(A) Purpose. The village, recognizing with increased urbanization and population growth comes increased demands for well-organized residential areas which take into account unique natural factors, contemporary land use concepts, and a balanced residential environment, hereby provides for the Planned Residence District. The following regulations are provided for the purpose of promoting the general welfare, encouraging the efficient use of land and resources, promoting greater efficiency in providing public and utility services and encouraging innovation in the planning and building of residential developments.
(B) Application. The provisions of this subchapter shall apply to all lands of the village for parcels greater than five acres. The area of a district must be an integral tract. It cannot be a collection of isolated pieces of land.
(C) Permitted uses. Within the Planned Residence District (PR), the following uses, developed in strict compliance with the approved development plan and standards, shall be permitted:
(1) Single-family or multi-family permanent dwelling be it either detached semidetached, attached, cluster, patio, common wall or any reasonable variation on the same theme.
(2) Non-residential uses of a religious, cultural, educational or recreational nature or character to the extent that they are designed and intended to serve the residents of the Planned Residence District. The facilities may be designed to serve adjoining neighborhoods or residents if they are located in such proximity to the major thoroughfares as to permit access without burdening residential streets.
(D) Prohibited uses.
(1) No use not specifically authorized by the express terms of this subchapter of the shall be permitted.
(2) Outdoor storage of inoperable, unlicensed or unused motor vehicles is prohibited. The vehicles if stored on the premises shall be enclosed within a building so as not to be visible from any adjoining property or public road.
(3) No trailer of any type, no boats, no motor homes and no equipment of any type shall be parked within this district except within an enclosed garage.
(4) No trash, debris, unused property or discarded materials shall be permitted to accumulate on any lot or portion thereof which creates an eyesore, hazard or nuisance to the neighborhood or general public.
(E) Procedure. In addition to any other procedures set out in this chapter, all applications for amendments to the zoning map to rezoning lands to this district shall follow the procedures hereinafter set forth:
(1) Application. The owner or owners of lots within the village may request that the zoning map be amended to include such tracts in the Planned Residence District in accordance with the provisions of this chapter.
(2) Development. Six copies of the development plan shall be submitted with the application, which plan shall include in the text and map form:
(a) The proposed size and location of the Planned Residential District.
(b) The general development character of the tract including the specific limitations or controls to be placed on residential and related uses, with probable lot sizes and other development features including landscaping.
(c) Architectural design criteria for all structures and criteria for proposed signs with proposed control procedures.
(d) The proposed provisions for water, sanitary sewer and surface drainage with engineering feasibility studies or other evidence of reasonableness.
(e) The proposed traffic patterns showing public and private road and other transportation facilities, including their relationship to existing conditions, topographically and otherwise. Any development utilizing a private road and must have a minimum width of 60 feet fronting on a public road.
(f) The relationship of the proposed development to existing and probable uses of surrounding areas during and after the development timetable.
(g) The proposed timetable or schedule for development of the site including street, transportation facilities, building, utilities and other facilities.
(h) If the proposed timetable for development includes developing the land in phases, all phases to be developed after the first, which in no event shall be less than five acres or the whole tract (whichever is smaller), shall be fully described in textural form in a manner calculated to give village officials definitive guidelines for approval of future phases.
(3) Criteria for approval. In approving an application for a Planned Residence District, the reviewing authorities shall determine:
(a) If the proposed development is consistent in all respects with the purpose, intent and applicable standards of this chapter.
(b) If the proposed development is in conformity with this chapter and/or comprehensive plan or portion thereof as it may apply.
(c) If the proposed development advances the general public welfare of the village and the immediate vicinity.
(4) Procedure for rezone. The procedure outlined in R.C. § 713.12 shall be followed to consider an application for a rezone to a Planned Residence District. Approval of the application pursuant to that section shall constitute a rezone of the land in accordance with the applicant's development plan.
(5) Administration of the development plan. Administration of the Development Plan shall be performed by the Village Planning Commission in accordance with the following procedures:
(a) Administrative review; minor deviations. All plats, construction drawings and other necessary documents shall be submitted to the Village Planning Commission or their designated technical advisors for administrative review and approval before filing to insure substantial compliance with the development plan as approved. Minor changes in the location of buildings, structures, streets or parking areas may be approved without public notice by the Village Planning Commission upon submittal of a written application.
(b) Major deviations and public hearing.
1. Any major deviation from the approved development plan shall not be considered by the Village Council until the owner of the property makes a detailed written application to Village Council. The application shall specifically detail the changes requested and the reasons for the change. A major deviation shall include but not be limited to changes in use and/or character of the development, increases of density of more than 10% and increases in number of structures. (Any change in land use not otherwise permitted by this chapter in a Planned Residential District shall require a rezone of the land).
2. Upon receipt of any application for a major deviation from the approved development plan, the village shall forward the application to the Village Planning Commission. The application shall make a written recommendation for the approval, modification, or denial of the application. Upon receipt of the Commission's recommendation, the Council shall hold a public meeting on the application. The public meeting shall be held within ten days of receipt of the Commission's recommendation. Notice of the public meeting shall be published once at least three days before the date of the meeting. Within 20 days of the meeting the Village Council shall either approve or disapprove the landowner's application. The applicant can amend his or her application at anytime prior to the Council's vote.
3. Approval of the application shall require a majority vote of the Council. An applicant can submit subsequent applications for major deviations at anytime provided there is a reasonable and material amendment to the preceding application.
4. The Council shall not conduct the meetings in a quasi-judicial manner wherein the opportunity for hearings and the introduction of evidence is permitted. The decisions of the Council shall be final and not appealable.
(6) Plat required. In the Planned Residential District (PR), no use shall be established or changed and no structure shall be constructed or altered until the required subdivision plat has been prepared and recorded in accordance with subdivision regulations and this chapter. The subdivision plat shall be in accord with the approved development plan and shall include:
(a) Site arrangement, including building setback lines and space to be built upon with the site; water, fire hydrants, sewer, all underground public utility installations, including sanitary sewers, surface drainage and waste disposal facilities; easements, access points to public rights-of-way, parking areas and pedestrian ways; and land reserved for non-highway service use with indication of the nature of the use.
(b) Deed restrictions, covenants, easements and encumbrances to be used to control the use, development and maintenance of the land, the improvements thereon, and the activities of occupants, including those applicable to areas within the tract to be developed for non-residential uses.
(7) Default. If construction of any building has not been commenced within three years after approval of the initial development plan, approval of the plan shall expire, unless an extension of the time limit has been approved by a majority of the Council.
(F) Development standards. In addition to any other provisions of this chapter, the following standards for arrangement and development of lands and buildings are required in the Planned Residence District.
(1) Intensity of use. For purposes of development within the Planned Residence District, the maximum density for development shall be as follows:
Type Dwelling | Maximum Units Per Gross Acre |
Single-dwelling units | 2 |
Multi-family dwelling units | 6 |
(2) Open spaces. Organized open spaces shall be provided as regulated by the applicable subdivision regulations.
(3) Arrangement of structures. The physical relationship of dwelling units and their minimum yard space shall be determined in accordance with the following:
(a) Set back. Single-family dwellings shall have a set back from the right-of-way line of adjacent roads a distance equal to the width of the right-of-way as approved in the plan of development or the existing streets and roads. All other structures within the Planned Residence District shall have a set back from the right-of-way equal to the right-of-way of roads withing the development or the right-of-way of existing roads.
(b) Side yards. A single-family dwelling shall have a side yard of not less than ten feet on each side of the structure. For all other structures within the Planned Residence District the side yard shall be not less than one-sixth of the sum of the height of the structures and length of the wall most nearly parallel to the side lot line but in no case shall the structure be closer than 15 feet to the lot line within the development except as follows:
1. In the event that the walls are solid and without windows, the building shall not be closer than 15 feet to the adjoining structure; and
2. a. In the event the wall has windows the structure shall be not closer than 25 feet to the adjoining structure without regard to lot lines.
b. In no case shall any building be located closer than 15 feet to the outside perimeter line of the planned area.
c. The requirements for side yards herein shall apply to the principal structures but shall not be interpreted as prohibiting designs of single-family structures normally referred to as common wall, cluster, patio or other variations on the same theme.
(c) Rear yards. A rear yard of not less than 25 feet shall be maintained on all parcels within this district.
(d) Building height limits. No building in this district shall exceed 40 feet in height.
(4) Landscaping. All yards, front, side and rear, shall be landscaped and all organized open spaces or non-residential use areas shall be landscaped. The landscape plans shall be submitted with the subdivision plat and shall be subject to approval in the same manner required of the subdivision plat.
(5) Site development. The planned unit development standards provided herein are for zoning purposes only. Any landowner intending to subdivide the property for individual sale and ownership of lots must comply with the applicable subdivision regulations.
(6) Parking. Off-street parking shall be provided, at the time of construction of the dwellings. Each dwelling must be provided with two parking spaces. On-street parking shall not be permitted. Parking for permitted non-residential uses shall comply with the applicable parking regulations of this chapter.
(7) Construction and maintenance of improvements within right-of-way. The construction and maintenance of all improvements behind the curb line or the edge of pavement including but not limited to drainage improvements, landscaping improvements, sidewalks and/or driveway approaches shall be the responsibility of the abutting property owner. Any owner utilizing a private road for access to the public road by the development shall be solely responsible for its construction, maintenance and repair. Any approval by the village to rezone the property to a Planned Residential District shall not constitute acceptance of any road or right-of-way or obligate the village in any way to its construction, maintenance or repair.
(Ord. 87-27, § 270, passed 7-7-1987; Ord. 10-99, passed 5-3-1999)