Oberlin City Zoning Code
CHAPTER 1344
"CDD" Conservation Development District
1344.01 PURPOSE.
(a) The primary objective of the Conservation Development District is to promote the health and safety of the community through the application of flexible land development techniques in the arrangement and construction of dwelling units and roads that assist in preserving the natural and other features. This District is intended to maximize the conservation of open space while accepting development and retaining for the property owner the development rights (the number of residential dwelling units) that are permitted under the existing residential zoning for the property.
(b) These regulations are intended to achieve these corollary purposes:
(1) To maximize protection of the community's natural resources by avoiding development on and destruction of sensitive natural resource areas
(2) To encourage more efficient use of land and public service delivery
(3) To establish density and restricted open space requirements
(4) To establish area regulations and design standards
(5) To establish a review process for considering development
(6) To implement the direction for future land uses provided in the City's Comprehensive Plan.
(Ord. 05-82AC. Passed 7-5-06.)
(Ord. 05-82AC. Passed 7-5-06.)
1344.02 PERMITTED USES.
(a) A building or premise shall only be used for the following purposes:
(1) Detached single-family dwelling.
(2) Attached single-family dwelling.
(3) Restricted open space uses.
(b) Conditionally permitted uses if approved by the Oberlin Planning Commission including:
(2) Recreational facilities.
(3) Group homes.
(4) Home occupation uses.
(Ord. 05-82AC. Passed 7-5-06; Ord. 21-69AC CMS. Passed 12-6-21.)
1344.03 PERMITTED DENSITY/RESTRICTED OPEN SPACE.
(a) Permitted Density. Conservation development is intended to be density neutral. In other words, the maximum overall density of a project shall not exceed that permitted in the "R-1A" Single Family Dwelling District.
(1) The maximum density of dwelling units shall be calculated as net density per the following:
A. Deducting the following from the total project area:
1. Any public right-of-way within the project boundary existing at the time the development plan is submitted; and
2. The area of land within a floodway, delineated wetland, or existing waterbody that exceeds the minimum acreage required for restricted open space. Where floodways and wetlands overlap, they shall be counted only once.
B. Multiplying the result of subsection (a)(1)A. hereof by the maximum density permitted per acre as set forth in this Section above.
(b) Restricted Open Space.
(1) Minimum Requirements. The minimum area of "restricted open space" shall be forty (40) percent of the total project area.
A. Restricted open space shall be designed and located to conserve significant natural features and historical and cultural elements located on the site.
B. Areas designated for restricted open space purposes may include the following:
1. Preserved in its natural state,
2. Designed and intended for the use and/or enjoyment of residents of the proposed development,
3. Utilized for farming when authorized in a conservation easement or in the Association's covenants and restrictions, and a Conditional Use Permit is granted for the same.
C. Open space should be designed so that it can be interconnected within the development and connected externally to open space in adjacent areas outside of the project whenever feasible to do so.
D. Sewage service, stormwater management, and/or water supply facilities may be located partially or entirely within restricted open space areas.
E. In order to encourage the creation of large areas of contiguous open space, areas that shall not be considered restricted open space include:
1. Private roads and public road rights-of-way;
2. Parking area, accessways and driveways;
3. Required setbacks between the buildings, parking areas and project boundaries;
4. Required setbacks between buildings and streets;
5. Minimum spacing between buildings, and between buildings and parking areas;
6. Private yards; and
7. A minimum of 15 feet between buildings and restricted open space.
F. Any restricted open space intended to be devoted to recreational activities will be of a usable size and shape for the intended purposes. The maximum percentage of the total project area that may be developed for active recreation areas, including a homeowners' association community center, shall be ten percent (10%).
G. Any area within the restricted open space that is disturbed during construction or otherwise not preserved in its natural state, other common areas such as required setback areas, and both sides of new streets shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
H. The restricted open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(2) Prohibition of Further Subdivision of Restricted Open Space. Restricted open space in a conservation development shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Law Director and duly recorded in the office of the Recorder of Deeds of Lorain County.
(3) Ownership of Restricted Open Space. Subject to such permanent restrictions as set forth above, restricted open space in a conservation development may be owned by an association; a land trust or other conservation organization recognized by the City; or by a similar entity; remain in private ownership or by the City.
A. Offer of dedication. The City may, but shall not be required to, accept dedication in the form of fee simple ownership of the restricted open space.
B. Associations. Restricted open space may be held by the individual members of a Condominium Association as tenants-in-common or may be held in common ownership by a Homeowners' Association, Community Association, or other similar legal entity. The Law Director shall determine that, based on documents submitted with the development plan, the association's bylaws or code of regulations specify the following requirements:
1. Membership in the Association shall be mandatory for all purchasers of lots in the development or units in the condominium.
2. The Association shall be responsible for maintenance, control, and insurance of common areas, including the required open space.
C. Transfer of Conservation Easements. With the permission of the Planning Commission the owner(s) of the restricted open space may, in accordance with the provisions of Ohio R.C. 5301.67-70, grant a conservation easement to any of the entities listed in Ohio R.C. 5301.68, provided that:
1. The entity is acceptable to the Commission;
2. The provisions of the conservation easement are acceptable to the Commission; and
3. The conveyance contains appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under Ohio R.C. 5301.68 in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
D. Private Ownership of Restricted Open Space. Restricted open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for restricted open space herein.
(Ord. 05-82AC. Passed 7-5-06.)
(Ord. 05-82AC. Passed 7-5-06.)
1344.04 AREA REGULATIONS.
(a) Front Yard. There shall be a front yard of not less than sixty (60) feet from the centerline of the any public or private street.
(b) Side Yards. There shall be a side yard on each side of a building closest to a lot line of not less than fifteen (15) feet.
(c) Rear Yards. There shall be a minimum rear yard from a principal building of fifty (50) feet, and fifteen (15) feet for any accessory structure.
(d) Separation Distance Between Units. For detached units, there shall be a minimum separation distance of twenty-five (25) feet between dwellings. For attached units, there shall be a minimum separation distance of thirty-five (35) feet between clusters of two or more units.
(e) Height. No building shall exceed two and one-half stories, nor shall it exceed thirty-vide (35) feet in height.
(f) Residential Floor Area. There shall be a minimum ground floor area for any residential unit of 1,000 square feet.
(Ord. 05-82AC. Passed 7-5-06.)
(Ord. 05-82AC. Passed 7-5-06.)
1344.05 DESIGN STANDARDS.
(a) Lots/Circulation Systems. Buildings, structures, pavement, streets, etc. shall be located in compliance with the following site plan/development standards:
(1) Ownership. Any ownership arrangement, including, but not limited to, fee simple lots and condominiums, is permitted in a conservation development. Regardless of the ownership of the land, the arrangement of the dwelling units shall comply with the spacing requirements of this section.
(2) Lot Requirements.
A. Units are not required to be on lots. However, when lots for standard detached single-family dwellings or sublots for single-family cluster or attached dwelling units are included as part of a conservation development project, such lots or sublots shall be of sufficient size and shape to accommodate dwellings in compliance with the spacing requirements of this Chapter.
B. The applicant shall depict on the development plan the maximum parameters, or building envelopes, to indicate where buildings shall be located, and shall demonstrate that such building locations will be in compliance with the spacing requirements of this Chapter.
C. Conservation and Riparian Zones:
1. A riparian buffer of 50 feet on both sides shall be provided along the length of any perennial stream channel as designated by Lorain County Soil and Water Conservation District.
2. Walkways may be permitted to be located within riparian buffers when the Planning Commission determines that such will create minimum change to the riparian buffer.
(3) General Street Design Criteria.
A. Street alignments should follow natural contours and be designed to conserve natural features.
B. Locations of streets should be planned to avoid excessive stormwater runoff and the need for storm sewers.
C. The area of the project devoted to street and related pavement should be the minimum necessary to provide adequate and safe movement through the development.
(4) Pedestrian Circulation Systems.
A. A pedestrian circulation system shall be included in the design of a conservation development project and shall be designed to ensure that pedestrians can walk safely and easily throughout the development. The pedestrian system shall provide connections between properties and activities or special features within the restricted open space system and need not always be located along streets.
B. Trails for which public right of passage has been established should be incorporated in the pedestrian system.
C. Pedestrian circulation systems shall include connections to abutting properties as required by the Planning Commission.
(b) Other Design Criteria. In addition to the standards contained in Section 1344.05, all elements of a conservation development shall be designed in accordance with the following criteria to ensure that the site's natural, historic and cultural features are appropriately addressed.
(1) Conservation of Sloping Land. The road system and buildings should be located to minimize changes to the topography and the need for cutting and filling.
(2) Conservation of Woodlands, Vegetation and other Natural Areas. The design and layout of the development should conserve, maintain, and incorporate existing wooded areas, meadows, and hedgerows and treelines between fields or meadows, especially those containing significant wildlife habitats.
(3) Conservation of Wildlife Habitats. Efforts should be made to protect wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Environmental Protection Agency and/or by the Ohio Department of Natural Resources.
(4) Conservation of Prime Farmland. Efforts should be made to protect farmland that satisfies the USDA definition of "prime" or "locally unique" farmland.
(5) Conservation of Existing Scenic Vistas and Visual Quality of the Environment. Buildings should be located to ensure that scenic views and vistas are unblocked or uninterrupted.
(6) Conservation of Cultural Resources. Sites of historic, archaeological, or cultural value and their environs should be protected insofar as needed to safeguard the character of the feature, including landmark buildings, stonewalls, spring houses, barn foundations, underground fruit cellars, earth mounds and burial grounds.
(7) Floodplains. There shall be no construction in the Floodplain except as allowed in Chapter 1191: Flood Damage Prevention of the Codified Ordinances.
(8) Wetlands. Wetlands that are required to be retained by the Army Corps of Engineers or the Ohio EPA shall be protected by the following:
A. A buffer area having a width no less than 50 feet, measured from the edge of the delineated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state; and
B. A minimum building and pavement setback of 70 feet, measured from the edge of the designated wetland, shall be provided.
(Ord. 05-82AC. Passed 7-5-06.)
(Ord. 05-82AC. Passed 7-5-06.)
1344.06 DEVELOPMENT PLAN REVIEW PROCEDURES.
(b) The Planning Commission shall forward applications submitted under this Chapter to the Open Space Commission for review and recommendations on the same. The Open Space Commission shall review such applications within thirty (30) days from the date that the Planning Commission refers the application. The Planning Commission may either extend the time limits stated above or may proceed to take action without such recommendation.
(Ord. 05-82AC. Passed 7-5-06.)
(Ord. 05-82AC. Passed 7-5-06.)