(A) Intent.
(1) The Planned Mixed Use Development Overlay (PMUD) is a voluntary procedure that provides an overlay district that is intended to encourage innovative design, conservation of significant natural features, consolidation of open space, and to provide for a mixture of residential, commercial, and industrial uses with an integrated design. There are two types of PMUD overlays: Business-Residential and Business-Industrial. The zoning classifications allowable within a Business - Residential PMUD include M Multi-Family Residential, O-1 Office, C-l Local Business, and C-2 General Business. The zoning classifications allowable within a Business - Industrial PMUD include O-1 Office Commercial, C-l Local Business, C-2 General Business, and 1-1 Light Industrial. The PMUD shall not provide for a mixture of residential and industrial uses.
(2) The PMUD allows greater design flexibility so that natural features and open space may be preserved and enhanced through the location and configuration of development while an array of uses may be integrated in a coordinated, efficient and compatible manner. All proposals will be considered on their merits in relation to the following: adherence with the Village's Comprehensive Land Use Plan; the context of the area in which the PMUD is to be located; the adequacy and availability of public facilities and infrastructure; and the compatibility with the proposal's immediate surroundings. The Planning Commission may require any reasonable condition or design accommodation to promote proper development in harmony with the community. It is not intended that the Village Planning and Zoning automatically grant the maximum use or density.
(B) Applications. Applicants are encouraged to meet with the village's development officials, including the applicant's engineering firm, the Village Planning Commission, the Planning Commission Staff and Hancock Regional Planning Commission. Applications for a PMUD are made with the Village Planning Commission and involve a preliminary and final review phase. Applicants must first submit an application for a "Preliminary review for planned mixed use development overlay" along with a preliminary development plan. If a project is approved in the preliminary phase, applicants may then make an application for a final review using a "request for Planned Mixed Use Development Overlay." The application must be accompanied with a final development plan.
(C) Re-zoning. Applications will only be considered for tracts of land with a mixture of M-l Multi-Family Residential, O-1 Office Commercial, C-l Local Business, C-2 General Commercial and 1-1 Light Industrial Zoning Districts. Petitions for a zoning change require a separate process. It is recommended that zoning changes be considered simultaneously with requests for PMUD Preliminary Development Plans and based on either the Business-Residential PMUD or Business-Industrial PMUD.
(D) Preliminary development plan. The preliminary development plan shall contain information set forth in § 178.026 Application Requirements, Preliminary Development Plan and General Information, which will be referred to various agencies and utility providers for study. The village shall provide notice and publication of the Village Planning Commission review. The proposal shall be reviewed according to its meeting the design requirements and standards as set forth in divisions (H) and (I) below of this section. The approval of a preliminary development plan shall be in effect for two years to allow for the preparation and submission of the final development plan. If the final development plan has not been filed within this approval period, then the preliminary development plan approval shall expire.
(E) Final development plan. Only preliminary development plans that have been approved by the Village Planning Commission and Village Council may apply for review as a final development plan. The conditions for approval must be reflected in the final development plan. Any deficiencies on the preliminary development plan must be corrected.
(F) Additional information. The Village Planning Commission may require additional information such as professionally prepared maps, survey drawings, studies or reports including environmental assessments and/or traffic impact studies for the development. The expense of providing this information is the responsibility of the applicant.
(G) Plat required. A planned mixed use development will require a plat. Procedures for plat approval are set forth in the village's subdivision rules and regulations. It is recommended the platting process be initiated after the preliminary development plan has been approved by the Village Planning Commission. Approved final plats shall be recorded within one year after the approval of the final development plan. Plats not recorded within the one year period will expire and be of no force and effect. Bonds must be secured with the village prior to commencing any development. Plats must be recorded no later than 30 days after bonds are secured.
(H) Design requirements and standards.
(1) Minimum acreage. Minimum size tract of land must be ten acres.
(2) Open space. Ten percent of the gross parcel acreage shall be allocated to common open space. Up to one-third may be comprised of retention areas, ponds, or flood areas.
(3) Maximum impervious surface. No more than 70% of the gross parcel acreage shall be devoted to impervious coverage by buildings, street pavement, motor vehicle driveway pavement and parking area pavement.
(4) Minimum pervious surface. Not less than 30% of the gross parcel acreage shall be devoted to pervious surface, including yards, open space, common areas, water features, and new rights-of-way (i.e. boulevards and tree lawns).
(5) Residential density. Residential may count for a maximum of 40% of the net developable acreage of a Business/Residential PMUD. The maximum number of dwelling units permitted shall be six units per acre with residential zoning. For the purpose of this calculation net residential acreage equals 80% of the gross parcel acreage zoned Multi-Family Residential Districts. Gross parcel acreage is the total parcel area excluding existing public rights-of-way. Additionally, residential uses located above commercial and office uses will not be counted toward the maximum density. See criteria in other parts of this section.
(6) Public services. All new principal buildings, structures and other uses shall be provided with public utilities and served by public streets.
(7) Access. Requires frontage on and direct access to, one or more dedicated and improved public arterial roads, or to an access road that runs parallel to an arterial road. Provision shall be included for future connections to other public roads as required by the Village, the County Engineer, Ohio Department of Transportation (ODOT) and/or the Hancock Regional Planning Commission.
(8) Commercial square footage. Minimum commercial floor space requirements: as approved per development plan.
(9) Common wall residential. Residential standards for common wall/single-family attached dwelling, two-family dwellings, and multi-family dwellings:
(a) Walkways and street trees. The village may require walkways to connect all dwelling areas with open space and to interconnect the open spaces. Where sidewalks or bike paths are required, they shall be separated from the paved street or parking lot surface by at least five feet of landscaped or grassed tree lawn with street trees.
(b) Yards and setbacks - approved per development plan.
(c) Curbed street with enclosed drainage.
(d) Underground utilities. All utility lines constructed to service the proposed commercial uses shall be located underground.
(10) Residential uses in C-l and C-2. Residential uses are permitted in C-l and C-2 provided the residential uses meet the following requirements:
(a) Located on second story or higher, above commercial and office uses excluding parking garages.
(b) Minimum floor area of units to be 1,000 square feet.
(c) Minimum lot width at the building line - as approved per final development plan.
(d) Minimum side yards for non-residential structures shall equal one-third the sum of the height and depth of the structure, but in no case shall be less than 100 feet from any residential zoning district or planned residential district, or as approved per development plan.
(e) Minimum rear yard for non-residential structures shall equal one-third the sum of the height and width of the structure, but in no case shall be less than 100 feet from any residential zoning district or planned residential district, or as approved per plan.
(f) Perimeter area. No parking shall be constructed within 25 feet of the lot line of an existing or proposed single family home or residentially zoned district.
(11) Water and sewer. Centralized water and sewer service shall be provided unless otherwise approved per development plan. The appropriate agencies with jurisdiction shall indicate feasibility of water supply and wastewater disposal systems at the time of the preliminary development plan review.
(12) Walkways and street trees. The village may require walkways to connect parking areas with buildings. Where sidewalks or bike paths are required, they shall be separated from the paved street surface by at least five feet of landscaping or grassed tree lawn with street trees that conform to village standards.
(13) Environmentally sensitive areas. Jurisdictional wetlands, steep (over 20%) slopes, and/or 100-year floodplains shall be preserved to the greatest extent possible (note: village approval does not void requirement to comply with permitting and approvals from other required agencies, such as FEMA).
(14) Building design. The project shall give due regard to the intent of this chapter to integrate design and appearance within the planned area. Building footprints, building orientation, massing, roof shape and/or pitch shall respect the various elements of the project. The exterior materials should respect the context of the project area (i.e., adjacent to a historic building/neighborhood).
(15) Building height limits. As approved per plan.
(16) Parking. Off-street parking shall be provided, at the time of construction of the main structure or building, with adequate provisions for ingress and egress according to the development plan. In preparing and approving the parking plan, the parking provisions of § 178.145 shall be incorporated, or a divergence requested with approval based upon shared parking opportunities within the proposed development.
(17) Signs. Signs shall conform to provisions of this zoning code or a divergence shall be requested to be approved per plan.
(18) Supplemental conditions and safeguards. The Village Planning Commission and/or Council may impose additional conditions relating to the development with regard to the type and extent of the public improvements to be installed; landscaping; improvements and maintenance of open space areas; and other development characteristics.
(I) Standards.
(1) Adverse affects. The property adjacent to the area included in the plan shall not be adversely affected by encroaching buildings, retention ponds or other drainage paths, vehicular circulation routes, location of refuse collection points, or the proximity of the entry to the new development on the public roadway.
(2) Zoning. The plan is consistent with the intent and purposes of the Village of McComb Zoning Ordinance to promote public health, safety, and general welfare.
(3) Flexibility. The planned residential development approval may provide for such exceptions from the base district regulations governing lot size, and configuration, location and height of buildings, yard requirements, and subdivision standards and regulations, as may be necessary or desirable to achieve the objectives of the proposed development. Such exceptions are to be designed to:
(a) Promote flexibility in design and permit planned diversity in the location of structures;
(b) Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities;
(c) Preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;
(d) Provide for more usable and suitably located recreational facilities and other public and common facilities than otherwise would be provided under conventional land development procedures;
(e) Combine and coordinate architectural styles, building forms and building relationships within the planned residential development; and
(f) Design appropriate setbacks for any one or group of structures and/or the total planned residential development.
(J) Common open space. See § 178.150.
(K) Permitted uses.
(1) Business/residential PMUD. The Business/Residential uses include those provided for the Residential Districts, C-l Local Business and/or C-2 General Business District with the following exceptions: Residential uses permitted in C-l Local Business District and C-2 General Business District according to the design requirements set forth in division (H) above of this section.
(2) Prohibited uses. The following uses shall not be permitted in the Business/Residential PMUD:
(a) Automobile dealerships, new or used;
(b) Auto laundries;
(c) Lumber yards, contractor supply, etc. with outdoor display areas;
(d) Any use requiring outdoor storage/storage yards.
(3) Business/Industrial PMUD. The Business/Industrial uses include those provided for in C-l Local Business District, C-2 Local Business District and 1-1 Light Industry District with the following exceptions:
(a) Vehicle sales - New or used;
(b) Sales operations for boats, campers, trailers, or other recreational vehicles;
(c) Commercial kennels;
(d) Auto laundries;
(e) Trucking operations;
(f) Assembly plants and similar operations;
(g) Mini-storage warehouses;
(h) Storage facilities for building materials, sand, gravel, brick, lumber, and the like;
(i) Storage facilities for contractor's equipment and supplies;
(j) Adult uses.
(4) Temporary structures. Mobile homes and temporary buildings of a non-residential character may be used incidental to construction work on the premises or on adjacent public projects or during a period while the permanent structure is being constructed. The user of said structure shall obtain a permit for such temporary use, which permit shall be valid for six months and may be renewed not more than one time. Renewal of the permit shall be at the discretion of the Village Administrator on finding of reasonable progress toward completion of the permanent structure or project. The Village Administrator may require provisions for sanitary waste disposal, solid waste disposal and water supply, as are deemed necessary. The fees for such permit and renewals thereof shall be established by the McComb Village Council. Said temporary structure shall be removed no later than ten days after expiration of said permit. No such temporary unit shall be occupied as a residence.
(L) Designation.
(1) Public hearing. The Village Planning Commission shall hold a public hearing for preliminary and final development plans.
(2) Public notice. Notice shall be made in a newspaper of general circulation and notices mailed to property owners within and contiguous to and directly across the street from the subject parcel or parcels no less than two weeks prior to the public hearing.
(3) Zoning map overlay. The Village Administrator shall cause the designation to be shown upon the official zoning map as an overlay without changing the underlying zoning.
(4) Notification of designation. Upon designation, the Village Administrator shall promptly notify the Zoning Office.
(M) Amendments.
(1) Application. In the event that an applicant or owner who has obtained approval of a final development plan wishes to change or modify said approved plan in any respect, he or she shall make a detailed written modification request, and file that request and fee with the Village Administrator. The application shall specifically detail the changes requested, and shall state the reasons for all changes requested.
(2) Review and determination. The Planning Commission shall review the amendment request and decide whether the application shall be treated as a major or minor change to the final development plan using the criteria set forth in § 178.050 Minor Changes Definition (Site Plans & Plats).
(3) Major change. If the application is determined to be a major modification request, the matter shall be scheduled for a public hearing before the Village Planning Commission. The Planning Commission shall provide written recommendations for the approval, modification, or denial of the application to the Village Council for final determination.
(N) Decisions by Village Planning Commission. Upon reaching a decision, the Village Planning Commission shall issue an oral decision followed by a written decision within seven days after the date of the hearing, setting forth, with specificity, its findings and analyses.
(O) Appeals.
(1) Appeals of administrative decisions. Applicants may appeal decisions to the Planning Commission. Notice of appeal shall be made within seven days of the date of decision. The Village Council shall consider the appeal at a regularly scheduled meeting within 30 days of receipt of notice of the appeal.
(2) Appeals of Planning Commission decisions. Decisions by the Planning Commission shall be presented to Village Council where decision shall be deemed as the final administrative orders for appellate purposes and shall be thereafter regulated by R.C. Chapter 2506.
(P) Approval period.
(1) Construction begun. If construction of any phase of the approved planned mixed used development begins within two years after approval is granted, the approval shall be valid until the development is completed up to a maximum approval period of ten years from the approval date.
(2) No construction. If no construction has begun within two years after the approval is granted, the Planned Residential Development Overlay shall be void and the land shall revert to the district regulations in which it is located. The Planning Commission may approve an extension of the time limit. A project may not receive more than one extension. A maximum of ten years to complete the project is permitted.
(Ord. O-2019-24, passed 9-9-2019)