(a) Project Ownership. The planned development area shall be under contract for purchase by a single entity or owned by a single entity at the time of application. For the purposes of this chapter a single entity includes the following: an individual, a husband and wife; corporation; partnership; or two or more property owners enjoined as a single entity.
(b) Minimum Lot Requirements. The minimum lot requirements of a parcel that can be zoned under the Planned Districts are the following:
DEVELOPMENT STANDARD | PRD | PCD | PID | PUD | PCND |
Minimum lot area (acres) | 5 | None | 10 | 20 | 10 |
Minimum lot width (feet) at building line | 350 | 350 | 500 | 750 | 350 |
Minimum frontage (feet) | 250 | 250 | 400 | 600 | 250 |
Maximum coverage | N/A | 45% | 50% | N/A | N/A |
Maximum building height (feet) | 35 | 40 | 40 | 40 | 35 |
(1) For each use the lot and building requirements of the appropriate district other than the planned district shall apply unless superseded herein.
(2) Parking areas shall be no closer to the main structure(s) than ten feet.
(3) Under PRD and PUD individual home sites or clusters thereof must be designated under one of the municipality's residential zoning districts. At the time of the application, the municipality has the ability to negotiate development standards.
(4) Under PRD, PUD, and PCND adjacent residential homes shall not have identical facades relative to style and color, and all residential building front yard setbacks shall meet the applicable district requirement and be staggered.
(5) Under PCND, there are no minimum yard requirements for residential units. Other permitted uses shall have front, side, and rear yards each of which is at least 50 feet. No building shall be located closer than 50 feet to any residential district boundary line. Buildings within developments adjacent to major thoroughfares and arterial streets shall be setback no less than 150 feet from the centerline of said major thoroughfare or arterial street.
(c) Site Development Standards. The following site development standards shall apply in the planned districts:
(1) The applicable sections of the Subdivision Regulations and the off-street parking, sign and landscaping regulations of this Zoning Code shall apply.
(2) The traffic and parking system shall meet the requirements relative to access as indicated in Chapter 1185. Access points shall be kept to a minimum to reduce traffic congestion and mitigate potential conflict points. Vehicular and pedestrian conflict points shall also be minimized.
(3) Under PCD and PUD, where applicable, the parking system shall be so designed as to discourage single large unbroken paved lots for off-street parking and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas. Parking aisles, whenever possible, shall be oriented perpendicular to the building fronts.
(4) The maximum PRD and PUD density shall be four dwelling units per acre based upon the number of units proposed divided by the net developable site.
(5) The maximum PCND density shall be four dwelling units per acre based upon the number of units proposed divided by the gross developable site (including open space).
(6) Under PRD and PUD a minimum of 20% of the gross site minus publicly dedicated streets and alleys shall be set aside as public open space. Such open space shall be used for such public purposes as a natural area, recreational area, or the site of a community or school facility.
(7) Under PCND no less than 50% of the total gross area of the site shall be set aside as common open space. Open space land may, at the discretion of the municipality, be dedicated as public park land or public institutional use; or placed within other protected land classification systems which will assure that such land will remain in a natural state prohibiting further development, and the establishment of appropriate standards safeguarding the sites special assets as identified by Council.
A. The location, shape, size and character of common open space shall be suitable for the Planned Conservation Development in relation to the location, number and types of buildings it is intended to serve. In any case, it shall be highly accessible to all residents or users of the planned development. Entry features, detention and retention basins shall not be included in the area required for common open space.
B. The common open space shall be used for amenity or recreational purposes. Any uses and/or buildings authorized for the common open space must be appropriate to the scale and character of the planned development in relation to its size, density, expected population, topography, and the type of dwellings.
C. The common open space may be suitably improved for its intended use, but common open space containing natural features worthy of preservation such as slopes over 12% and wooded areas shall be left unimproved. The buildings, structures, and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.
(8) Under PCD and PUD where applicable all service and delivery shall be made to the rear of the structure(s) or use unless special design treatment or circumstances warrant an alternative, but only with the approval of Council. Landscaping and screening requirements of Chapter 1191 shall apply.
(9) Under PRD, PUD and PCND the location and arrangement of areas of various density shall be so designed as to balance higher density areas adjacent to open space.
(10) Under PRD, PUD, and PCND private roads as a common easement may be used to provide access to clustered lots and/or structures serving residential uses in accordance with the following:
A. The easement shall not be counted as required open space.
B. The easement does not serve an area larger than two acres, except that such area will contain six dwellings or less.
C. Approved as a part of the Subdivision Plat as the most appropriate form of access to the lots and/or structures.
(11) Under PRD, PUD and PCND off-street parking shall be provided in accordance with Chapter 1185, except residential parking may be provided in group garages or parking lots within 150 feet of the dwellings served.
(12) Under PCD, PID, PUD, and PCND where appropriate whenever multiple structures are to be located on the site and the site abuts a collector or arterial street, access onto the collector or arterial shall be via interior local streets or marginal access (frontage) roads. All uses within the PCD, PID, PUD, and PCND shall derive their access from the interior streets in the district, unless specific exemptions are made as a part of the approved Development Plan.
(13) Drainage and runoff from the proposed development shall not cause property damage. All drainage improvements shall be designed in conformance with the requirements of the Municipal Subdivision Regulations and shall be approved by the Municipal Engineer prior to Development Plan approval.
(14) Details regarding sanitary sewage collection and disposal and water supply techniques to be utilized shall be addressed in the Development Plan, together with letters of approval from the pertinent local, state and, if applicable, private agencies, and approved by the Municipal Engineer prior to Development Plan approval.
(15) Under PCD, PUD, and PCND no unscreened outside storage shall be permitted and no rubbish or debris of any kind shall be placed or permitted to accumulate on any portion of the parcel or lot so as to render any portion of the property unsanitary, unsightly or detrimental to the public health, safety or welfare.
(16) All utilities shall be placed underground and all utility boxes shall be screened.
(17) Public nuisance regulations under § 1181.03 shall apply.
(d) Conflict With Other Chapters. Because of the special characteristics of Planned Conservation Developments (PCND), special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of Chapter 1141 and those of the other chapters of this Zoning Code, the more restrictive provisions shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Code.
(e) Relationship to the Subdivision Regulations. The uniqueness of each proposal for a Planned Conservation Development (PCND) may require that there be modification from the specifications established in the Subdivision Regulations of Commercial Point, Ohio. Modifications may be incorporated into the plan by the developer only after the review of the Planning and Zoning Administrator.
(f) Utilities. The following regulations apply to the provision of utilities in planned conservation developments.
(1) Planned Conservation Developments (PCND) shall have an adequate source of potable water. All water lines constructed within a planned conservation development shall be at the financial responsibility of the owner or developer.
(2) The owner or developer of a planned conservation development shall be financially responsible for the extension of the existing network of sanitary sewage lines to serve the planned development area. No construction of buildings within any segment of a planned conservation development shall be commenced until after the extension of sanitary sewage lines has been completed.
(3) The following utility equipment shall be provided, constructed and installed underground within a planned development: gas lines, sanitary and storm sewer lines, water lines, electrical lines, telephone lines, and cable television lines.
(4) All utility systems shall be located and designed in such a manner and method as to preserve the natural features of the land such as streams, rock outcropping, topsoil, trees and shrubs and the same shall be incorporated into and with the landscaping of said lands.
(5) Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be of adequate width to facilitate the proposed usage.
(6) All utility boxes shall be screened.
(g) Storm Water Management. Due to the size and nature of planned conservation developments and the fact that several types of developments may be exempt from platting requirements, all site plans must have a storm water management plan, approved by the Municipal Engineer, with the improvements constructed before a zoning certificate will be issued for construction of buildings.
(h) Walkways. All Planned Conservation Developments (PCND) where the average lot frontage is less than 90 feet shall be provided with concrete sidewalks on both sides of the street throughout the development. All other walkways shall be constructed of a suitable, dust free, hard surface material. Mulch or other similar surfaces may be permitted for walking trails in areas Council feels are appropriate.
(i) Trees.
(1) The clearing of land shall be kept to a minimum to help preserve the existing natural conditions.
(2) No land shall be cleared of trees eight to ten feet away from the existing tree canopy. An exception to this requirement shall be granted in the case of those trees which should be removed due to malformation, disease, safety hazards, or to the general benefit of surrounding trees. The foregoing shall be considered as a guideline for preservation of the natural environment.
(Ord. 2020-10, passed 6-15-2020)