North Royalton City Zoning Code

   Residential Districts and their regulations are established in order to achieve, among others, the following purposes:

   (a)   To regulate the bulk and location of buildings in relation to land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;

   (b)   To regulate the density and distribution of population in accordance with the objectives of the residential plan to avoid congestion and to maintain adequate services;

   (c)   To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences;

   (d)   To protect the desirable characteristics of existing residential development, to promote stability and the most desirable and beneficial use of land, and to bring about eventual conformity with the adopted or officially accepted Master Plan and other plans of the City;

   (e)   To protect and retain the existing residential character of areas that adjoin major arterials where nonresidential strip development is not desired by providing for a Residence/Professional Office District.

(Ord. 89-210. Passed 2-6-90.)

   Buildings and land shall be used in Residential Districts, and buildings shall be erected, altered, moved and maintained in Residential Districts, only for the uses set forth as permitted in the following schedule:

   Main Buildings and Uses            Accessory Buildings and Uses

(a)   R1-A: One-family dwellings.             Private garages and parking

   By conditional use permit: public          areas; private garden and

   water supply reservoir; tower             recreational uses; structures,

   and pumping station; public             pools, fences and walls; home

   sewage treatment works; electric          offices and occupations; renting

   power substation; licensed family          of rooms; accessory living

   home. Family home means a          accommodations; pets;

   residential facility providing             nameplate, bulletin board and

   room and board, personal care,          real estate signs.

   habilitation services and

   supervision in a family setting

   for at least six, but not more

   than eight, persons with

   developmental disabilities as

   provided for in Ohio R.C. 5123.19.

(b)   R1-B: Main uses permitted in             Accessory uses permitted in R1-A

   R1-A District.                  District.

   By conditional use permit: same

   uses enumerated in R1-A District.

(c)   RM-D: Single-family and two-            Accessory use permitted in R1-A

   family dwellings, townhouses,             District. Rooms for tourists,

   plexes and apartments.                storage garages and parking

   By a conditional use permit:             areas for automobiles as

   public water supply reservoir,             accessory to two-family

   tower and pumping station;             dwellings, townhouses, plex

   public sewage treatment works;          dwellings and apartments.

   electric power station.

(d)   RPO: Main uses permitted in             Accessory uses permitted in R1-A

   R1-B District and Residence/            Districts and parking areas

   Professional Office uses as             for automobiles as accessory to

   further regulated in this chapter,          Residence/Professional Office

   including Section 1270.31.            buildings as further regulated

   By conditional use permit:             herein.

   same uses as enumerated in

   R1-B District.

(e)   SRC: Senior citizen center for             Accessory uses: Service and

   persons aged 55 years or older,          maintenance buildings, off-street

   which includes the following             parking and garages, and related

   permitted main uses: dwelling             facilities and services.

   facilities, apartments, row houses

   and other attached or detached

   dwellings. Rest, nursing or other

   health facilities primarily for the

   use of the occupants. Dining

   facilities primarily for occupants

   and/or employees. Recreational

   facilities primarily for occupants.

   Administrative offices.

(Ord. 89-210. Passed 2-6-90; Ord. 90-196. Passed 10-16-90.)

(f)   RR: Detached one-family             Private garages and parking

   dwellings.                  areas; home offices and

   By conditional use (with             occupations; renting of rooms;

   appropriate permit and minimum          gardens and pets; barns and/or

   acreage): commercial equestrian          stables; pools; fences and walls.

   uses (ten acres minimum); bed

   and breakfast inns; plant

   husbandry; private sport

   recreation, including golf courses

   and country clubs; government

   agencies, such as fire stations

   and police stations; same uses as

   enumerated in R1-A District.

(Ord. 95-22. Passed 5-3-95.)

   (a)   Parking and Garage Facilities. Private and storage garages and open off-street parking areas shall be permitted in Residential Districts if accessory to a dwelling, or if the use is considered and approved as a conditional use in accordance with the standards and regulations set forth in Section 1262.07.

   (b)   Home Professional Offices. An office may be permitted in Residential Districts in the home of a person practicing any of the recognized professions, including, but not limited to, an accountant, architect, artist, engineer, lawyer, musician, physician, realtor, appraiser, photographer, planner or mental health counselor, provided that:

      (1)   No assistants other than members of the resident family work therein.

      (2)   The residential character of the dwelling exterior shall not be changed.

      (3)   No equipment shall be used which will create objectionable disturbances beyond the premises.

      (4)   The number of automobiles attracted to the premises shall not be more than can be accommodated by five automobile spaces (excluding enclosed garage spaces) for each 1,500 square feet of the main building.

   (c)   Home Occupations. Gainful home occupations may be permitted in Residential Districts, including dressmaking, interior decorating, arts and crafts, or any other similar home occupations, but excluding uses permitted as commercial or industrial uses, and may be conducted in the dwelling used by such person as his or her residence, provided that:

      (1)   No persons other than members of the household are employed therein;

      (2)   No window display or signboard is used to advertise such occupation, except that the nameplate provided for in Section 1284.07(a) may designate such occupation thereon.

      (3)   The occupation must be conducted wholly within the dwelling.

      (4)   No merchandise is sold except that which is produced on the premises.

      (5)   No equipment is used which will create objectionable disturbances beyond the premises.

      (6)   The space used for sale and production does not occupy more than twenty-five percent of the dwelling unit area.

      (7)   The use does not change the residential character of the dwelling exterior.

      (8)   The use does not require the storage of any equipment, materials or vehicles outside the main building.

   (d)   Renting of Rooms. The renting from a resident family, of not more than one room to not more than one person, shall be permitted in any Residential District.

   (e)   Gardens and Pets. The raising for private use of fruits, vegetables or nursery stock, and the keeping of pets, are permitted in Residential Districts, provided that:

      (1)   Household pets shall be construed to include dogs, cats, canaries, parakeets, fish, domestic rabbits and other regular domestic animals and birds. As used herein, household pets shall not be construed to include mules, donkeys, cows, bulls, swine, sheep, goats, wild rabbits, fowl, snakes, bees or pigeons and other domesticated animals, or tamed wild animals or birds.

      (2)   Not more than six horses (not for commercial use) per parcel of land will be permitted in the R1-A and R1-B Districts only. No piles or accumulations of refuse and/or manure from any animals will be permitted within 250 feet of any street or highway, 150 feet of any dwelling and twenty-five feet of all boundary lines. Minimum lot size for one horse is two acres and one additional acre for each horse. The grazing of horses must be confined to an area that is fenced, meets the requirements outlined in Section 1270.14 and is a minimum of 250 feet from any street or highway and 150 feet from any dwelling.

      (3)   Any accessory building used in conjunction with the keeping of horses must be a minimum of 250 feet from any street or highway, 150 feet from any dwelling and twenty-five feet from all boundary lines, and in no case will the accessory building be in front of the dwelling unit on the same or adjacent lots.

(Ord. 89-210. Passed 2-6-90; Ord. 03-113. Passed 9-16-03 ; Ord. 06-42. Passed 3-21-06 .)

   Land and buildings shall be used only in accordance with the lot area regulations, and buildings shall be erected, altered, moved and maintained only in accordance with the area, yard and building height regulations, set forth in this chapter.

   (a)   The area of a zoning lot shall be not less than the area in square feet required for each dwelling unit as given in the schedule set forth in Section 1270.05, multiplied by the number of units in the building.

   (b)   The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located, as set forth in Section 1270.05, or as modified in subsequent sections, and shall be measured at the building line. Each one and two-family lot shall abut upon a dedicated street for the required lot width, except that on curved streets the width at the front line may be less, provided that the lot width at the building line meets the required lot width of the particular district.

   (c)   The percentage of lot covered by buildings, as given in the schedule set forth in Section 1270.05, shall not be exceeded. The percentage is determined when the area of the building is divided by the area of the lot.

   (d)   The front yard depth or setback of a zoning lot shall be not less than the depth given in the schedule set forth in Section 1270.05, for the type of dwelling or other building permitted in the district in which it is located.

   (e)   Two side yards shall be provided for every one and two-family dwelling on a zoning lot, and the widths of side yards of a lot shall be not less than the respective dimensions as given in the schedule set forth in Section 1270.05.

   (f)   The rear yard depth of a zoning lot for main buildings shall be not less than the depth given in the schedule set forth in Section 1270.05 for the district in which it is located. A detached accessory building shall be located in accordance with yard regulations as given in Section 1270.12.

   (g)   The height of a main building permitted on a zoning lot shall not exceed the number of stories as given in the schedule set forth in Section 1270.05, or as modified in Section 1270.20.

(Ord. 89-210. Passed 2-6-90; Ord. 20-119. Passed 10-6-20; Ord. 22-64. Passed 5-4-22.)

   (h)   Single-family cluster developments shall be required to maintain the maximum overall densities listed in Section 1270.05 for R1-A and R1-B Districts.

(Ord. 95-92. Passed 7-18-95.)

   (a)   Yard dimensions determined by formula. See Section 1270.06.

   (b)   Measured at the building line. In group development, this need not correspond to lot width at the street line.

   (c)   Not less than 30 feet on a local street and not less than 40 feet on a collector street.

   (d)   See Section 1270.32 for yard regulations pertinent to cluster development.

   (e)   Along Royalton Road, the minimum front yard depth for all residential districts shall be 100 feet from the centerline of the street, or the front yard depth specified in the table, whichever is greater.

   (f)   An average setback of 50 feet from the ROW is required for the subdivision. Single lots or groups of three lots or less shall be required to maintain a 50-foot front yard depth when not governed by the provisions of Section 1270.08.

   (g)   (1)   Where a Senior Citizen Center adjoins business zoning, the side yard setback shall be a minimum of 50 feet; where a Senior Citizen Center adjoins industrial zoning, the side yard setback shall be a minimum of 75 feet.

      (2)   Where such facility adjoins an RM-D District, the side yard setback shall be 75 feet or one and one-half times the height of the building at the main entrance, whichever is greater.

      (3)   Where such facility adjoins an R1-A or R1-B District, the side yard setback shall be two times the height of the building at the main entrance, or 100 feet, whichever is greater. In addition, the requirements of footnote (c) of Section 1278.06 must be complied with.

      (4)   In cases where the rear yard adjoins an R1-A or R1-B District, the required setback shall be at least equal to the side yard requirements of paragraph (g)(3) hereof.

      (5)   In all other cases, the rear yard setback shall be one and one-half times the building height at the main entrance or 75 feet, whichever is greater.

(Ord. 91-311. Passed 7-7-92; Ord. 92-273. Passed 1-5-93; Ord. 93-17. Passed 2-2-93; Ord. 93-44. Passed 5-5-93; Ord. 95-93. Passed 7-18-95.)

   In order to encourage greater flexibility in design, more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for multifamily dwellings are hereby established for single development and for locating several buildings within a group development.

   The yards of multifamily buildings shall be attractively landscaped and related to the space within the dwelling units as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, and from streets and parking and recreation areas, in accordance with the following:

   (a)   Terms used in this section are defined as follows:

      (1)   Cluster development: A development which utilizes the design technique which concentrates buildings in specific areas on the site, allowing the remaining land to be used for recreation, common open space and the preservation of natural areas and environmentally sensitive features. This type of development shall not be governed by the formulas and restrictions listed in subsections (b) through (j) hereof. Yard regulations for cluster developments are listed in Section 1270.32.

      (2)   End or secondary wall: Any exterior wall of a multifamily building, other than a main wall, containing secondary windows of a dining or sleeping room, principal or minor windows of a kitchen or bathroom, or no windows.

      (3)   Group development: A development of more than one multifamily building on a parcel planned as a unit and coordinated with the surrounding neighborhood.

      (4)   Main wall: Any exterior wall of a multifamily building containing the principal windows of a living, dining and/or sleeping room or rooms.

      (5)   Overlapping walls: That portion of the exterior walls which are directly opposite, when two buildings that are parallel, or within thirty degrees of being parallel, face each other across an open yard or court.

      (6)   Single development: A development of one multifamily building on one lot coordinated with the surrounding neighborhood and fronting on a dedicated street.

   (b)   The distance between facing and overlapping buildings or parts thereof in a group development of multifamily buildings shall vary in direct relation to the length and height of buildings. Such minimum distance shall be determined by the formula,

            Minimum Distance =   LA + LB + HA + HB

                         F

      The elements of the formula are shown in Illustration E, as follows:

      (1)   Minimum distance: The required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.

      (2)   LA: The total length of building A which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building B.

      (3)   LB: The total length of building B which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.

      (4)   HA:   The height of building A.

      (5)   HB:    The height of building B.

      (6)   F:    The divisor factor.

         In the RM-D and SC Districts, the division factor is three and a half (3.5). However, the minimum distance between any two main walls of separate buildings shall be forty feet.

   (c)   Minimum distances in angular arrangements of thirty to sixty degrees are determined by the formula,

            Minimum Distance:   2LB + HA + HB - K

                        F

      The elements of the formula are as defined above and are shown on Illustration E. "K" in the formula varies as the sine of 2N where N is the angle from building B to building A or extensions thereof.

         Where n is      K equals

         (degrees)       (feet)   

         30 to 34      10

         35 to 39      20

         40 to 50      25

         51 to 55      20

         56 to 60      10

      In the RM-D and SC Districts, the division factor, "F", is four and a half (4.5).

   (d)   Minimum distances between walls of court arrangements shall be determined by applying the formula set forth in subsection (b) hereof to each set of facing walls. In the arrangement of parallel walls with offset sections, the distance between the corresponding parallel walls shall be determined by such formula. The elements of the formula are shown on Illustration E. In the RM-D and SC Districts, the division factor, "F", is three and a half (3.5).

   (e)   The minimum horizontal distance between non-overlapping walls where walls of two buildings do not directly face each other or do not overlap (that is, where lines drawn perpendicular from the face of any wall of any one building will not intersect the face of any wall of another building), shall be not less than one-half of the combined heights of the two buildings. Such minimum distance shall be determined by the formula,

            Minimum Distance = HA + HB

                      2

   (f)   The distance between a building and boundary lines of a multifamily building or part thereof, in a single development or group development, and any side or rear lot line of the parcel or development area, shall vary in direct relation to the length and height of the building.

         Where the building is parallel to the lot line, such minimum distance shall be determined by the formula:

            Minimum Distance = 2(LL) + HA

                      F

      Where the building is at an angle to the lot line, the minimum distance shall be determined by the formula:

            Minimum Distance = 2(LL) + HA - K

                      F

      The elements of said formula are shown on Illustration E and defined as follows:

      (1)   Minimum distance: The minimum required horizontal distance between any wall of a building and the nearest side or rear lot line, or boundaries of the parcel or development area.

      (2)   LL: The maximum length of the side or rear lot line which can be intersected by lines drawn perpendicular from the face or faces of any wall or walls of the building.

      (3)   HA: The height of building A.

      (4)   K: It varies as the sine of 2N, where N is the angle from the lot line to the building. The value of "K" is set forth in subsection (c) hereof.

      (5)   F: The division factor. Where the building is parallel to the lot line, the division factor for the RM-D and SC Districts is three. Where the building is at an angle to the lot line, the division factor for the RM-D and SC Districts is four.

   (g)   For townhouse dimensions, a unit of a townhouse shall be not less than twenty-two feet in width, and any main or longitudinal wall of a sequence of townhouse units shall not exceed 132 feet in length without a ninety degree offset of at least ten feet, and the aggregate length of any wall, including its offsets, shall not exceed 176 feet in length.

   (h)   In the use and design of yards, the required yards set forth in this section shall be attractively landscaped and may be used for driveways, pedestrian walks and passive recreation areas. If, however, courts between buildings are used for parking areas or playgrounds, the distances between buildings shall be increased by the dimensions of such intermediary facilities. The site shall be designed so that entrances to all buildings shall be located not more than 300 feet from the accessory parking area, the distance to be measured along pedestrian walks.

   (i)   Where two or more multifamily buildings are planned as a unit on a single parcel, submission of development plans shall follow the procedure outlined in Section 1270.30.

   (j)   The diagrams in Illustration E indicate the regulations and planning criteria set forth in this section and constitute a part of this Zoning Code.

(Ord. 89-210. Passed 2-6-90; Ord. 93-19. Passed 2-2-93.)

   The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall not be further reduced in any manner. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as set forth in Section 1270.12 and projections into yards as set forth in Section 1270.13.

(Ord. 89-210. Passed 2-6-90.)

   Where fifty percent or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this Zoning Code or any amendment thereto, with a front yard setback of more or less than required by this Zoning Code, the minimum front yard for new buildings or additions to existing buildings shall be the average setback distance of existing buildings located within 100 feet on either side of a given lot. However, the depth of the front yard resulting therefrom shall be not less than twenty percent of the dimensions specified in the schedule set forth in Section 1270.05.

(Ord. 91-72. Passed 5-8-91.)

   Where side yards are narrower than required for the district in which the building and lot are located, which building and lot were owned separately from all other tracts of land on the effective date of this Zoning Code or any amendment thereto, and are still so owned, the building may be maintained or altered but may not be enlarged in width until the total width of the side yards complies with this Zoning Code.

(Ord. 89-210. Passed 2-6-90.)

   The depth of the front yard on a corner lot shall be not less than the required setback from the front lot line. The width of the side yard on the side street shall be not less than twenty percent of the width of the lot at the building line but not less than one-half of the depth of the front yard required for the adjoining lot which abuts a side street, unless shown otherwise on the Zoning Map.

(Ord. 89-210. Passed 2-6-90.)

   The specific yard regulations set forth in this chapter may be modified by the Board of Zoning Appeals in accordance with standards established in Section 1264.08 where the regulations cannot be complied with reasonably as a result of the irregular shape of a lot or for topographical reasons.

(Ord. 89-210. Passed 2-6-90.)

   (a)   Private garages and accessory buildings permitted in the R1-A, R1-B, and RRZ Districts per Section 1273.01(d), shall meet the requirements of the following table:

 

   Residential Districts (Other Than Senior Citizen

 

         A.   All structures combined shall not exceed the basic footprint of thirty-five percent of the lot. Such footprint shall be permitted to be split to accommodate the maximum use of the lot.

         B.   Accessory structures and private detached garages commonly associated with R1-A and R1-B Districts are not permitted in a cluster development in accordance with Section 1270.33(d)(4)F.

         C.   Swimming pools, whether in-ground or above-ground, shall be permitted regardless of size providing such pool does not exceed the thirty-five percent lot coverage inclusive with all other accessory structures.

         D.   Shipping or storage containers, such as, but not limited to, railway cars and shipping containers carried by trucks or ships, are not permitted to be used as accessory buildings or shelters in R1-A, R1-B, and RRZ residential districts.

(Ord. 22-65. Passed 5-4-22; Ord. 24-49. Passed 4-16-24.)

                                                To Side & Rear

Accessory            To Walls of                         Lot Lines Adjacent

Building or Use         Main Buildings      To Streets         R1          RM-D   

                  Main   End         Public   Private      Distanc e      Distance

Storage garage         30(1)   15(1)      (2)      8         5          5

Parking area and

driveway (3)            30      10         20(4)   5(4)          10         5

Project walk            10(5)   5         (6)      (6)          5         5

Areas for active

recreation            30      15         (7)      10          40         15

      (1)   Garage may be in basement ground floor or not less than set forth in this schedule.

      (2)   Storage garage not permitted in required front yard.

      (3)   If the driveway is designed as part of the building entrance, it may be less than set forth in this schedule for that section near the entrance.

      (4)   Parking area only.

      (5)   A project walk may be less than ten feet, but not less than five feet, from a main wall, if all the windows have sills at least eight feet above the finished grade.

      (6)   Not applicable.

      (7)   Recreation areas not permitted in required front yard.

               To Walls of         To Adjacent   

Accessory         Main Bldgs.         Side and Rear      To Street

Building or Use      (ft.)               Lot Lines (ft.)      (ft.)             Max. Area

Storage or Detached

Garage            20               10            Not permitted(b)      Same as

                                                         subsection (a)

Parking area

and driveway         10               10                50            20% of area

(Ord. 89-210. Passed 2-6-90; Ord. 90-121. Passed 9-4-90; Ord. 02-138. Passed 1-7-03; Ord. 03-60. Passed 7-1-03; Ord. 13-124. Passed 11-6-13; Ord. 19-59. Passed 9-3-19; Ord. 22-66. Passed 5-4-22.)

   (a)   A projection is that part or feature of a building which extends or projects outside of the enclosing walls. It is intended that certain features may project into required yards but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots as follows.

   (b)   Building features may project into a front, side or rear yard of a dwelling measured from the established yard line, as follows:

      (1)   Architectural feature. A belt course, balcony, cornice, butter or chimney may project into a front and side yard for a distance of two feet, provided that no part is less than three feet from any side lot line.

      (2)   Entrance feature. An open platform, landing, steps, terrace or other feature, not extending above the first floor level of a building, may extend six feet into a front yard and three feet into a side yard.

      (3)   Enclosed shelters. An enclosed entry or porch shall not project into any required yard area.

      (4)   Unenclosed shelters. An entrance hood or open but roofed porch may project six feet into a front yard and three feet into a side yard.

(Ord. 89-210. Passed 2-6-90.)

   Fences and walls are permitted subject to the requirements of Chapter 1467.

(Ord. 89-210. Passed 2-6-90; Ord. 91-131. Passed 5-8-91; Ord. 91-234. Passed 11-6-91; Ord. 02-139. Passed 1-7-03; Ord. 15-11. Passed 1-20-15.)

   There shall be not more than one one-family or one two-family dwelling permitted on a zoning lot. There may be more than one multifamily building on a zoning lot. There may be one accessory building and one detached or attached garage.

   No one or two-family dwelling shall be located on a lot which does not have the required frontage on a dedicated street. However, multifamily buildings (with the approval of the Planning Commission) may be arranged in groups, and each building need not directly front on a dedicated street. Improvement within these developments must conform to standards set forth in Sections 1270.06 and 1270.30.

(Ord. 89-210. Passed 2-6-90; Ord. 03-59. Passed 7-1-03; Ord. 13-124. Passed 11-6-13.)

   A parcel of land may be subdivided into two or more parcels, in accordance with the Subdivision Regulations, provided that all lots resulting from such division shall conform to all the lot area and width regulations of the zoning district in which they are located. A lot of record which conformed to the provisions of this Zoning Code and which was owned separately from adjoining lots on the effective date of this Zoning Code or an amendment thereto which affects its conformity, shall not be reduced in any manner which would make it nonconforming.

   The lot area or any part thereof required for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.

(Ord. 89-210. Passed 2-6-90.)

   A lot of record which does not comply with the area or width of lot regulations of the district in which it is located on the effective date of this Zoning Code or any amendment thereto which made it nonconforming, may be used as follows:

   (a)   If occupied by a building, such building may be maintained, repaired or altered. However, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and the rear yard regulations are complied with.

   (b)   If vacant, the lot may be used, provided that:

      (1)   No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this Zoning Code;

      (2)   Not owning adjoining land, other vacant land cannot be equitably acquired adjoining the lot; and

      (3)   All provisions of this Zoning Code, except the lot area and lot width regulations, shall be complied with. A lot of insufficient width will be allowed only if such lot is ninety percent of the lot size in area required in the district in which said lot is located.

(Ord. 89-210. Passed 2-6-90; Ord. 91-73. Passed 5-8-91.)

   Lots created after the effective date of this Zoning Code shall be increased in area in order to obtain greater depth when:

   (a)   A lot abuts a major street in order to obtain a greater depth of front yard;

   (b)   A lot abuts a railroad, an Industrial District or other noncompatible use in order to obtain a greater rear yard;

   (c)   A lot is located along an open ditch or land subject to flooding; and

   (d)   The width and area of corner lots shall be increased in order to obtain the setback required and as set forth in Section 1270.10.

(Ord. 89-210. Passed 2-6-90.)

   In order to provide healthful living conditions and to preserve the character of the neighborhood, dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum areas of dwelling units.

         The area for frame buildings shall be measured from the exterior face of the enclosing walls at the respective floor line. For brick veneer buildings, no more than four inches of exterior wall thickness may be included in the area calculation. For two-family and multifamily dwellings, where applicable, measurements will be made to the centerline of party walls. All areas within garages and porches, public halls and general storage rooms in multifamily dwellings shall be excluded in this measurement.

Dwelling Type   1 Story (sq. ft.)   1-1/2 Story (sq. ft.)      2 Story (sq. ft.)

         With   Without   With   Without      With    Without
         Bsmt.   Bsmt.      Bsmt.   Bsmt.         Bsmt.    Bsmt.

R1-A Classification
One-family dwelling*

Ground floor      1250   1400      1100   1200         850   950

Total floor area   1250   1400      1250   1400         1700   1900

R1-B Classification
One-family dwelling*

Ground floor      1250   1400      1100   1200         850   950

Total floor area   1250   1400      1250   1400         1700   1900

One-family dwelling      Bi-level   Tri-level split level

Ground floor area      950   

Total floor area      1900         1600

Two-family dwelling

Ground floor area   1050   1150      ----   ----         750    850
(each unit)

Total floor area   2100   2300      ----   ----         1350    1450

      (per bldg.)   (per bldg.)         (each unit)   (each unit)

Townhouse (ea. unit)*
Ground floor area      1100   1200      ----   ----      660    760

Total floor area      1100   1200      ----   ----      1320    1420

Plex (each unit)*
Ground floor area      1100   1200      ----   ----      660    760

Total floor area      1100   1200      ----   ----      1320    1420

                  Efficiency         500

                  1 bedroom unit      650

                  2 bedroom unit      850

*Area exclusive of all circulation space.

**Maximum of three bedrooms; for each additional bedroom unit 150 square feet of additional area must be provided.

Two-family dwelling      240         400

Townhouse         240         400

Plex            240         400

*Area exclusive of all circulation space.

(Ord. 89-210. Passed 2-6-90; Ord. 91-249. Passed 11-6-91; Ord. 22-67. Passed 5-4-22.)

   Main or accessory buildings shall be erected, altered, moved or maintained only in accordance with the maximum height of building regulations provided in Section 1270.04, except that chimneys and radio and television antennas, located upon and constituted as an integral part of a main residential building, may be erected above the height limit specified, but are limited to a height not exceeding sixty feet above the average finished grade, unless modified by a conditional use permit.

(Ord. 89-210. Passed 2-6-90.)

   Public utility uses and distribution equipment for a public utility, if essential in a district, shall be permitted in any zoning district. However, where such public utility uses are proposed to be located across or on unplatted lands, such uses shall be subject to the issuance of conditional use permits in accordance with Section 1262.07.

   The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by the Planning Commission.

(Ord. 89-210. Passed 2-6-90.)

   Driveways, walks or other accessways to any use which is not permitted in a district shall be prohibited.

(Ord. 89-210. Passed 2-6-90.)

   (a)   Tractors, trailers and other equipment and supplies may be permitted on a residential lot, provided they are stored in an enclosed structure. No occupancy for human habitation shall be maintained or business conducted therein while the same is so parked or stored. The wheels or any similar transporting device shall not be removed, nor shall any such vehicle be temporarily or permanently fixed to the ground.

   (b)   Motor vehicles may be stored outside an enclosed structure if they are not abandoned. Nevertheless, no person shall have an abandoned motor vehicle standing or parked on private property for seven days or more unless such vehicle is stored in the garage located on the owner's, lessee's or agent's premises.

   It shall be prima-facie evidence of abandonment if any of the following circumstances exist:

      (1)   The vehicle fails to display current lawfully required license plates and/or license tags.

      (2)   The vehicle has been damaged, wrecked or disassembled so as to be inoperable.

(Ord. 89-210. Passed 2-6-90.)

   (a)   As used in this Zoning Code, camping and recreational equipment is defined as follows: A vehicular-type structure primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. Allowing for engineering variations, the basic entities are: travel trailer; camping trailer; boats and boat trailers; motor homes; and truck campers.

   (b)   Camping and recreational equipment may be parked or stored on private residential property subject to the following conditions:

      (1)   At no time shall such parked or stored camping and recreational equipment be used for business or housekeeping purposes, nor shall the wheels or any similar transporting device be removed, nor shall it be permanently fixed to the ground.

      (2)   At no time shall permanent plumbing or electrical facilities be installed.

      (3)   If the camping and recreational equipment is parked or stored in the open it shall be parked or stored only in the rear yard of the property if there is usable room for such and if such an area can be reached without damage to buildings, terrain, trees or any permanent obstacle that is in the way. If front or side yard parking or storing is necessitated due to obstacles presented, camping and recreational equipment shall be permitted to be parked or stored for a period not to exceed five days within a 30 day period. Any front or side yard parking or storage exceeding five days shall require a permit to be obtained from the Building Commissioner upon such terms and conditions as established by the Building Commissioner. Park or Parking shall be defined as the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers for the purpose of convenient departure from or return to the vehicle in connection with a planned trip, outing or vacation. Storage shall be defined as the standing of a vehicle for the purpose of preserving, protecting and securing the camping and recreational equipment. Such vehicle, when stored or parked, must be five feet away from the side lot line.

      (4)   All recreational equipment must be kept in good repair and carry a current year's license and/or registration.

(Ord. 89-210. Passed 2-6-90; Ord. 11-71. Passed 6-21-11.)

   Soil, sand or gravel shall not be stripped or removed in a Residential District, except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration of a building for which a permit has been issued.

   No building or structure shall be erected within any area described by the Engineer as a drainage course. For the purpose of this Zoning Code, a drainage course includes any area such as drainageways, channels, streams and creeks, designated as such on geodetic or City topographic maps, and further includes any area designed or intended for use for drainage purposes as shown on a recorded subdivision.

   No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet, or more than 100 feet when so designated on the Zoning Map, of the centerline of such drainage course, except upon issuance of a certificate by the Engineer that such filling will not obstruct the flow of water or otherwise reduce the water-carrying capacity of such drainage course, or affect the design and character of such drainage course.

(Ord. 89-210. Passed 2-6-90.)

   (a)   Permitted Buildings and Uses. Temporary structures may be permitted in any Residential District if such structures are deemed necessary for construction operations relative to the dwellings and accessory buildings of the area, for which operations a building permit has been issued, provided that:

      (1)   Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building materials, and workshops for prefabricating building components.

      (2)   The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a Residential District that is being developed.

      (3)   The hours of operation shall be restricted to the hours between 8:00 a.m. and 6:00 p.m., excluding Sundays, and the concentration of vehicles attracted to the premises in connection with such use shall not be more hazardous than normal traffic in a Residential District that is being developed.

      (4)   All temporary structures shall be located at least 100 feet from the nearest occupied residential dwelling.

      (5)   All structures and yard storage areas are enclosed by an opaque fence.

      (6)   A conditional use permit for such temporary structures has been applied for and approved, along with special conditions that may be required in accordance with Section 1262.07.

   (b)   Removal of Structures. All temporary structures shall be removed within thirty days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.

(Ord. 89-210. Passed 2-6-90.)

   (a)   For purposes of this Zoning Code, swimming pools shall be defined and classified as follows:

      (1)   "Swimming pool" means an open tank or other structure not located within a completely enclosed building and designed so as to contain at least three feet in depth of water at any point, including the lounging and spectator areas and any accessory buildings or structures or equipment.

      (2)   "Private swimming pool" means a pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.

      (3)   "Club swimming pool" means a pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.

      (4)   "Commercial swimming pool" means a pool operated for a profit and open to the public upon payment of a fee.

(Ord. 89-210. Passed 2-6-90.)

   (b)   Swimming pools may be permitted and located in accordance with the following:

      (1)   Private pools may be located in a Residential District as an accessory use to a dwelling. The pool and any accessory buildings or structures or equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line.

         A.   Any pool more than ten feet across in horizontal measurement and/or more than thirty-six inches deep shall not be considered portable and must comply with fencing requirements as set forth in paragraph B. below.

         B.   All fences enclosing swimming pools shall be in accordance with Chapter 1467 and Section 1482.06.

         C.   All fences, whether immediately around the pool or the entire yard, whether new or existing, shall be a minimum of four feet high to a six feet maximum height and shall have an effective means of denying access to the area, such as a locked gate.

         D.   In the case of an above-the-ground pool, the walls of the pool above ground may be used as the lower portion of the four-foot high fence requirement. The added upper portion must be of sturdy construction and shall comply with the requirements of Section 1482.06(a) of the Codified Ordinances. Some effective means must be provided to deny access to the pool when the pool is not in use or a responsible person is not in attendance. (Example: Ladders must be removed and secured elsewhere; stairs must be raised and locked in the “up” position.)

         E.   All pools must be at least fifteen feet away from the residence, in the rear yard, and be fifteen feet away from property lines. (A deck attached to a pool must meet the side and rear yard setback requirements of this Zoning Code for that zoning area.)

         F.   Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots. A compact hedge may also be required by the Planning Commission to insulate the pool from adjoining property.

(Ord. 90-119. Passed 9-4-90; Ord. 02-140. Passed 1-7-03; Ord. 15-11. Passed 1-20-15.)

      (2)   Club pools may be located in a Residential District if the lot on which they are located is not less than three acres in area and if access to it is provided only from a major arterial or collector street. The pool and any accessory buildings or structures or equipment shall be located not less than seventy-five feet from any adjoining residential lot line. At least one-half of an off-street parking space shall be provided for each member, located not less than twenty-five feet from any adjoining residential lot line and constructed as required in Section 1282.10. The premises or area occupied by the pool shall be fenced, and lighting fixtures designed and located, as set forth under private pools.

      (3)   Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code pertaining to club pools are complied with.

   (c)   Permits. A swimming pool permit shall be required for each private pool. A conditional use permit shall be required for each club pool in a Residential District and each commercial pool. Conditional use permits shall be renewed each year for commercial pools. A detailed site plan shall be submitted with each application for a permit. Construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances and codes of the City. All permanent pools three feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools three feet in depth and over shall require the approval of the State Board of Health.

(Ord. 89-210. Passed 2-6-90.)

   Signs in Residential Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations set forth in Chapter 1284.

(Ord. 89-210. Passed 2-6-90.)

   Parking in Residential Districts shall be in accordance with the regulations set forth in Chapter 1282.

(Ord. 89-210. Passed 2-6-90.)

   (a)   Intent. In order to encourage greater attractiveness, flexibility and utilization of yard spaces, and to provide for the comprehensive review of group developments, a group of two or more contiguous single-family attached (townhouse or plex) dwellings, or a group of two or more apartment dwellings, may be designed and developed as a unit in accordance with this section. The provisions of this section apply to groups of apartments or single-family attached dwellings on land zoned in RM-D and SC Districts.

   (b)   Preliminary Plan of a Group Development Area. Subject to the requirements of this section, a developer shall submit to the Planning Commission a preliminary plan of a group development by filing ten copies thereof with the Planning Commission. The preliminary plan of a group development shall indicate the location and arrangement of all uses proposed for the group development area and shall, unless waived by the Planning Commission as not being applicable, indicate the following items:

      (1)   The topography, at two-foot contour intervals, of the proposed development area, including property lines, easements, street rights of way and existing structures, trees and landscape features, including a certificate, by the registered engineer, architect or surveyor, of the gross area of the development area in acres and square feet;

      (2)   The proposed vehicular and pedestrian traffic patterns, including the proposed location and design of public and private streets, the directional flow and location of existing and proposed storm and sanitary sewers, and sewers connecting with existing or proposed Municipal interceptor, outlet or trunk sewers outside of the development area, the location and design of parking and service areas, and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits;

      (3)   The proposed assignment of use and subdivision of all land, including private land and common land, with a certificate by a registered engineer or surveyor of the gross area of each use of the development area in acres and square feet;

      (4)   The location of all structures in the development area to be retained, all structures to be removed, and all structures lying outside of the boundaries of the development area, located within 200 feet thereof;

      (5)   The proposed forms of covenants running with the land, deed restrictions (including those with respect to the use of the common land), covenants, restrictions or easements proposed to be recorded, and covenants proposed for maintenance;

      (6)   A schedule of construction and cost estimates for the completion of the development, including all public and private improvements in the development area; and

      (7)   Such other relevant information as the Planning Commission may require.

   Upon receipt of a preliminary plan, the Planning Commission shall transmit a copy to the City Engineer, the City Planner, and, at the Planning Commission's discretion, the Police and Fire Departments. A copy of all covenants, restrictions and easements to be recorded and covenants for the maintenance of common areas shall be submitted to the Law Director. All parties reviewing plans and legal documents shall submit this report and recommendation in writing to the Planning Commission within thirty days after the initial submission of plans and documents. Within sixty days after a preliminary plan has been filed, the Planning Commission shall evaluate the preliminary plan and recommendations listed above, and shall make a finding that the preliminary plan complies with the regulations, standards and criteria prescribed by this Zoning Code for a group development, or a finding of any failure of such compliance, and shall act to approve, disapprove or modify such preliminary plan.

   (c)   Final Plan of a Group Development Area. The developer of any parcel or parcels of land for which a preliminary plan has been approved by the Planning Commission may prepare and submit a final plan of the group development area, or a phase thereof. The final plan shall contain, unless waived by the Planning Commission as not being applicable, the following items:

      (1)   A site plan, including the proposed public and private street system with rights of way, all easements, the use and subdivision of all land, including common and private land, and the location of each existing structure to be retained;

      (2)   A plat of the development area showing street rights of way, subdivided and common land, and easements, in accordance with the requirements of the Subdivision Regulations of North Royalton which shall be in a form for recording;

      (3)   Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination and all other site features of the development area or that portion of the development area to be developed, designed in accordance with the Subdivision Regulations and Building Codes of North Royalton;

      (4)   A detailed landscape plan showing all site features and finished grading for public and private lands within the development area;

      (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, declarations of covenants, restrictions and bylaws of a home association and its incorporation, and declaration of condominium ownership and other covenants, if any, for maintenance;

      (6)   The estimated project cost, including estimates for all public and private improvements;

      (7)   A construction schedule and land disposition program; and

      (8)   In the event the final plan of a development area includes the subdivision of land, any map, plat or other data required for compliance with the provisions of the Subdivision Regulations of North Royalton.

   If the Planning Commission finds that the final plan is in accordance with and represents a detailed expansion of the preliminary plan previously approved, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, and, where applicable, all provisions of the North Royalton Subdivision Regulations have been complied with and approvals obtained from the Engineer, then the Commission shall, within sixty days after a final plan has been filed, approve such final plan. Following approval of a final plan of a group development, the Building Commissioner shall be so notified and building and other prints may be issued upon payment of required fees.

   If the Planning Commission determines that the final plan is not in substantial accordance with the intent of the approved preliminary plan, the developer shall be required to either resubmit, subject to full review, a new preliminary plan, or modify and resubmit a final plan which represents a detailed expansion of the preliminary plan previously approved.

   A developer, having obtained final approval of a preliminary plan of a development area, may accomplish the development in progressive stages as may be approved by the Planning Commission.

   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.

   (d)   Permitted Main Buildings and Uses. Permitted main buildings and uses in a group development area are the same as those permitted in RM-D Zoning Districts.

   (e)   Area, Yard and Height Regulations. Area, yard and height requirements in a group development area shall be in accordance with Sections 1270.05 and 1270.06.

   (f)   Townhouse Dimensions. Townhouse dimensions in a group development area shall be in accordance with Section 1270.06(g).

   (g)   Land Planning Criteria. The following planning criteria are hereby established to guide the design and development of a group development area. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage the imaginative arrangement of buildings, open space and landscape features, including walks, drives and parking. Although latitude in design is encouraged, the following design shall be met in a group development area.

      (1)   Access. Dwelling units within a group development area may be arranged in clusters. Each dwelling unit within such group or cluster shall be accessible, by means of a private cluster drive, to service emergency vehicles in a manner acceptable to the City Engineer, provided that:

         A.   The method of construction and construction materials for private drives meet accepted engineering practice and are approved by the City Engineer.

         B.   The location, design and construction of all utilities on private or "common" land are approved by the City Engineer.

         C.   The preservation and maintenance of all private drives and utilities on private land are assured by compliance with the requirements of Ohio R.C. Chapter 5311, and the Declaration of Condominium Ownership, including Drawings and Bylaws, are approved by the Law Director.

      (2)   Parking. Parking in a group development area shall be in accordance with the requirements set forth in Chapter 1282.

(Ord. 89-210. Passed 2-6-90.)

   (a)   Permitted Uses. Permitted uses in the RPO District are as follows:

      (1)   One-family uses;

      (2)   Accessory buildings and uses, including:

         A.   Private garages and parking areas;

         B.   Private gardens and recreational uses;

         C.   Structures, pools, fences and walls;

         D.   Home professional offices as regulated in Section 1270.03(b);

         E.   Home occupations as regulated in Section 1270.03(c);

         F.   Renting of rooms and/or accessory living accommodations;

         G.   Nameplate, bulletin board or real estate sign; and

         H.   Household pets as regulated in Section 1270.03(e), but excluding horses.

      (3)   Residence/professional offices. A residence/professional office use may be permitted in a Residence/Professional Office District, including, but not limited to, the following professions: accountant, appraiser, insurance agent, architect, lawyer, musician, physician, realtor, marriage counselor, barber, beautician, word processor, dentist, orthodontist, photographer, data processor, engineer or planner.

         In addition, City Council, with the prior review of the Planning Commission, may permit any other professional use which is omparable in character to any of the above uses listed in this section, provided that such use meets all of the other regulations and conditions of this section and this Zoning Code. Each residence/professional office use shall meet the following supplemental regulations and conditions.

   (b)   Use.

      (1)   Not more than two professional businesses shall be conducted in any single residence/professional office building, and these two businesses shall be conducted wholly within the main use.

      (2)   There shall be only one main building per lot.

   (c)   Parking and Drives.

      (1)   The number of automobile parking spaces required and provided (excluding enclosed garage spaces) shall not exceed five automobile spaces per each 1,500 square feet of the main building. The number of vehicles attracted to the premises shall not be greater than permitted in accordance with these provisions.

      (2)   All driveways and parking areas shall be paved in asphalt or concrete, and paved hard-surface shall not exceed twenty percent of the total lot area. All unpaved areas not covered by buildings shall be landscaped and properly maintained.

      (3)   Driveways shall not exceed eighteen feet in width.

      (4)   No commercial vehicle or truck may be stored on the premises.

      (5)   There shall be no off-street parking permitted in the front yard.

   (d)   Lot Area.

      (1)   A residence/professional office use shall be permitted only on lots equal to or greater than the R1-B minimum lot area of 13,600 square feet.

      (2)   The maximum building ground cover shall be thirty-five percent of the lot area.

   (e)   Design Standards.

      (1)   The residential character of the dwelling exterior shall be maintained and any new construction shall be of a residential character in its exterior design, scale, materials, color, landscaping and building elements, such as doors and windows.

      (2)   Height of buildings shall be no greater than thirty-five feet or two and one-half stories.

      (3)   All buildings and site improvements shall be reviewed and approved by the Planning Commission.

   (f)   Performance Standards.

      (1)   No equipment shall be used which will create objectionable disturbances beyond the premises.

      (2)   No window display or signboard is to be used to advertise occupations or services. However, an identification nameplate provided for in Section 1284.07(a) may designate the permitted professional use therein.

      (3)   No merchandise or product is to be sold, manufactured or stored on the premises.

      (4)   All office activity must be conducted between the hours of 8:00 a.m. and 9:00 p.m.

   (g)   Conditionally Permitted Uses. Conditionally permitted uses as specified in the R1-A District shall not be allowed in the RPO District.

(Ord. 89-210. Passed 2-6-90.)

   (a)   Purpose and Intent. In order to promote a more creative use of the land and a flexible spacing of lots and buildings that would not otherwise be possible through the strict application of the minimum requirements of the multifamily zones, multifamily cluster developments are meant to:

      (1)   Conserve the natural amenities of the landscape, which is in accordance with the goals set forth in the Master Plan;

      (2)   Provide residential areas that are both visually interesting and of high quality; and

      (3)   Create a functional circulation system providing ease of access for residents and service and emergency equipment.

   (b)   Scope and Review Procedures. Cluster developments are permissible by right in the RM-D and SC Districts. Any developer wishing to create a development under these regulations must declare his or her intent to develop a "cluster development" and therefore be subject to these regulations. Cluster developments are subject to site plan review procedures provided in Section 1248.04. Plans must be submitted in accordance with, and the cluster development will be governed by, the provisions of this chapter and other applicable provisions of this Zoning Code and the Subdivision Regulations.

   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained in a multifamily cluster development, in accordance with the following:

      (1)   Main buildings and uses:

         A.   Detached cluster dwellings; and

         B.   Attached cluster dwellings.

      (2)   Accessory buildings and uses:

         A.   Gardens, fences, walls, pools and other recreational facilities on private or common land;

         B.   Private garages and off-street parking;

         C.   Home occupations;

         D.   Signs as regulated by Chapter 1284; and

         E.   Housing of pets as regulated by Section 1270.03(e).

   (d)   Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a multifamily cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of the residential units, open space and landscape features. The detached cluster dwellings may be arranged in various groups, to maximize the privacy of each unit. Open spaces are to be integrated within the development and designed in such a way as to provide aesthetic quality, forming a unified appearance of buildings and open space.

      (1)   Density and open space.

         A.   Guidelines for maximum density per acre and overall density are as follows:

            Maximum density is eight units per acre;

            Maximum overall density is six units per acre.

         B.   Required common open space. Twenty-five percent of the total area of the cluster development shall be set aside as common open space. This common open space shall be further subject to the requirements of subsection (f) hereof.

(Ord. 93-20. Passed 2-2-93.)

      (2)   Cluster dwelling unit arrangement.

         A.   Number of units. Not more than five cluster dwelling units may be physically attached via common or adjoining wall(s).

         B.   Cluster unit building setbacks.

            1.   Front yard. Main structure and side entry garages: twenty feet from the edge of paving; front entry garages: twenty-five feet from the edge of paving.

            2.   Rear yard. Thirty-five feet development property line (the ten-foot buffer required by Chapter 1288 may be a portion of this setback); forty feet between buildings.

            3.   Side yard requirements. A thirty-foot side yard is required along development property line. The ten-foot buffer required by Chapter 1288 may be a portion of this setback. The following dimensions are to be maintained between buildings:

               Between two one-story dwellings - eight feet;

               Between a one-story dwelling and a two-story dwelling - ten feet;

               Between two two-story dwellings - twelve feet;

               Between a building housing attached units and a detached dwelling - fifteen feet;

               Between two buildings housing attached units - twenty feet.

               Between a side wall and a rear wall - twenty-six feet.

            4.   Corner lots. A structure on a corner lot shall be set back twenty-two feet from the pavement edge.

(Ord. 95-97. Passed 7-18-95.)

      (3)   Modifications. The Planning Commission may modify the above setback requirements to require greater or lesser distances to achieve the objectives stated in subsection (a) hereof.

      (4)   Cluster unit criteria. Cluster dwellings shall comply with the minimum floor area requirements for "Townhouses" and "Plexes" as shown in Section 1270.19.

      (5)   Ingress to and egress from garages. Ingress and egress to any garage cannot interfere with the ingress and egress to another garage or parking on the site.

   (e)   Cluster Development Design Criteria. In addition to the requirements of subsection (d) hereof, multifamily cluster developments shall be designed, and buildings shall be located, according to the criteria established below, wherever possible.

      (1)   Existing natural amenities should be preserved and incorporated into the design, including existing streams, trees and other vegetation.

      (2)   Visual monotony created by excessive block lengths shall be avoided by integrating open space along the roads.

      (3)   Each dwelling unit should be designed to abut common open space areas.

      (4)   The area of land disturbed by development should be minimized by building roads along contours, combining utility cuts, minimizing grading and appropriately siting buildings.

      (5)   Finished lawn areas should be minimized to retain the natural character of the land.

      (6)   Unity in groups of cluster dwellings shall be created through the use of common architectural and design elements, such as color, building mass, roof lines, facade treatments, setbacks, landscaping and related features. However, these same elements shall also be used to prevent complete uniformity in design elements.

      (7)   Cluster units shall be designed with consideration for visual and acoustic privacy, adequate light and air, and the relationship between indoor and outdoor spaces, whether private or common.

      (8)   Each cluster unit should be designed to include a private outdoor space. Private outdoor space shall be located and designed to maximize its utility and privacy to the unit it serves, especially in relation to adjacent units.

      (9)   Visual access shall be provided for drivers backing from garages or driveways into the adjacent street. On corner lots, buildings, landscaping and appurtenances shall be situated and set back to provide unobstructed visual clearance at intersections.

      (10)   In addition to its other uses, landscaping shall also be used to enhance the privacy of each dwelling unit and to lessen the intrusion of appurtenances, such as transformer housings, cable pedestals, condensers, heat pumps, mailboxes and related items. Fire hydrants shall be located to be visually prominent.

   (f)   Common Open Space. The common open space required by paragraph (d)(1)B. hereof shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established below, wherever possible.

      (1)   Common open space shall be exclusive of all streets, non-recreational buildings and individually owned land.

      (2)   Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, pool pavilions or other recreational features.

      (3)   Significant natural features such as tree stands, rock outcroppings, ponds, ravines and stream channels should be left in their natural state and will be considered part of the required open space, subject to these standards.

      (4)   Natural understory vegetation in wooded areas should be preserved. In areas where new landscaping is provided, the establishment of lawn areas should be minimized in favor of the use of mulch, low maintenance meadow grasses and other ground covers. These practices will maintain the natural character of the land as well as reduce environmental impact and long-term maintenance costs associated with lawn areas.

      (5)   Storm water detention areas may be received as full credit towards the open space requirement set forth in paragraph (d)(1)B. hereof if they are designed and improved for an appropriate open space or recreation use (such as a lake or playfield) in addition to storm water detention. Storm water management facilities not specifically designed for recreation shall be excluded from the minimum open space requirement.

(Ord. 93-20. Passed 2-2-93.)

      (6)   The required common open space provided for in paragraph (d)(1)B. hereof, shall be exclusive of the allocation of areas for public use provided for in Section 1246.08.

(Ord. 95-98. Passed 7-18-95.)

   (g)   Vehicular and Pedestrian Circulation.

      (1)   Vehicular circulation shall provide a logical pattern for residents as well as service and emergency vehicles. The street designs should provide adequate maneuvering room for all emergency vehicles.

      (2)   Walking paths are required along main vehicular circulation routes within the development. They are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts. They are also required near preserved natural features.

      (3)   Provisions must be made for public lighting of the circulation pattern of the cluster development. This could include private lampposts in the front yard of each dwelling unit and/or an overall lighting pattern considered common to the development.

   (h)   Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282, except as noted below.

      (1)   Two enclosed parking spaces must be provided in an attached garage, which shall be a minimum size of 400 square feet.

      (2)   Two off-street parking spaces must be provided on the driveway of each dwelling unit.

      (3)   One off-street parking space for every 300 square feet of a recreational "party center" within the cluster development shall be provided.

      (4)   The Planning Commission may require additional parking as deemed necessary.

(Ord. 93-20. Passed 2-2-93.)

   (a)   Purpose and Intent. It is the purpose of this section to obtain a more creative and efficient use of the land and a flexible spacing of lots and buildings that would not otherwise be possible through the strict application of the minimum requirements of the R1-A and R1-B Districts. While maintaining the same overall dwelling unit densities established in the R1-A and R1-B Districts, single-family cluster developments are meant to:

      (1)   Conserve the natural amenities of the landscape, which is in accordance with the goals set forth in the Master Plan;

      (2)   Provide residential areas that are both visually interesting and of high quality;

      (3)   Create a functional circulation system, separating pedestrian and vehicular circulation and providing ease of access for residents, service and emergency equipment; and

      (4)   Provide readily accessible recreation and open space areas.

   (b)   Scope and Review Procedures. (EDITOR'S NOTE: Subsection (b) was repealed by Ordinance 95-215, passed January 16, 1996.)

   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be erected, moved and maintained, in a single-family cluster development in accordance with the following:

      (1)   Main buildings and uses. Detached single-family cluster dwellings.

      (2)   Accessory buildings and uses.

         A.   A development recreational facility;

         B.   Gardens;

         C.   Sectional privacy fences;

         D.   Walls, pools and other recreational facilities on common land; and

         E.   Private garages and off-street parking.

   (d)   Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in a single-family cluster development. The design criteria set forth in this subsection are intended to encourage creativity and variety in the arrangement of residential units, open spaces and landscape features. The detached cluster dwellings may be arranged in various groups to maximize the privacy of each unit. Open spaces are to be integrated within the development and designed in such a way as to provide aesthetic quality, forming a unified appearance of buildings and open space.

      (1)   Minimum development area. A single-family cluster development must have a minimum development area of ten acres. Single-family cluster developments are permitted as a part of a conventional single-family development, provided that the single-family cluster portion is ten acres.

      (2)   Density and open space. The maximum densities allowed in single-family cluster developments are as follows:

         A.   R1-A Areas. The maximum overall project density is 1.9 dwelling units per acre; the maximum density of developed area is six units per acre.

         B.   R1-B Areas. The maximum overall project density is 2.4 dwelling units per acre; the maximum density of developed area is seven units per acre.

       (3)   Required Common Open Space. A minimum fifty percent of the total area of the cluster development shall be set aside as common open space. Common open space shall be further subject to the requirements of subsection (g) hereof. A minimum 100 feet of open space shall be maintained along major arterial roads.

      (4)   Cluster dwelling unit building minimum setback requirements.

         A.   Front yard. Main structure and side entry garages: thirty feet from the edge of paving; front entry garages: forty feet from the edge of paving.

         B.   Rear Yard. Fifty feet development property line, fifty feet between buildings.

         C.   Side Yards.

            1.   The following dimensions are to be maintained between buildings:

               a.   Between two one-story dwellings - ten feet;

               b.   Between a one-story dwelling and a two-story dwelling - twelve feet;

               c.   Between two two-story dwellings - fourteen feet; and

               d.   Between a side wall and rear wall - thirty-five feet.

            2.   The side yard of a single-family cluster dwelling unit shall be fifty feet from the development property line.

         D.   Corner lots. A structure on a corner lot created by two local development streets shall be set back thirty feet from the pavement edge on the side street.

         E.   Driveways. No single-family cluster dwelling units are permitted driveway access to a major arterial street or collector street.

         F.   Yards for accessory uses. Accessory buildings and detached garages commonly associated with R1-A and R1-B Districts are not permissible in a cluster development. An accessory use or building such as a recreational facility, which is part of the cluster development, shall maintain a setback of fifty feet from any development roadway or side or rear property line. Parking for such a facility may be located in the side or rear yard set forth above, but only to the distance of fifty feet off of residential property lines. A recreational facility for a cluster development and its parking shall be at least 150 feet from the boundaries of the development. The Planning Commission may require additional setbacks where, in its judgment, such additional space is necessary for the good of the community surrounding such development.

         G.   Modifications. The Planning Commission may modify the above setback requirements to require greater distances to achieve the objectives stated in subsection (a) hereof.

   (e)   Cluster Unit Criteria. Cluster dwellings shall comply with the minimum floor area requirements for R1-A and R1-B Districts as shown in Section 1270.19.

   (f)   Cluster Development Design Criteria. In addition to the requirements of this section, single-family cluster developments shall be designed and buildings shall be located according to the criteria established in Section 1270.32(e).

   (g)   Common Open Space. The common open space required by paragraph (d)(3) hereof shall be reserved in perpetuity for such use. Open space shall be designed and appropriate instruments shall be created according to the criteria established in subsection (f) hereof. In addition to the requirements of subsection (f) hereof, the following shall also apply:

      (1)   In order to insure that all portions of the open space network are useful for such purpose, no portion of the common open space shall have a dimension of less than fifty feet in order to be counted toward the fifty percent open space requirement. Such requirement is subject to modification by the Planning Commission for smaller sections which are particularly well designed and meet the objectives of this section.

      (2)   Common open space shall be available and accessible to all residents of the single-family cluster development.

   (h)   Disposition of Common Open Space. Cluster developments shall receive approval subject to the submission, prior to final subdivision approval, of legal instruments setting forth a plan or manner of permanent care and maintenance of common open spaces and recreation facilities. Approval by the Law Director of such instruments shall be based on the following standards:

      (1)   The instruments shall guarantee that open space, as shown on the final development plan, shall remain as such.

      (2)   Common open space and recreation facilities shall be deeded to a homeowners' association. Such homeowners' association shall not dispose of any common open space or recreation facility without first offering to dedicate the same to the City. Membership in a homeowners' association shall be mandatory for all property owners within a single-family cluster development.

      (3)   Such instruments shall convey to the City and other appropriate governmental bodies the right of entrance to the common open space and recreational facilities for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public interest. Such government shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied as a lien against the common open space property and each property owner/member of the homeowners' association.

      (4)   When the single-family cluster development is improved in phases, common open space in each phase shall equal the minimum percentage required for the entire development by paragraph (d)(3) hereof. Where common open space is not provided in proportionate amounts for each phase, the Planning Commission may specify an appropriate financial guarantee in the conditional zoning certificate.

   (i)   Park Land and Open Space Dedication. Open space gained through clustering as required by paragraph (d)(3) hereof shall be considered separate from the open space required by Section 1246.08.

   (j)   Improvements. Notwithstanding anything in this Planning and Zoning Code to the contrary, utility improvements in a cluster area, if approved by the Planning Commission and the City Engineer, need not be installed in a dedicated right-of-way. In all instances where such improvements are not installed in a dedicated right-of-way, the developer shall grant temporary and/or permanent easements to the City, providing for access to the utilities by the City or other utility companies.

   (k)   Vehicular and Pedestrian Circulation. Vehicular circulation shall provide a logical pattern for residents as well as for service and emergency vehicles. The street design should provide adequate maneuvering room for all emergency and public safety vehicles.

      (1)   Except as otherwise provided in this chapter, all public improvements shall be designed and constructed according to the requirements of the Subdivision Regulations. All streets in a cluster development may be offered for dedication to the City.

      (2)   Single-family cluster developments are required to provide stub streets where deemed necessary by the Planning Commission in order to create an interconnecting street pattern as required by Section 1246.02.

      (3)   Walking paths are also required to allow pedestrian access to improved recreation areas, such as pools and tennis courts, as well as near or through open space areas.

   (l)   Parking. Parking in a cluster development shall be in accordance with the requirements set forth in Chapter 1282 in addition to items noted below:

      (1)   Two enclosed parking spaces must be provided in an attached garage, which shall be a minimum size of 400 square feet.

      (2)   Two off-street parking spaces must be provided on each dwelling unit's driveway.

      (3)   One off-street parking space for every fifty square feet of a recreational "party center" within the cluster development shall be provided.

      (4)   The Planning Commission may require additional parking as deemed necessary.

(Ord. 95-99. Passed 7-18-95.)