(A) Planned Development Districts.
(1) Planned development districts shall permit a mixture of different types of housing with compatible commercial uses, shopping centers, office parks and other mixed use developments.
(2) Flexibility in design, character, and quality of development and preservation of natural and scenic features are made possible through the approval of a plan which describes the specific uses, densities, setbacks, and other requirements for a planned development district.
(3) The approved plan shall constitute the district regulations for a particular planned development district.
(B) PDD Requirements. The following regulations shall apply in all PDD districts. Whenever there is a conflict between these regulations and any other regulations in this chapter, the most stringent shall prevail.
(1) Permitted uses in PDDs. Any combination (mix) of uses meeting the objectives of this section may be established in a PDD upon review and approval by the Planning Commission and County Council. Once approved, these uses and no others shall be permitted. Said uses shall be identified as listed per § 153.073(D) - Zoning District Table of Permitted Uses. The list of approved uses shall be binding on the applicant and any successor in title, so long as PDD zoning applies to the land, unless otherwise amended by chapter.
(2) Mixture of uses required. For PDDs that are or are planned to be primarily residential, a minimum of 10% of the total gross area of the PDD must be reserved for office, retail, service, live-work units and other non-residential uses that serve the needs of project residents and others in the vicinity of the development. For PDDs that exist or are planned to be primarily non-residential, a minimum of 10% of the total gross area of the PDD must be reserved for residential uses.
(3) Establishment of PDD Districts.
(a) PDDs shall be established on the official zoning map by the same procedure as for amendments generally as provided in § 153.054 and in accordance with the requirements of this section.
(b) The developer/applicant shall arrange for preliminary meetings with the Zoning Administrator prior to submitting an application for rezoning.
(c) The Planning Commission will review the conceptual plan and text to ensure conformity with this section and applicable requirements of the Newberry County Subdivision Regulations, Chapter 154; to consider the comments of the staff review; and to obtain and consider public comments concerning the proposed PDD.
(d) Upon approval by County Council, the conceptual plan along with all supporting documentation and text shall constitute the PDD ordinance.
(4) Infrastructure. The developer is authorized to begin construction of streets and infrastructure following verification that the preliminary plat complies with all requirements specified by County Council, the Planning Commission, SC DHEC, Chapter 154 - Subdivision Regulations, and other approved conditions including recording of restrictive covenants.
(5) Plat approval. Preliminary and final plat approval shall also comply with Chapter 154 - Subdivision Regulations.
(6) Mapping. Each PDD shall be identified on the zoning map and in the zoning ordinance by a prefix and number indicating the particular district, as for example “PDD-1,” together with whatever other identification appears appropriate.
(7) Conceptual plan and text requirements.
(a) A conceptual plan meeting the requirements for site plans contained in § 153.049(D) - Application requirements for permits shall be submitted along with a conceptual land use plan for the entire site. A complete application shall also include the following:
1. Additional site plan information provided to scale including: topography, vegetation, drainage, flood plains, wetlands, waterways, landscaping, open spaces, walkways, means of ingress and egress, vehicular circulation, utility services, structures and buildings, signs and lighting, berms, buffers, setbacks, screening devices, surrounding development, and any other information that may reasonably be required for review.
2. Proposed restrictive covenants and property owners' association documents to be recorded to ensure the establishment of any property owners association required to maintain common areas and to verify that no conflicts exist between the requirements of the PDD and those contained within the restrictive covenants. Notwithstanding this provision, Newberry County has no authority or responsibility to enforce deed restrictions.
3. A preliminary development schedule for the completion of roads, infrastructure, buffer yards, and any other proposed improvements for general use.
(b) The Planning Commission may establish additional requirements for conceptual plan approval and, in special cases, may waive a particular requirement if, in the opinion of the Planning Commission, the inclusion of that requirement is not essential to a proper assessment of the project.
(8) Minimum area required. Minimum area requirements for establishing a PDD shall be 10 contiguous acres in all districts.
(9) Development standards.
(a) Density and height requirements. Residential density, setbacks, impervious surface ratios, and building heights shall be based on the scale of the project in relation to its surroundings and its impact on existing and proposed support facilities. A 20-foot setback will be required along the perimeter of all property lines. The setback from any existing street shall be the lesser of 35 feet or the average setback of existing adjacent houses that front on the same street within 100 feet in either direction of the proposed building. Maximum density is 8 units per acre. Maximum impervious surface ratio is 70%.
(b) Overall site design. The overall site design shall be consistent and compatible with adopted plans and policies for the area in which the project is located and with adjacent residential neighborhoods and coordinated with existing infrastructure such as roads and sidewalks.
(c) Parking and loading. Off-street parking and loading spaces for each PDD shall comply with the requirements of §§ 153.197 et seq. - Parking and Loading Regulations, as applicable, for the various uses proposed for the PDD. Dense development may require supplemental parking areas or wider streets to allow on-street parking in addition to off-street parking requirements.
(d) Buffers. A buffer area at least 20 feet in width shall be provided along the exterior perimeter property line. Buffers are not required in the interior of the PDD.
(e) Streets and infrastructure. Streets within a PDD must meet the design and construction standards required by the Subdivision Regulations in Chapter 154 of the Newberry County Code of Ordinances.
(f) Signage. Signage permitted shall be consistent, appropriately scaled and aesthetically compatible with the proposed PDD and shall comply with the requirements of §§ 153.213 et seq. - Sign Regulations.
(g) Open space. The site design shall include designated common open space at a percentage appropriate for the size and configuration of the development. Such open space shall comply with the requirements of § 153.185 - Open Space.
(10) Financial guarantees. Where public improvements and/or common amenities or infrastructure are proposed, such improvements shall be installed in accordance with a development schedule to be approved as part of the PDD Plan and designed to specifications as required by Chapter 154 Subdivision Regulations. Whenever a land subdivision, as regulated by Chapter 154, is required to implement a PDD, a preliminary plat shall be prepared for review that conforms to all of the requirements of the PDD approval, including the approved conceptual plan and development schedule. No development shall take place onsite until such plat has been approved by the county.
(11) Administrative action. Building and zoning permits shall not be issued until the PDD is approved by County Council, and approved plats, the approved plan, and all required restrictive covenants are filed for record with the Clerk of Court for Newberry County, and all required bonds are posted with the Clerk to Council.
(12) Changes in approved PDD plans. Except as provided below, approved PDD plans shall be binding on the owner and any successor in title.
(a) Minor changes. Changes proposed in writing by the applicant which do not alter district boundaries and which involve revision or minor characteristics of the PDD such as revision of floor plans, facades, landscaping, drainage structures, and features which do not substantially alter the approved plan concept, anticipated offsite impacts, or violate any applicable regulations may be approved by the Zoning Administrator. The authority given to the Zoning Administrator to grant such minor changes shall be construed to be permissive and not mandatory and the Zoning Administrator may decline to allow such change. In the event this occurs, the applicant shall have the right to request a major change to the PDD as stipulated in division (b) below.
(b) Major changes. Changes proposed in writing by the applicant which alter district boundaries or which substantially alter the characteristics of the PDD shall be submitted under normal zoning amendment procedures applicable to establishment of the PDD.
(13) Expiration of time limits on PDD Amendments. The final approved plan for a PDD shall be in effect for a period of 2 years or other specified development schedule. The owner of an approved PDD may apply in writing before the end of the 2-year approval period or other specified development schedule to the Newberry County Planning Commission for an annual 1-year extension. The Planning Commission may approve applications for up to 5 annual extensions of the approval period if a timely and proper written application has been filed with the Planning Commission. If no such application is made, the approval period or extension shall expire at the end of the approval or extension period.
(14) Failure to begin; failure to progress; failure to complete. If the responsible party fails to begin, fails to progress, or fails to complete development as agreed in the descriptive statement, County Council may charge the developer with violation of the zoning ordinance, may rezone the property, or may take any combination of these actions. In any event, if the planned development is not initiated within 2 years of its establishment, the Planning Commission shall initiate the rezoning of the property to an appropriate district classification in conformity with the comprehensive plan.
(Ord. 06-11-16, passed 9-21-2016)