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Underground utilities including telephone and electric systems are required within the limits of all planned unit developments. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Planning Commission finds that such exemption will not violate the intent or character of the proposed planned unit development.
(Ord. 147-2018. Passed 7-2-18.)
Compatible residential and quasi-public uses may be combined in planned unit development districts provided that the proposed location of the uses will not adversely affect adjacent property, and/or the public health, safety and general welfare.
(a) Each dwelling unit shall contain a minimum square footage of 800 square feet exclusive of patios, carports, garages, covered porches, open atriums, lanai, etc.
(b) In areas where townhouses are used, there shall be no more than eight dwelling units in any contiguous group of townhouses.
(Ord. 147-2018. Passed 7-2-18.)
The following minimum and maximum requirements shall be observed:
Table of Permitted Requirements
Lot Area | Density | Height | ||
Land Use | (Minimum SF) | (Units/Acre) | Stories | Feet |
Single-Family | 4,200 | 6 | 2.5 | 35 |
Two-Family | 2,100/family | 10 | 2.5 | 35 |
Garden, Townhouse Apartments | 1,200/family | 16 | 2.5 | 35 |
Multi-Family | 1,200/family | 16 | 6 | 84 |
Quasi-Public | 15,000 | -- | 4 | 56 |
Notwithstanding the provisions of this section, every lot abutting the perimeter of the planned unit development district shall conform to all yard requirements specified in Chapter 1137 for an R-1 District. (Ord. 147-2018. Passed 7-2-18.)
Off-street parking, loading and service areas shall be provided in accordance with Chapter 1184. (Ord. 147-2018. Passed 7-2-18.)
Planned unit development districts shall be approved in accordance with the following procedures:
(a) Pre-application Meeting. The developer shall meet with the Zoning Inspector and Planning Director prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Ordinance and the criteria and standards contained herein, and to familiarize the developer with the comprehensive development plan, major thoroughfare plan, the parks and public open space plan, the Subdivision Regulations, and the drainage, sewer and water systems of the City.
(b) Application Contents; Preliminary Plan Approval. An application for zone change and preliminary plat of a planned unit development shall be filed with the Planning Director by at least one owner or lessee of property for which the planned unit development is proposed. The application shall contain the following information filed in triplicate:
(1) Name, address and phone number of applicant;
(2) Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;
(3) Legal description of property;
(4) Description of existing uses;
(5) Zoning district(s);
(6) A vicinity map at a minimum scale of one inch equals 200 feet, showing property lines, streets, existing and proposed zoning and such other items as the Planning Commission may require to show the relationship of the planned unit development to the comprehensive plan and to existing schools and other community facilities and services;
(7) A preliminary development plan at a minimum scale of one inch equals fifty feet, showing topography at two foot intervals; location and type of residential, commercial and industrial land uses; layout, dimensions and names of existing and proposed streets, rights of way, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas; and such other characteristics as the Planning Commission deems necessary;
(8) Names and addresses of owners of property within 300 feet of the proposed planned unit development;
(9) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years.
The application for preliminary planned unit development shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the planned unit development would be in the public interest and would be consistent with the City's statement of objectives for planned unit developments in Chapter 1144.
(c) Approval in Principle. The Planning Commission and the Site Plan Review Committee shall review the preliminary development plan and zone change request to determine if it is consistent with the intent and purpose of this Zoning Ordinance; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission's approval in principle of the preliminary development plan and the zone change shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility. The Planning Commission may seek assistance in making its recommendation from the Stark County Regional Planning Commission or any other appropriate source.
(d) Zone Change and Preliminary Plan Recommendations. After review by the Site Plan Review Committee, the Planning Commission shall recommend to Council that the zone change request and the preliminary development plan be approved as presented, approved with supplementary conditions or disapproved. Approval or approval with supplementary conditions shall be for a period not to exceed one year to allow for preparation of the final development plan. If the final development plan has not been submitted to the Commission within one year, the zone change shall be void and the land shall revert to its previous zone classification.
(e) Public Hearing by Council. Within thirty days after receipt of the preliminary development plan and the Planning Commission's recommendations, Council shall hold a public hearing.
(f) Notice of Public Hearing. Before holding the public hearing provided in subsection (e) hereof, notice of such hearing shall be given in one or more newspapers of general circulation of the City at least twenty days before the date of the hearing. The notice shall set the time and place of the public hearing and a general description of the planned unit development.
(g) Notice to Property Owners. Before holding public hearing required in subsection (e) hereof, written notice of such hearing shall be sent by the Clerk of Council by first class mail, at least twenty days before the hearing, to all owners of property within 300 feet of the area proposed to be included within the planned unit development district. The failure to deliver the notice, as provided in this section, shall not invalidate any such approval. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (f) hereof.
(h) Action by Council. Within sixty days after receipt of the preliminary plan and zone change recommendations of the Planning Commission, Council shall by ordinance either approve, approve with supplementary conditions or disapprove the application as presented. (Ord. 147-2018. Passed 7-2-18.)
Within one year after Council's approval in principle of the preliminary development plan and the zone change, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan approved in principle. Five copies of the final development plan shall be submitted and may be endorsed by a qualified professional team which should include a licensed architect, registered land surveyor, registered civil engineer and registered landscape architect.
(a) Contents of Application for Approval. An application for approval of the final development plan and subdivision plat shall be filed with the Planning Director by at least one owner or lessee of property for which the planned unit development is proposed. Each plat shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application and plat for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within one year from the date of issuance of the approval. The application shall contain the following information:
(1) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses;
(2) All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity and land use considered suitable for adjacent properties;
(3) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development.
(4) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone and natural gas installations, waste disposal facilities, street improvements and the nature and extent of earth work required for site preparation and development;
(5) Site plan, showing building(s), various functional use areas, circulation and their relationship;
(6) Preliminary building plans including floor plans and exterior elevations;
(7) Landscaping plans;
(8) Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
(b) Recommendation by Planning Commission. After review by the Site Plan Review Committee, the Planning Commission shall recommend to Council that the final development plan and subdivision plat be approved as presented or disapproved. The Commission shall then transmit all papers constituting the record and the recommendations to Council. Before making its recommendation as required in this subsection, the Planning Commission shall find that the facts submitted with the final application establish that:
(1) The proposed development can be initiated within one year of the date of approval;
(2) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect;
(3) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development;
(4) Any proposed quasi-public development can be justified at the locations proposed;
(5) Any deviation from district requirements of other residential districts is warranted by the design and other amenities incorporated in the final development plan, in accord with the planned unit development and the adopted policy of the Planning Commission and Council;
(6) The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development;
(7) The planned unit development is in general conformance with the comprehensive plan of the City;
(8) The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
(c) Action by Council. Within sixty days after receipt of the final recommendations of the Planning Commission, Council shall by ordinance either approve or disapprove the final plat as presented. If the final development plan is approved, Council shall direct the Zoning Inspector to issue zoning permits only in accordance with the approved final development plan.
(d) Expiration and Extension of Approval Period. The approval of a final development plan and subdivision plat for a planned unit development district shall be for a period not to exceed one year. If no construction has begun within one year after Council's approval is granted, the approved final development plan shall be void, and the land shall revert to its previous zone classification. An extension of the time limit may be approved if the Planning Commission finds that such extension is not in conflict with the public interest.
(Ord. 147-2018. Passed 7-2-18.)
Chap. 1145. Purpose - Business and Industrial Zoning Districts.
Chap. 1146. Bulk and Area Requirements - Business
and Industrial Zoning Districts.
Zoning Districts.
Chap. 1148. Special Provisions for Business and Industrial Uses.
Chap. 1149. Accessory Uses.
Chap. 1150. Outdoor Storage.
Chap. 1151. Outdoor Merchandise Display in Business Zones.
Chap. 1152. Drive Thru Windows.
Chap. 1153. Outdoor Café.