Can a Housing Development Have Different Setback Requirements for Different Homes?
Full Question:
Answer:
It may be possible to petition for a special use permit or variance. The most common way of providing relief from the provisions of a zoning ordinance is through the granting of a variance. This is an authorization to use land or to operate a business in a way that would otherwise be prohibited by the zoning ordinance. It is also used to give relief from, or permit reduction of, one or more requirements of the ordinance as applied to a particular site.
An appeal is usually made by the completion and filing of an appeal form as required by local procedures, and should include the specific reason for the appeal. The appeal may be brought by a person (the property owner, lessee or option holder) aggrieved by the refusal of the building inspector or designated administrative officer to approve an action, or by a person aggrieved because another person’s proposal was approved, or by a person who has been cited for a violation of the zoning regulations.
I suggest contacting the local zoning board or land use commission, or having a local attorney review all the facts and documents involved.
Please see the following Painesville ordinances:
1131.02 FRONT YARD REQUIREMENTS.
(a) Setbacks shall be as indicated on the Setback maps and shall be filed in the Department of Community Development.
(b) When forty percent (40%) or more of the frontage on one side of the street between two intersecting streets in a residential district is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established, provided however, that a front yard depth shall not be required to exceed fifty percent (50%) of the required front yard depth of the district.
(c) Lots having double frontage shall be required to meet the front yard setback from both streets.
(d) An open, uncovered porch or paved terrace may project into the required front yard for a distance of not more than ten (10) feet. Fixed canopies may project not more than three and one-half feet (3 1/2) into the front yard.
(e) The ordinary projections of sills, belt courses, cornices, chimneys, and ornamental features may extend not more than eighteen inches into the required front yard.
1131.05 MULTI-FAMILY REGULATIONS.
Multi-family developments shall be regulated by the following special provisions:
(a) The minimum lot area for a multi-family development shall be 12,000 sq. ft.
(b) In areas where multi-family abuts single family zoning districts a buffer shall be maintained between the districts. The buffer shall be landscaped in accordance with an approved landscape plan and/or screened through the use of fencing or walls and shall be maintained as open space.
(c) In any multi-family development the maximum permitted lot coverage shall be 55% of the total development area.
(d) In all multi-family developments there shall be a minimum of 10 % of the lot area exclusive of buildings, paved areas or streets which shall be designated as usable open space for the enjoyment of all the residents. Said open space shall be accessible to all residents.
(e) The following minimum design standards shall apply to multi-family developments:
(1) Each private street shall have a minimum right-of-way width of forty (40) feet for street pavement, utilities and other right-of-way requirements.
(2) All access whether by private street or drive shall have a minimum paved width of 22 feet.
(3) In developments of multiple dwellings the following minimum separations between buildings shall apply:
15 feet side to side
40 feet rear to rear
30 feet side to rear
(4) Front setbacks shall be measured from the edge of pavement or back of curb for private streets. A minimum 25 foot front setback shall apply.
(5) The minimum building setback from any property line shall be 20 feet. This requirement shall apply to the main building and all accessory buildings or structures.
1131.06 SPECIAL PROVISIONS FOR CONDOMINIUM DEVELOPMENTS.
(a) Developments that result in condominium form of ownership or individual ownership of lots, shall submit the necessary covenants, restrictions and agreements to the City for review and approval. Such documents upon approval by the City shall be filed with the County Recorders Office.
(b) Separate lots shall not be required for single family or duplex units within condominium projects provided however that the total square footage of lot area required for each type of dwelling unit shall be provided within the boundary of the development.
(c) In lieu of the required setbacks for single family and duplex units in Section 1129 of this Ordinance, the requirements for multi-family developments of section 1131.05 shall apply.
1132.04 CLUSTER REQUIREMENTS.
The following criteria are established to guide and control the planning, development and use of land in a single-family detached and cluster development.
(a) Permitted Uses. The uses permitted shall be those uses normally permitted in the zoning district provided, however, that the following additional uses may be permitted in the cluster portion of the development area.
(1) Attached single-family dwellings.
(2) Common open space.
(b) Minimum Area. The minimum area to qualify for single-family detached and cluster development shall not be less than four (4) contiguous acres.
(c) Maximum Density. The residential density of the entire development area shall not exceed the maximum density of two units per acre in the S-1 District and four units per acre in the R-1 District.
(d) Minimum Square Footage. In any single family detached and/or cluster development, a minimum floor area of 1700 square feet per unit shall be required. The minimum floor area shall be net livable area exclusive of storage rooms, unfinished basements, garages, porches or other common areas.
(e) Maximum Height. A maximum height of any single family detached or attached unit shall be thirty-five feet.
(f) Required Open Space. In any single-family detached and cluster development the total public or common open space area shall be not less than thirty percent (30%) of the gross acreage of the entire development area.
(g) Architectural Style and Review. The architectural style shall not be restricted. The developer shall have the latitude and freedom and is encouraged to provide 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. Evaluation of the appearance of a project shall be based on the quality of the design and its compatibility with its surroundings. The Planning Commission shall review and approve or deny the architectural style of the proposed development as the Design Review Board authorized by Section 1141.07(e).
(h) Lot and Yard Requirements. Lot and yard requirements for the detached single family portion of the development shall be as set forth for single family units in the R-2 Zoning District in Section 1129.01. Lot and yard requirements for the cluster portion of the development shall be as set forth in the approved Development Plan provided, however, that the following minimums shall be maintained:
(1) Front yard. The front setback for each dwelling unit within any cluster area shall be not less than thirty feet from the nearest edge of street pavement.
(2) Building separation. The minimum separation between buildings within a cluster area shall be:
A. Side to side, twenty feet,
B. Side to rear, thirty fees.
C. Rear to rear, forty feet,
(3) Cluster area building spacing. Dwelling units in an approved cluster area shall be set back not less than fifty feet from the side and rear property lines of the cluster area.
(i) 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 Chief.
(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 and the appropriate utility division.
(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 County Recorder or in such other form as is approved by the Director of Law.
(j) Parking. Parking shall be required in accordance with the requirements set forth in Chapter 1137. 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.
(k) Garages. A minimum of one enclosed parking space shall be provided for each unit.
(l) Ownership and Perpetual Maintenance. Proposed ownerships of all recreation, park, common areas and open space areas shall be identified and a perpetual maintenance plan for such areas submitted to the City for review and approval. The plan shall set forth responsibility for maintenance of all such areas and describe the method of financing for such maintenance program. The Perpetual Maintenance Plan shall become part of the Development Plan if approved by the City and shall be placed on record with the County Recorder along with the final site plans and/or subdivision plats for the development.
