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Strongsville City Zoning Code

CHAPTER 1253

Single-Family Detached and Cluster Development R1-75 and R1-100 Districts

1253.01 INTENT.

   In order to encourage greater attractiveness, flexibility and utilization of space to obtain a more desirable environment than may be possible through the strict application of minimum requirements of the R1-75 and R1-100 Districts, contiguous one-family dwellings may be clustered in accordance with the regulations of this section on land zoned in a R1-75 and R1-100 District to permit the flexible spacing of lots and buildings in order encourage:
   (a)   The creation of functional and interesting residential areas;
   (b)   The provision of readily accessible recreation areas and open spaces;
   (c)   The conservation of the natural amenities of the landscape; and
   (d)   The separation of pedestrian and vehicular circulation.
      (Ord. 2012-085. Passed 9-17-12.)

1253.02 DEFINITIONS.

   (a)   The terms "detached single-family unit", "detached single-family dwelling", and "detached single-family portion of the development area" as used in this Chapter refer to that part of the development area designed and intended for the construction of single-family dwelling units to be located upon separate individual lots.
   (b)   The terms "cluster area", "cluster use", "cluster dwelling", and "cluster portion of the development area" as used in this Chapter refer to that part of the development area designed and intended for the construction of single-family dwelling units in a unified and harmonious arrangement as reflected on a plan indicating all dwelling units within a specific portion of the development area.
(Ord. 2012-085. Passed 9-17-12.)

1253.03 APPLICATION AND SCOPE.

   The provisions of this Chapter shall apply whenever an owner or developer elects to submit plans in accordance with its provisions and whenever the Planning Commission finds and determines that the application of the planning standards and regulations of this Chapter are required in order to:
   (a)   To preserve and protect natural features and environmental conditions of a land area proposed to be developed;
   (b)   To meet the open space and recreational needs of the future residents;
   (c)   To provide for the safety of those utilizing pedestrian and vehicular circulation routes in and near a land area proposed to be developed through the separation of pedestrian circulation from vehicular circulation routes which for any reason present an above average risk to pedestrian traffic; and
   (d)   To assure an arrangement and placement of improvements and/or dwelling units on the land which will be functional and serviceable in all respects; and the Planning Commission further finds and determines that the application of the planning standards and regulations of this Chapter will not significantly impact the use of the land area proposed to be developed when considered as a whole for the purposes and to the extent permitted under this Zoning Code.
      (Ord. 2012-085. Passed 9-17-12.)

1253.04 PRELIMINARY DEVELOPMENT PLAN.

   An owner or developer shall submit to the Planning Commission a preliminary development plan of a single-family detached and cluster development by filing fourteen copies thereof with the Commission. The preliminary plan shall include:
   (a)   Topography, at two-foot contour intervals, of the proposed development area, including property lines, easements, street rights of way and structures, trees and landscape features existing thereon, together with a certificate, by a registered engineer or surveyor, of the gross area of the development in acres and square feet;
   (b)   The proposed vehicular and pedestrian traffic patterns, including the proposed location of public and private streets and the location of off-street parking and service areas;
   (c)   The proposed assignment of use, including detached single family lots and single family cluster areas, and subdivisions 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;
   (d)   The proposed forms of covenants running with the land, deed restrictions (including those with respect to the use of the common land), restrictions or easements proposed to be recorded and covenants proposed for maintenance, homeowners association bylaws; and
   (e)   Such other relevant information as the Commission may require.
      (Ord. 2012-085. Passed 9-17-12.)

1253.05 PRELIMINARY DEVELOPMENT PLAN; REFERRAL FOR REVIEW AND REPORT.

   (a)   The Commission shall transmit a copy of the preliminary plan to the City Engineer, the Fire Prevention Officer and City Planner for their review, report and recommendation.
   (b)   A copy of all covenants, restrictions and easements to be recorded and covenants for maintenance of common areas shall be submitted to the Law Director for his review and recommendation.
(Ord. 2012-085. Passed 9-17-12.)

1253.06 PRELIMINARY DEVELOPMENT PLAN; COMMISSION ACTION.

   The Commission shall evaluate the preliminary plan and reports 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 single-family detached and cluster development, or a finding of any failure of such compliance and shall act to approve, disapprove or modify such preliminary plan.
(Ord. 2012-085. Passed 9-17-12.)

1253.07 FINAL SUBDIVISION PLAN.

   The developer of any parcel of land for which a preliminary development plan has been approved by the Commission may prepare and submit a final subdivision plan of the single-family detached and cluster development. The final subdivision plan shall contain and be accompanied by the following:
   (a)   A plat of the development area showing the street right of way, subdivided and common land, areas reserved for single-family cluster use, and easements, in accordance with the requirements of the Subdivision Regulations, which shall be in form for recording;
   (b)   Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, grading 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 other applicable laws and regulations;
   (c)   A detailed landscape plan showing all existing site features to remain, recreation facilities and the landscape treatment of all common open space areas within the development area; and
   (d)   The final form of covenants running with the land, deed restrictions (including the use of common land), covenants, restrictions or easements to be recorded, declaration of covenants, restrictions of a homeowners association and its articles of incorporation, declaration of condominium ownership and other covenants, if any, for maintenance.
      (Ord. 2012-085. Passed 9-17-12.)

1253.08 FINAL SUBDIVISION PLAN; COMMISSION ACTION.

   (a)   If the Commission finds that the final subdivision plan of the single-family detached and cluster development is in substantial compliance with and represents a detailed expansion of the approved preliminary plan, that it complies with all of the conditions which may have been imposed in the approval of such preliminary plan, that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed, that all fees have been provided and all payments made, and that the applicable provisions of the Subdivision Regulations have been complied with and certified by the City Engineer, the Commission shall then approve such final subdivision plan of single-family detached and cluster development.
   (b)   Following approval of the final subdivision plan by the Planning Commission, it shall be referred to Council for its review and approval in accordance with the Subdivision Regulations.
(Ord. 2012-085. Passed 9-17-12.)

1253.09 CLUSTER AREA DESIGN AND APPROVAL.

   (a)   The developer of any parcel of land previously approved for cluster single-family use in a single-family detached and cluster development shall prepare a detailed site plan of the cluster area proposed for development.
   The site plan of each cluster single-family area shall include the following:
      (1)   The number, location, arrangement and architectural design of all dwelling units;
      (2)   The building envelope within which all cluster units will be placed in compliance with the building setbacks and spacing requirements of this Chapter;
      (3)   The proposed use of all private and common land;
      (4)   The location and arrangement of all dedicated and private vehicular and pedestrian access ways;
      (5)   The number and arrangement of all open parking and service areas;
      (6)   The location of all utilities; and
      (7)   The landscape treatment for the dwelling units and open spaces within the cluster area.
   (b)   The cluster site plan shall be transmitted to the City Engineer, Fire Prevention Officer, City Planner and Architectural Review Board for their review, report and recommendation.
   (c)   A copy of all covenants, restrictions and easements to be recorded and covenants for maintenance of common areas shall be submitted to the Law Director for his approval.
   (d)   The Commission shall evaluate the reports of the Engineer, Fire Prevention Officer, City Planner, Law Director and Architectural Review Board and shall act to approve, disapprove or modify the cluster area site plan.
(Ord. 2012-085. Passed 9-17-12.)

1253.10 PERMITTED BUILDINGS AND USES.

   Buildings and land shall be used and buildings shall be erected, altered, moved and maintained in a single-family detached and cluster development only in accordance with the following:
   (a)   Main Buildings and Uses.
      (1)   One-family detached and cluster dwellings; and
      (2)   Common open space, recreation areas and public facilities.
   (b)   Accessory Buildings and Uses.
      (1)   A private garage attached to or located in a one-family dwelling; open parking areas;
      (2)   Gardens, fences, walls, pools and other recreation facilities on private and common land; and
      (3)    Wireless telecommunication facilities may be permitted along certain interstate highways provided a conditional use permit is granted in accordance with the standards set forth in C.O. Section 1242.07 and in accordance with the provisions of C.O. Chapter 1273 .
         (Ord. 2012-085. Passed 9-17-12.)

1253.11 LAND PLANNING CRITERIA.

   The following planning criteria are established to guide and control the planning, development and use of land in a single-family detached and cluster development.
   (a)   Area and Density Regulations.
      (1)   Development area. The minimum area to qualify for single-family detached and cluster development shall be not less than twenty-five contiguous acres. The Commission may, however, allow areas of less than twenty-five acres if it finds and determines that the single-family detached and cluster development as proposed can adequately meet the intent of this Chapter.
      (2)   Development area density. The residential density of the entire development area shall not exceed 2.60 dwelling units per acre on land zoned R1-75 and 2.0 dwelling units per acre on land zoned R1-100.
      (3)   Required open space. In any single family detached and cluster development, the total public or common open space area shall be not less than twenty percent (20%) of the gross acreage of the entire development area.
   (b)   Building Arrangement and Dwelling Unit Size. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features. The dwellings may be arranged in various groups, courts, sequences or clusters with open spaces organized and related to the dwellings so as to provide privacy and to form a unified composition of buildings and space. Although latitude in design is provided and encouraged, the following design conditions shall be met:
      (1)   Single family attached dwellings. Not more than four single-family dwellings may be attached in any group.
      (2)   Distribution of cluster single-family dwellings. Not more than thirty-five percent (35%) of the total allowable dwelling units within any single family detached and cluster development may be allocated to cluster dwellings.
      (3)   Cluster area building spacing. Dwelling units in an approved cluster area shall be set back not less than fifteen feet from any common open space area controlled by the overall homeowner's association and thirty-five feet from a detached single family side and rear property line. The minimum side separation of adjacent dwelling units shall be ten feet. The minimum rear yard spacing or separation of adjacent units shall be not less than fifty feet. The Commission may, however, allow lesser distances if it determines that the intent of these regulations will be met.
      (4)   Dwelling unit size. The minimum area of any single-family dwelling shall be not less than that established in Section 1252.22 .
   (c)    Yard and Height Regulations.
      (1)   Lot area. The minimum lot area for each dwelling unit in the detached single-family portion of the development area shall be not less than 12,750 square feet on land zoned R1-75 and 17,000 square feet on land zoned R1-100.
      (2)   Lot width. Dwelling units in the detached single-family portion of the development area shall have a minimum lot width of seventy-five feet measured at the building line on land zoned R1-75 and 100 feet on land zoned R1-100. In the detached single-family portion of the development area, corner lots shall have a minimum lot width of not less than ninety feet and 100 feet respectively on land zoned R1-75 and R1-100.
      (3)   Front yard depth. The front yard depth for each dwelling unit in the detached single-family portion of the development area shall comply with Section 1252.05 . The front yard depth for each dwelling unit within any cluster single-family portion of the development area shall be no less than twenty feet measured from the nearest edge of street or sidewalk pavement.
      (4)   Side yard and building spacing. In the detached single family portion of the development area, side yard width and separation between adjacent dwellings shall be as follows:
Each dwelling shall have a minimum side yard depth of not less than ten feet and the minimum separation between adjacent dwellings shall not be less than twenty feet.
      (5)   Rear yard. The rear yard depth for dwellings in the detached single-family portion of the development area shall not be less than fifty feet.
      (6)   Yards for accessory buildings and uses. Yards for accessory buildings and uses shall be in accordance with the provisions of Section 1252.15 .
      (7)   Height. The height of any single-family dwelling at the front facade shall not exceed two stories.
   (d)   Access and Vehicular Circulation. Each cluster area of single-family dwelling units shall be served by a dedicated street. However, individual dwelling units within such cluster need not so abut provided that:
      (1)   Each dwelling unit is accessible by means of a private drive, to service and emergency vehicles in a manner acceptable to the City Engineer and Fire Prevention Officer.
      (2)   Construction methods, standards and materials for private drives meet accepted engineering practice and are approved by the City Engineer.
      (3)   The location, design and construction of all utilities on private or common land is approved by the City Engineer.
      (4)   The preservation and maintenance of all private drives and utilities on private land is assured by firm commitment of the abutting owners through documents recorded in the office of the Cuyahoga County Recorder or in such other form as is approved by the Director of Law. Each dwelling unit in the detached single-family portion of the development area shall abut upon a dedicated street.
   (e)   Parking. Parking in a single-family detached and cluster development shall be in accordance with the requirements set forth in Chapter 1270 . Two enclosed parking spaces shall be provided for each dwelling unit in a single-family detached and cluster development outside the street right of way or private drive.
Additional guest off-street parking areas may be required by the Commission if it determines that such additional parking is necessary to adequately serve the needs of the cluster area.
      (Ord. 2014-172. Passed 12-1-14.)

1253.12 CLUSTER AREA IMPROVEMENTS.

   (a)   The developer of a cluster area shall submit to the City Engineer for his approval, the detailed design of all improvements of a cluster area, to include the pavement, storm sewers, sanitary sewers, water mains, sidewalks and gas, electric, telephone, cable, or other utility lines. This submission shall conform to the requirements of the City Engineer and Council for plans and specifications with respect to the construction and material standards for all pavement and utility installations within the City.
   (b)   Utility improvements in a cluster area, if approved by the Planning Commission and 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 and the operation and maintenance of such utilities are to be performed by the City or other public utility, the owner shall grant permanent easements to the City and/or the appropriate public utility, in a form satisfactory to the Law Department and City Engineer, providing for access to the utilities by the City and/or other utility companies.
   (c)   All streets in the single-family detached portion of a development area must be offered for the dedication to the City. The Planning Commission may, however permit rights of way and pavement dimensions of less than the minimum requirements set forth in the City's Subdivision Regulations, if approved by the City Engineer and Council. The procedures and requirements for the dedication of streets in a single-family detached and cluster development shall meet all other standards set forth in the Subdivision Regulations.
(Ord. 2012-085. Passed 9-17-12.)

1253.13 ANNEXATION TO SINGLE FAMILY DETACHED AND CLUSTER DEVELOPMENT AREAS.

   (a)   With Planning Commission approval, the area of an existing Single Family Detached and Cluster Development may be revised to include and annex adjacent land into such Development Area. In such case, if the land to be annexed includes cluster development, then all the requirements of this Chapter shall be applicable to the annexed land in conjunction with the overall Development Area. If the land to be annexed does not include cluster development but rather is developed for conventional R1-100 or R1-75 single family development, then the developer, with the approval of the Planning Commission, may choose to develop the annexed area:
      (1)   Pursuant to all of the requirements of this Chapter; or
      (2)   Pursuant to the requirements of Section 1252.05 to the extent that they conflict with the requirements of this Chapter; however, in this case, only, there shall be no common open space requirement for the land being annexed.
   (b)   In all cases of land being annexed to an existing Single Family Detached and Cluster Development area, the developer shall submit with the application for Planning Commission approval of such Development Area Plan the proposed covenants and restrictions associated with the Development Area Plan therefore showing the amendments and modifications required to include the land being annexed, and, upon such approval, shall be filed for record in the offices of the Cuyahoga County Recorder.
(Ord. 2012-085. Passed 9-17-12.)