The Townhouse District (U-1A) is hereby established for the purpose of protecting property values of residential parcels along major streets impacted by higher density residential development in abutting communities, while serving as a buffer to existing single-family development within the City from development trends in abutting communities. These regulations will allow for flexibility in lot arrangement and building placement in order to provide for alternative single-family housing options within the development. In addition, these regulations are designed to ensure the developments are compatible with surrounding single-family neighborhoods by requiring the submission of development plans and establishing a review process to ensure that all developments are consistent with these regulations.

(Ord. 2002-38. Passed 8-21-02.)

   The following uses shall be permitted in the Townhouse District:

   (a)    Standard single-family detached dwellings in compliance with the U-1 Single-Family District regulations; or

   (b)    Cluster townhouse developments which may include the following uses:

      (1)    Cluster single-family detached dwellings;

      (2)    Attached single-family dwellings with not more than 4 units attached in one building; and

      (3)    Clubhouses, pools, signs, entry features and other accessory structures or uses serving the project.

         (Ord. 2002-38. Passed 8-21-02.)

   The gross area of a tract of land proposed to be developed in the Townhouse District shall be no less than 3 acres. The area proposed shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the proposed development boundaries. The entire tract of land to be developed shall be considered one lot.

   The shape of the development parcel shall be more or less rectangular in form, a triangular lot with acute angles, broken boundaries or other shapes that restrict the use of the parcel for development shal1 be avoided.

(Ord. 2002-38. Passed 8-21-02.)

   (a)    Maximum Density. The maximum density of a proposed development shal1 not exceed 5 dwelling units per acre. The maximum number of dwelling units shall be calculated by multiplying the total project area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the maximum density permitted.

   (b)    Required Open Space. Not more than 50% of the proposed development shall be devoted to buildings and paved surfaces for roads, driveways and parking areas. Any remaining areas of the proposed development shall be landscaped with grass, trees, shrubbery and for other appropriate ground cover or landscaping material in accordance with the landscaping plan in the approved development plan.

(Ord. 2002-38. Passed 8-21-02.)

   (a)    Setback from Existing Public Rights-of-Way. All buildings and structures shall be set back from an existing public right-of-way not less than 50 feet.

   (b)    Setback from Project Boundary. The minimum setback of all buildings and structures from any project boundary, other than a public street, shall be 30 feet.

   (c)    Parking Area Setbacks. The minimum setback of all parking areas from any existing public right-of-way or project boundary shall be 20 feet.

   (d)    Minimum Spacing Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks and patios shall be separated by the minimum spacing requirements set forth below.

      (1)    End Wall to End Wall: 10 feet.

      (2)    End Wal1 to Main Wall: 25 feet.

      (3)    Main Wall to Main Wall 40 feet.

   (e)    Definitions. The following definitions shal1 apply to terms used in subsection (d) above.

      (1)    “Main Wall” means the outside wal1 of a building that contains the primary windows of any living, family or dining room.

      (2)    “End Wall” means the outside walls, other than a main wal1 of a building, which may be blank or contain windows not considered to be primary windows.

   (f)   Lot Requirements. 

       (1)    Dwelling units are not required to be on individual sublots. However, when sublots for single-family cluster or attached dwelling units are included as part of a townhouse development, such sublots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing requirements set forth in subsection (d) above.

      (2)    The applicant shall depict on the development plan the maximum parameters, or building envelopes, to indicate where buildings shal1 be located, and shall demonstrate that such building location wil1 be in compliance with the spacing requirements of this Section.

   (g)    Required Buffer. A buffer area with a minimum width of 20 feet shall be located within the required setback from the project boundary specified in subsection (b) above. The buffer shal1 be landscaped with an acceptably designed wall, fence or planting screen, or some combination thereof, which shal1 be a minimum of six (6) feet in height or as otherwise specified in an approved development plan.

   (h)    Parking. 

       (1)    No less than two (2) parking spaces shall be provided for each dwelling unit. Such spaces shal1 be enclosed within a private garage attached to the dwelling.

      (2)    One guest parking space shal1 also be provided for every two dwelling units in the project. The required guest parking spaces shall not include either the garages, the driveways in front of the garages, or parking on private streets.

   (i)   Access Ways and Private Streets. 

      (1)    Access ways or private streets which serve more than 3 dwelling units shall have a maximum width of twenty-four feet. Access ways serving 3 dwelling units or less shall comply with the regulations for single-family residential driveways.

      (2)    The number and location of access drives from existing public streets to the project shall be established to maximize public safety, adequately manage and maintain traffic flow on existing streets, and be convenient to the residents of the proposed development.

         (Ord. 2002-38. Passed 8-21-02.)

   Each dwelling unit shall comply with the following minimum livable floor area requirements.

    (a)    Townhouse dwellings having only one story with a basement shall have a minimum livable floor area of 1800 square feet exclusive of porches, garages and breezeways and have a basement area of not less than 500 square feet.

   (b)    Townhouse dwellings having only one story and no basement shall have a minimum ground or first-floor area of not less than 1800 square feet of livable space exclusive of porches, garages and breezeways plus the utility room with a minimum area of 150 square feet.

   (c)    Townhouse dwellings having one and one-half or two stories shal1 have a minimum livable floor area of 1900 square feet exclusive of porches, garages and breezeways and have a basement area of not less than 500 square feet or a utility room with a minimum area of 250 square feet. The livable floor area of the first floor shal1 be not less than 1100 square feet.

   (d)    In order to qualify as livable floor area, the side walls shal1 have a minimum height of eight feet on the first floor and seven feet on the second floor and the window area shal1 be a minimum of 10% of the livable floor area.

   (e)    In the case of a dwelling without a basement, a utility room shal1 be provided and shall have a minimum of 150 square feet of floor area This space shall be in addition to the square feet of livable floor area required.

   (f)    Each single townhouse dwelling unit shal1 have at least five rooms and a bath and a half, and shal1 not be less than 28 feet in width, except for protrusions or stairwells or storage areas that extend beyond the main front or rear walls, as approved by the Architectural Board, which may not extend into the minimum required yards and setbacks herein.

      (Ord. 2002-38. Passed 8-21-02.)

   Underground utilities, including telephone and electrical systems are required within the limits of all townhouse developments. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Planning Commission and Council find that such exemption will not violate the intended character of the proposed development.

(Ord. 2002-38. Passed 8-21-02.)

   As part of a proposed development, a homeowners association, community association, condominium association or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas after 75% or more of the units/lots have been purchased. Prior to 75% of the units/lots being purchased, the applicant shal1 be responsible for maintenance, control and insurance of the common areas.

   (a)    The City's Law Director shall determine that, based on documents submitted with the development plan, the association's agreement, 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 a condominium.

      (2)    The Association shall be responsible for maintenance, control, and insurance of common areas.

      (3)    The Association shall have the power to impose assessments on members for the maintenance, control and insurance of common areas, and have the power to place liens against individual properties for failure to pay assessments.

      (4)    The Association shall convey to the City and other appropriate governmental bodies the right to enter any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare and the right, after proper notice, to make improvements and perform maintenance functions and to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant building lots.

         (Ord. 2002-38. Passed 8-21-02.)

   Freestanding identification sign up to 12 square feet in area shall be permitted at the entrance(s) of the development.

(Ord. 2002-38. Passed 8-21-02.)

   Applications for proposed townhouse developments shall be reviewed by the Planning Commission and Council in accordance with the procedures set forth in this Section.

   (a)    Pre-Application Meeting Encouraged. The applicant is encouraged to meet with the Planning Commission and Council prior to submitting an application for general development plan review or final development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Planning and Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.

   (b)    General Development Plan Submission Requirements. An application for general development plan review shall include a plan for the entire area of the proposed project. The general development plan shall indicate the general concept of development for the entire site including the general location of use areas, open space and circulation patterns. The application, including the general development plan and the application fee, shall be submitted to the Inspector of Buildings. The general development plan shall be drawn to an appropriate scale and shall indicate:

      (1)    The location of all existing structures and access points within the proposed development.

      (2)    The general location of existing buildings, parking areas and access drives on parcels within 200 feet of the site of the proposed development.

      (3)    The general location of proposed cluster or attached single-family dwelling units and any proposed recreationa1 facilities within the proposed development.

      (4)    The proposed circulation system of local streets, private streets, access ways, off-street parking areas and major points of access to public rights of way for the proposed development.

      (5)    The general layout of the existing and proposed pedestrian circulation system within the proposed development, including its interrelationship with the vehicular circulation system .

      (6)    A summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and common open space, the proposed density, and the number and size of proposed dwelling units by type.

      (7)    The existing topography, major vegetation features, and wooded areas of the proposed development area.

      (8)    A general landscaping plan indicating:

         A.   The proposed treatment of and materials to be used for common areas of the proposed development area.

         B.    The proposed treatment of the perimeter of the proposed development, including the materials and technique to be used such as screens, fences, and walls.

         C.   Natural features to be conserved in the proposed development.

         D.    A Tree Protection Plan in accordance with Chapter 1494, "Tree Regulations."

      (9)    Illustrations (either elevations, renderings or photographs) and/or a written description of the type and quality of dwelling units anticipated for the proposed development.

      (10)    Other information necessary for the evaluation of the general development plan as deemed necessary by the Planning Commission.

   (c)    Final Development Plan Submission Requirements. The application for final development plan review shall be required for each phase of development. The final development plan shall indicate, among other things, the exact location of buildings, landscaping, parking areas, access drives and signs. The application and the application fee shall be submitted to the Inspector of Buildings. The application shall include the maps, plans, designs and supplementary documents itemized below.

      (1)    An accurate, legal description of the site prepared or certified by a registered surveyor of the State.

      (2)    A property 1ocation map showing existing property lines, easements, utilities and street rights-of-way.

      (3)    A final development plan, prepared by a qualified professional and drawn to an appropriate scale, indicating the following for the proposed development:

         A.    The use, location and height of existing buildings and structures;

         B.    The exact location and parameters within which cluster and attached single-family dwelling units are to be constructed, and the use and location of recreationa1 facilities proposed;

         C.    The 1ocation and configuration of vehicular circulation including all proposed public rights-of-way, private streets and common drives; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;

         D.    The location and configuration of the pedestrian circulation system;

         E .    The dimensions of all proposed building/unit spacing, setbacks, parking areas, drives and walkways;

         F.    The location of proposed and existing structures including fences, walls, signs, and lighting; and

         G.    Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management.

      (4)    Drafts of covenants, grants of easements, or the restrictions proposed to be imposed upon the use or maintenance of land, and the improvements thereon, including those areas which are to be commonly owned and maintained such as open space areas, common drives and sidewalks; any requirements relating to the size, location and type of accessory uses associated with individual units; and proposed easements or grants for public utilities.

      (5)    Architectural plans for the proposed development in accordance with the requirements of the Architectural Board of Review.

      (6)    Topographic maps showing existing grading contours and major vegetation features, wooded areas, and other environmental features.

      (7)    Detailed landscaping plans including the following:

         A.    The description and location of landscape materials proposed for common areas;

         B.    The proposed treatment of the perimeter of the townhouse development, detailing the description and location of landscape materials and screening such as fences and walls within and outside the required buffer areas; and

         C.    Natural features to be conserved or removed.

      (8)    A Tree Protection Plan and other information required by Chapter 1494, "Tree Regulations."

      (9)    Other information necessary for the evaluation of the final development plan as deemed necessary by the Planning Commission.

   (d)    Development Plan Review Procedures. Development plans, both general and final shall be reviewed and distributed according to the following procedures.

      (1)    Review for completeness. Within 30 days after receiving an application, the Inspector of Buildings shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Inspector of Buildings shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Inspector of Buildings shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission's agenda.

      (2)    Distribution of plans. When the Inspector of Buildings determines that the application is complete, the Inspector of Buildings shall forward the application to the appropriate City departments and staff, the Architectural Review Board, the City Engineer and professional consultants, as needed, for review and comment. Any reports, comments, or expert opinions shall be returned to the Inspector of Buildings within 60 days from the date the application is deemed complete.

      (3)    Transmission to the Planning Commission. The Inspector of Buildings shall distribute the application for development plan review and any reports prepared by the individuals in subsection (2) above to the Planning Commission, prior to the time of the Commission's review at their next regularly scheduled meeting.

   (e)    Planning Commission Review Of General Development Plans. The Planning Commission shall review a general development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendations of staff, consultants and the Architectural Review Board when reviewing the application. In order to approve a general development plan, the Planning Commission shall determine that:

      (1)    The appropriate use and value of property within and adjacent to the area will be safeguarded.

      (2)    The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.

      (3)    The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in the Codified Ordinances of Pepper Pike.

   (f)   Planning Commission Review Of Final Development Plans. The Planning Commission shall review a final development plan to determine if such application complies with the review criteria set forth below. The Planning Commission shall take into consideration the comments and recommendation of staff, consultants end the Architectural Review Board when reviewing the application. In order to approve a final development plan, the Planning Commission shall determine that:

      (1)    The plan conforms in all respects to the approved or provisionally approved general development plan and the applicable regulations of the Codified Ordinances of Pepper Pike provided, however, that the Planning Commission may authorize minor changes in the plans as specified in subsection (j).

      (2)    The design of buildings, location of garages and use of exterior materials are compatible with the character and quality of the typical single-family homes currently being approved in Pepper Pike.

(3)    Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.

      (4)    The development will have adequate public services.

      (5)    The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.

      (6)    The landscape plan will adequately:

         A.    Enhance the proposed dwelling units and site;

         B.    Maintain existing trees to the extent possible;

         C.    Buffer adjacent uses; and

         D.    Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.

      (7)    Adequate provision is made for storm drainage within and throughout the site so as to maintain, as far as practicable, usual and normal swells, watercourses and drainage areas, and shall comply with the applicable regulations in this Planning and Zoning Code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.

      (8)    The maximum possible privacy for adjacent residential properties shall be provided through good design and use of the proper building materials and landscaping.

      (9)    Adequate provisions are made in the final covenants and restrictions to be imposed upon the development relating to the following:

         A.    The use and development of accessory structures and uses associated with individual dwelling units; and

         B.    The maintenance of the land, including any common areas, common drives and sidewalks.

   (g)    Request For Additional Information. In their review of an application, the Planning Commission may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.

   (h)    Simultaneous Plat Approval. If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with the Subdivision and Land Development Regulations. General development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission.

   (i)    Action By Planning Commission.

      (1)    For a general or fina1 development plan, the Planning Commission shall either:

         A.    Approve the development plan as submitted; or

         B.    Approve the plan subject to specific conditions not included in the plan as submitted to further protect and improve the proposed and surrounding development; or

         C.    Deny the development plan when the application does not demonstrate that the required standards have been met.

      (2)    If the Planning Commission fails to act within 90 days from the date of the Planning Commission meeting after the development plan submitted to the Planning Commission by the Building Inspector was determined complete, or an extended period as maybe agreed upon, then the applicant may deem the development plan denied.

   (j)   Equivalency Considerations. In reviewing the application, the Planning Commission may find that a final development plan which does not strictly comply with one or more numerical requirements or one of more of the material regulations of this Chapter is equivalent to requirements of this Chapter. The maximum density of Section 1267.04(a) shall not be altered.

      (1)    In making such finding, the Planning Commission may determine that the elements of a final development plan are equivalent to a numerical requirement:

         A.   When the proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of this Chapter;

         B.    When through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and

         C.    When the development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

      (2)    When evaluating the application with respect to this section, the Planning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements of this Chapter, except that the maximum density of Section 1267.04(a) shall not be altered.

   (k)   Review by Council. When the Planning Commission recommends approval of a general or final development plan, the recommendation, along with the application, shall be submitted within 20 days to Council for review.

      (1)    The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission.

      (2)    Council shall act on the application according to the following:

         A.    Council may, by a majority vote, confirm the recommendation of the Planning Commission or modification thereof; or

         B.    Council may, by a majority vote, refer the development plan application back to the Planning Commission for further study and review. Any additional review shall comply with the time frame allotted in subsection (i)(2); or

         C.    Council may, by a majority vote of its membership, approve a modification of the recommendation of the Planning Commission; or

         D.    Council may, by a majority vote of its membership, reject the recommendation of the Planning Commission.

      (3)    Failure of Council to act within 60 days from the date Planning Commission makes a recommendation shall be deemed a rejection of the Planning Commission's recommendation.

   (l)   Significance Of An Approved Plan; Plan Revisions. An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of the Planning Commission and Council. A request for such a transfer or change of ownership shall be presented to the Planning Commission and Council and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan. All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the permit. Any changes in an approved plan shall be resubmitted for approval in accordance with this Chapter.

   (m)    Expiration Of Development Plan Approval. An approved development plan shall remain valid for a period of 12 months following the date of its approval, unless the Planning Commission or Council authorizes a longer period at the time of approval.

      (1)    General development plan. If, at the end of that time, a final development plan has not been submitted to the Inspector of Buildings, then approval of the general development plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with this Chapter.

      (2)    Final development plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and reapproved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.

   (n)    Revisions To Association Documents Approved By Law Director. Whenever a homeowners ' association, community association, condominium association or similar legal entity amends those portions of their recorded instrument, bylaws or code of regulations that pertain to maintenance obligations or access to common areas within a townhouse development, such amendment shall be submitted to the City's Law Director for review and approval. Failure to obtain approval of such amendment shall be deemed a violation of this Chapter.

      (Ord. 2002-38. Passed 8-21-02.)

   Whenever there is a conflict or difference between the provisions of this Chapter and those of other sections of this Planning and Zoning Code, the provisions set forth in chapter prevail.

(Ord. 2002-38. Passed 8-21-02.)