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After the approval of a Planned Unit Development, the developer, individual property owners or property owner associations may wish to make major or minor modifications. Inasmuch as approval of a Planned Unit Development, including a final development plan, is based upon a unified plan, which stresses total design integration, proposed modifications must be evaluated for their impact on the visual and physical amenities of the development. In order to allow for a process through which this assessment can be made, the following procedures for modifications shall be followed:
(a) An application for an "Amendment to a Planned Unit Development" shall be filed with the Building and Zoning Inspector. The application shall include the required number of revised development plans clearly showing the proposed changes. The application shall also contain, if applicable, a written recommendation from a residential or commercial property owners association.
(b) The Building and Zoning Inspector shall review the proposed modifications and shall determine if the scope of the proposed changes is major or minor in nature. To qualify as a minor modification, the Building and Zoning Inspector shall find that proposed modification consists of only the following:
(1) Modification to lot lines that do not result in an increase to density, dwelling units, or placement of a structure closer to the perimeter lot line of the PUD.
(2) Installation of, or adjustments to, the size and location of structures, accessory structures, swimming pools, patios and decorative fencing (other than chain link), landscaping and other improvements that do not;
(A) Result in an increase in the approved number of housing units or principal non-residential structures.
(B) Move or relocate a principal structure when the subject property abuts land that is used for residential purposes inside or outside of the development.
(C) Move or relocate a principal structure such that the placement of structures will be closer to any property line than existed before such relocation.
(3) Modifications to approved circulation drives and parking areas so long as they do not reduce the number of approved spaces, or encroach into setback areas or designated recreation/open space areas, and the location and number of curb cuts remains unchanged.
(4) Reductions in the size of signs.
(c) The Building and Zoning Inspector may approve minor changes if all of the following conditions are met:
(1) The proposed minor change has received unconditional approval from the appropriate property owners' association or nonprofit corporation, if such exists. In the event that there is no property owners' association, the Building and Zoning Inspector shall ensure that the proposed minor change meets all other requirements of Part 11 - Planning and Zoning Code.
(2) The proposed minor change meets with the approval of applicable City departments,
(d) A major change shall be construed as any change that does not satisfy the above criteria for a minor change. All proposed major changes shall be acted upon in the same manner and in accordance with the same procedures as an original final development plan as specified in Section 1127.16.
(Ord. 159-2015. Passed 9-21-15.)
The Fallen Timbers Overlay District, which may be referred to as the FT-O, is hereby created as an overlay district for certain lands in the vicinity of, or adjacent to, the Fallen Timbers National Battlefield, which lands are described as follows:
Beginning at the intersection of the centerline of Jerome Road and the City line, thence south along the centerline of Jerome Road to its intersection with the northwest right-of-way line of U.S. Route 24; thence southwesterly along the northwest right-of-way line of U.S. Route 24 to its intersection with the centerline of Stitt Road (also being the City line); thence westerly along the centerline of Stitt Road and the City line to its intersection with the centerline of Black Road (Ethel Lane) and the City line; thence following the City line northwesterly along the centerline of Black Road and north, west, and north to the intersection of the City line with the City line along the northwesterly line of the Norfolk and Southern Railroad; thence northeasterly along the City line and the northwesterly right-of-way line of the Norfolk and Southern Railroad to its intersection with the north line of Section 9, Town 1, United States Reserve; thence east along the City line, the north line of Section 9 and the north line of River Tract 30, Town 1, United States Reserve to its intersection with the centerline of Jerome Road at the point of beginning.
The FT-O District shall be shown on the zoning map as an overlay so that the underlying zoning district will remain legible. (Ord. 012-2022. Passed 3-7-22.)
(a) The purpose of the FT-O Overlay District is to promote and protect the public health, safety, comfort, convenience, and general welfare by providing regulation for the development of properties in the vicinity of or adjacent to the Fallen Timbers Battle site in the City of Maumee. The FT-O Overlay District area is intended to protect this area of special and substantial public interest because of the location of a national battlefield, the site of the Battle of Fallen Timbers. This battlefield is a historic, environmental, recreational, economic, and cultural resource of national significance. As a National Park System Affiliate, this area will include the Battle site, a visitor's center, natural areas, and recreational trails. It is the general purpose and intent of these regulations to balance private property rights and interests with the need to protect the Battlefield as a historical and cultural attraction. It is also intended that this Overlay District will balance ratios of retail and non-retail uses to minimize adverse fiscal hardships and consequences to the City with respect to the public costs and benefits related to providing public services and facilities.
(b) Within the FT-O Overlay District, supplemental buffering requirements are defined to eliminate or minimize negative environmental impact, to improve transportation coordination and capability, and to balance recreational, commercial, and industrial land uses, while respecting the rights of property owners to make beneficial use of their properties.
(Ord. 012-2022. Passed 3-7-22.)
The FT-O District has the effect of modifying the requirements, regulations, permitted uses, and procedures applying in the underlying C-M Zoning District after the FT-O designation is overlaid, pursuant to the following regulations in this chapter.
(Ord. 012-2022. Passed 3-7-22.)
All applications proposing additions to the FT-O Overlay District are applications for amendment to the Zoning Map and shall be considered in accordance with the procedures for rezoning. Designation of acreage to be added to the FT-O Overlay District must also meet the following requirements:
(a) The application for the imposition of an FT-O Overlay District must be signed by all owners of real estate in the area proposed for the addition to the FT-O Overlay District.
(b) The acreage proposed for addition to the FT-O Overlay District must be acreage within the City of Maumee which falls within the following boundaries:
(1) Black Road on the west;
(2) Anthony Wayne Trail on the south;
(3) Norfolk and Southern railroad track on the north; and
(4) North Jerome Road on the east.
(c) Upon approval of an FT-O Overlay District application, the District Map shall be amended to designate the acreage as a FT-O Overlay District.
(Ord. 012-2022. Passed 3-7-22.)
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