(a)   Minimum Site or Lot Requirements.
      (1)   Yard, setback, lot size, type of dwelling unit, height, frontage and floor area requirements and related limitations, and use restrictions contained in other chapters of this Code, may be waived for a PUD, provided that the spirit and intent of this Code and this section are met as determined by the Planning Board and City Council.
      (2)   Every building in a PUD shall have access either to a public street, walkway or other area dedicated to common use.
      (3)   In PUDs with residential dwelling units, the privacy of future residents shall be assured by yards, creative building arrangements, screening and other design elements. At a minimum, residential dwellings shall meet the following standards in a PUD:
         A.   The minimum distance between structures shall not be less than 15 feet or one-half the height of the higher structure, whichever is greater;
         B.   The minimum setback permitted from public rights-of-way shall be 25 feet for streets identified on the City Thoroughfare Plan or related plans for transportation in the City of Fairborn, and for streets designed to provide access to property adjoining the development;
         C.   Impervious surface coverage shall not exceed 33 percent of the total site, excluding public rights-of-way, except that variances from coverage requirements may be permitted when balanced by the provisions of additional amenities achieved by the amount, location, and improvement of open space and increased attention to storm water run-off and its detention. Coverage shall never exceed 50 percent except by the waiver procedure found in Section 1123.03(f): Waiver of Standards; and
         D.   Balconies, decks and patios shall be screened from each other in multiple family developments.
      (4)   For developments without any residential component, the minimum spacing between interior buildings shall be subject to approval by the City, but in no case shall be less than 20 feet or one-half the height of the taller building whichever is greater. All buildings along the perimeter of a PUD that is larger than five acres in size shall be set back a minimum of 50 feet along any existing residential district, park, or school property, and 25 feet along any other district or property.  These perimeter setbacks shall be doubled if the proposed use is classified as an "industrial, manufacturing and process" use in Section 1122.15(d): Permitted Uses in the LI District or Section 1122.15(e): Conditional Uses in the LI District.  Perimeter setbacks may only be reduced using the waiver procedure found in Section 1123.03(f): Waiver of Standards.
   (b)   Maximum Building Height Standards.
      (1)   Residential buildings or mixed-use buildings that contain residential dwellings may exceed 35 feet only if the Planning Board determines the proposed building allows adequate fire emergency access and is of an appropriate scale to its surroundings.
      (2)   All other buildings shall not exceed 80 feet in height or the appropriate Airport Zoning Regulation, whichever is less.
   (c)   Land Use Density and Intensity.
      (1)   Final land use density and intensity of uses shall be subject to approval of the Planning Board and City Council during the PUD Preliminary Development Plan review.
      (2)   In general, the overall gross density of a residential component of a PUD shall comply with the Comprehensive Land Use Plan. Residential densities shall not exceed 17. 5 dwellings units per gross acre for units with two bedrooms per unit or less. Residential densities shall not exceed 14.5 dwelling units per gross acres for units with three or more bedrooms per unit. 
      (3)   Increased net densities or lot coverage may be permitted by the Planning Board where it is satisfied that the applicant has provided a proportionate increase in the amount and amenity of common open space. Such density increases shall not exceed fifteen percent of the maximum densities established in this section.
      (4)   For nonresidential uses, the overall intensity of development shall be compatible with the recommendations of the Comprehensive Land Use Plan and with the capacity of public streets, drainage facilities and utilities and not violate the following standards:
         A.   The impervious surface of the site shall not exceed 80% of the total site excluding public rights of way.
         B.   The aggregate floor area of all buildings shall not be greater than sixty percent of the total area of the site excluding public rights of way.
      (5)   The preceding density guidelines may be varied at the discretion of the Planning Board and the City Council if it can be demonstrated that a variance to a guideline is necessary to achieve an improved site design, that surrounding neighborhoods and public facilities will not be adversely affected, and that a common open space will be provided. However, the approved density in the PUD shall not exceed more than 15% the density which is permitted in this section.
      (6)   Where there are mixed-use structures that contain both residential and commercial or commercial and industrial uses, the applicant shall provide information indicating the appropriate use groups for various areas within such structures and type of construction separating them. No highly combustible, toxic or otherwise hazardous materials shall be permitted within residential areas of the development. In addition:
         A.   Adequate information shall be provided to the Fire Department and Building Inspection Division for each to determine that the mixed use building(s) shall meet State and local building and fire codes.
         B.   Adequate security shall be provided between uses in mixed-use structures. Interior common areas serving dwellings shall not be accessible to the public at large.
   (d)   Design and Development Standards.  Where this Code provides for design and development standards not specifically addressed in this chapter, development within a PUD shall comply with the applicable standard.
      (1)   Illumination.
         A.   Common parking areas and accessways shall be illuminated adequately with fixtures designed and installed so as to reflect light away from adjoining properties.
         B.   All development shall comply with the outdoor lighting requirements of Chapter 1125: Performance Standards.
      (2)   Off-Street Parking and Loading.  Adequate off-street parking shall be provided including provisions for guest parking. The Planning Board may require parking exceeding the requirements of Chapter 1130: Parking and Loading, when on-street parking will not be available to meet guest parking needs. The off-street parking and loading requirements may only be waived using the waiver procedure identified in Section 1123.03(f): Waiver of Standards.
      (3)   Landscaping and Buffering.
         A.   All PUDs shall comply with the applicable landscaping and buffering requirements of Chapter 1129: Screening, Buffer Yard, Landscaping and Fences, which shall be established as the minimum landscaping and buffering requirements.
         B.   The percentage of retained and proposed landscaped areas to total area shall not be less than 20 percent of the entire lot.
         C.   In general, all unpaved areas of a lot shall be landscaped or a bond or irrevocable letter of credit submitted to guarantee the installation of landscaping prior to occupancy of a principal building.
         D.   Every effort shall be made to preserve mature stands of trees and other natural features having intrinsic, aesthetic value.
         E.   Where this is not practical, attractive groupings of nursery materials shall be planned.
         F.   The amount of landscaping shall be comparable to the intensity of the development proposed. Particular care shall be taken to introduce trees and other landscaping into parking and other paved areas.
         G.   PUDs that contain nonresidential uses or residential uses of a higher density or intensity of adjacent residential uses shall be required to provide a permanent open space buffer consisting of mounding and vegetative plantings sufficient to protect the privacy and amenity of such adjoining areas. The buffer area shall be a minimum of 50 feet in width unless otherwise approved by the Planning Board through the waiver procedure of Section 1123.03(f): Waiver of Standards.
         H.   The buffer area shall be maintained by the land owner or owner association in such a manner as to insure its effectiveness.
         I.   Outdoor areas or containers holding or storing trash, garbage, recycled or reused materials shall be screened on three sides from adjoining properties, streets and other public areas. Such areas or containers shall be screened in accordance with this Code and shall include a decorative gate for access.
      (4)   Signs. Signs shall be integrated into the building and landscaping plans so as to enhance the overall appearance while providing adequate identification of the development. The requirements of Chapter 1131: Signs may only be waived using the waiver procedure identified in Section 1123.03(f): Waiver of Standards.
      (5)   Vehicular Access Points.
         A.   The number of ingress and egress points shall be limited in order to reduce the number of potential accident locations with streets.
         B.   Adequate and properly arranged facilities for internal pedestrian and traffic circulations shall be provided.
         C.   Topography, landscaping and existing vegetative clusters shall be utilized as necessary to make the project attractive and provide buffers between areas of substantially different character.
         D.   The street and thoroughfare network shall be designed to minimize truck and through traffic passing through residential areas of the development, especially where dwelling units with two or more bedrooms are common.
         E.   Truck loading areas shall be physically isolated from residences or enclosed.
   (e)   Improvement Standards.
      (1)   Unless alternative standards are approved as part of the PUD approval process, all PUDs shall comply with the applicable subdivision improvement and design standards including, but not limited to, sidewalks, street design, drainage, and utilities.
         A.   All streets proposed within a PUD shall be public streets, dedicated to the City of Fairborn in accordance with the applicable subdivision regulations, unless otherwise approved by Planning Board and City Council as part of the PUD Preliminary Development Plan approval. In considering the approval of any application that proposes the use of private streets, the Planning Board and City Council shall consider the following:
            i.   All private streets shall be designed in accordance with the standards of the Subdivision Regulations except that curbs and gutters may be waived and street width reduced if adequate provision has been made for storm drainage, guest parking and for access by emergency vehicles and trash collection trucks.
            ii.   Private streets shall be oriented and designed to discourage through traffic movement.
            iii.   Private streets should not be designed for extension into any adjacent development or provide access to future development which may occur on adjacent undeveloped land;
            iv.   Private streets shall have no more than thirty residential properties per entrance to a public street.
            v.   Any development proposed containing private streets shall also contain a description of the method by which such streets are to be maintained, such as the by-laws of a homeowners' association.
      (2)   In addition to any sidewalk requirements required by the applicable subdivision standards, any PUD that contains residential uses shall provide for adequate pedestrian walkways connecting residences to existing and proposed recreational facilities, schools, neighborhood shopping, other residential areas, and adjoining sidewalks.
   (f)   Common Open Spaces.
      (1)   Common open space shall be required in all applications where there is a proposed PUD that contains any residential uses
      (2)   The common open space requirements for a PUD shall be based on the proposed residential density and shall be in accordance with Table 1123-1.
Table 1123-1: Common Open Space Set-Aside
Proposed Residential Gross Density
Open Space Requirement
Under 4 dwelling units per acre
10% formal or informal
4 to less than 8 dwelling units per acre
10% total with a minimum of ½ of the set- aside established as formal
8 or more dwelling units per acre
5% formal
      (3)   The open space shall be designed for the leisure and recreational use of the residents of the development.
      (4)   The percentage of open space shall be based on the gross site area of the proposed project, including all rights-of-way.
      (5)   When open space is required, such space shall be areas that have been improved for active use by residents or members of the public that may include, but is not limited to, in-ground swimming pools, playgrounds, tennis courts, jogging trails, or similar outdoor recreational uses.
      (6)   The following areas shall not be counted toward compliance with open space requirements:
         A.   Private and public roads, and associated rights-of-way;
         B.   Public or private parking spaces, access ways, and driveways related to any residential use;
         C.   Required minimum spacing between buildings and required yard setbacks;
         D.   Vehicular use areas;
         E.   Land that is subject to pre-existing conservation easements or other similar protected open spaces;
         F.   Above-ground buildings, pipes, apparatus, and other equipment for community or individual use, septic or sewage disposal systems;
         G.   Substations, public utility easements;
         H.   Dry stormwater detention basins or facilities;
         I.   Leftover land that has no value for development and is not a natural resource (e.g., river or stream corridor, large forest stand, wetland) that contributes to the quality of the overall project, as determined by the Planning Board or Zoning Administrator, as may be applicable based on the review procedure.
      (7)   All common open space shall be in accordance with the following:
         A.   The location, shape, size and character of common open space shall be suitable for the proposed residential uses in relation to the location, number and types of dwelling units it is intended to serve. In any case, it shall be highly accessible to all residents or users of the PUD;
         B.   The common open space shall be used for amenity and/or recreational purposes. Any uses and/or buildings authorized for the common open space must be appropriate to the scale and character of the PUD in relation to its size, density, expected population, topography and the type of dwellings;
         C.   The common open space shall be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space and shall conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition; and
         D.   Adequate provision shall be made for the long-term maintenance and/or operation of the open space and its improvements:
            i.   The proposed common open space may be conveyed to a public authority which agrees to maintain the common open space and any buildings, structures or improvements which have been placed on it. All land dedicated to the public shall meet the requirements of the appropriate authority as to size, shape and location. Public utility or other similar easements and rights of way for water course, other similar channels or for storm drainage facilities are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the authority to which the land is dedicated; and
            ii.   The proposed open space may be conveyed to the trustees of a Homeowners' Association or similar organization formed for the maintenance of the planned development. The common open space may be conveyed by covenants under such an arrangement subject to approval by the Planning Board. Such covenants shall restrict the common open space to the uses specified on the PUD Final Development Plan and provide for the maintenance of common open space in a manner which assures its continuing use for its intended purpose.
               (Ord. 34-17.  Effective 12-7-17; Ord. 21-19.  Passed 4-1-19.)