Loading...
(A) A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conforming use, and is made to conform to all the regulations of the district in which it is located, except as provided in § 159.147 of this chapter;
(B) No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by the non-conforming use, except as provided in § 159.147 of this chapter;
(C) No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter, or to displace any conforming use in the same building or on some parcel of land, except as provided in § 159.147 of this chapter; and
(D) A building or structure which is non-conforming with respect to yards, floor area ratio, or any other element of bulk, shall not be altered or expanded in any manner which would increase the degree or extent of its non- conformity with respect to the bulk regulations for the district in which it is located, except as provided in § 159.147 of this chapter.
Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is non-conforming only in the particular manner herein specified, the building and use thereof shall be exempt from the requirements of §§ 159.143 and 159.144 of this chapter. This section does not nullify the requirements of § 159.145, where a nonconforming building or structure is damaged or destroyed.
(A) In any residential district where a dwelling is non-conforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein;
(B) In any residential district where a use permitted in the B-1 District occupies ground floor space within a multiple family dwelling located on a corner lot;
(C) In any business or manufacturing district, where the use is less distant from a residence district than that specified in the regulations for the district in which it is located; and
(D) In any district where an established building, structure, or use is non-conforming with respect to the standards prescribed herein for any of the following:
(1) Floor area ratio (FAR);
(2) Lot area per dwelling unit;
(3) Yards, front, side, rear, or transitional;
(4) Off-street parking and loading;
(5) Lot area;
(6) Building height; and
(7) Gross floor area.
PLANNED UNIT DEVELOPMENT
(A) Definition. A Planned Unit Development is defined as an area of land developed as a "special use" and as a single entity for a number of land uses including, but not limited to; residential, commercial, institutional, research and, industrial.
(B) Intent and purpose. The purpose of the Planned Unit Development regulations are to encourage and promote a more creative, imaginative and an environmentally sensitive design for the development of land by allowing a greater freedom and/or flexibility than is possible under the precise and rigid requirements of conventional zoning ordinances. The Planned Unit Development is therefore accomplished through the use of objective standards which shall establish goals and criteria for judgment rather than the application of a fixed formula. To this intent it shall allow for the diversification in the land uses permitted and variations to the relationships of land uses, structures, open spaces, and heights of structures in particular developments that are understood to be conceived and implemented as a comprehensive and cohesive unified project, while still requiring substantial compliance to the master plan for community development. It is further intended to encourage more imaginative site planning; contributing to a more rational and economic relationship to public services, while permitting optimum development of the land; and, whereas it shall encourage and facilitate the conservation of open lands, natural site features such as: woods, streams, wetlands, floodplains and the like as an integral component of a balanced ecology between nature and the development, which will provide for exceptional urban amenities and higher quality developments.
(C) Permitted location. A Planned Unit Development shall be considered as a special use in any residential, business, office, industrial or manufacturing zoning district.
(D) Permitted uses. In a Planned Unit Development, the following uses may be permitted subject to the criteria as established, provided, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
(1) Residential dwelling units in detached, semi-detached, attached, multi-storied structures, or any combination thereof;
(2) Non-residential uses as follows:
(a) Religious, cultural, recreational and educational uses;
(b) Business uses permitted in the "B-3" Highway/Regional Shopping District;
(c) Manufacturing/Industrial use permitted in the "M-R" Manufacturing/Research District;
(d) Business Parks as permitted in the "PB" Planned Business District; and
(e) Utility and municipal uses.
(E) Special uses. The Planned Unit Development is in itself a special use, where the following uses may be allowed by a "special use permit" in accordance with the provisions of § 159.176 of this chapter, and provided the uses are located on a lot of not less than ten acres with a minimum width of 400 feet and a minimum depth of 400 feet. If a special use permit is granted and portions of the property are sold reducing the lot size to less than four acres or reducing the width or depth of the property to less than 400 feet the special use permit will be deemed to have been revoked concurrent to that action.
(1) Special uses as listed in any residential district;
(2) Special uses as listed in the B-3 Highway/Regional Shopping District; and
(3) Special uses as listed in the M-R Manufacturing/Research District.
(F) Temporary uses. Upon application to and issuance by the Zoning Administrator of a permit thereof, the following use may be operated as a temporary use: processing, screening, washing yards and plants of the quasi-temporary nature connected with the construction of roads which are normally removed when a specific purpose is completed, are permitted under this classification after a permit is obtained from the Building Inspector. This permit shall be effective for a period not to exceed six continuous months and shall not be renewed for more than one successive period at the same location.
(G) Accessory uses. Accessory uses may include the following:
(1) Accessory uses, buildings, or other structures and devices customarily incidental to and commonly associated with a permitted or special use may be permitted, provided they are operated and maintained under the same ownership and on the same parcel, do not include structures or structural features inconsistent with the permitted or special use, and as regulated by §§ 159.020 and 159.003 under "Accessory Building or Use".
(2) Accessory uses may include the following:
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0508, passed 2-21-07)
In the development of a Planned Unit Development certain standards must be adhered to when designing the "General and Final Development Plans". Those standards are as follows:
(A) As a basis for determining the acceptability of a Planned Unit Development proposal, specific consideration shall be given as to whether or not it is consistent with the "Definition" and the "Intent and Purpose" of this section. That it has been prepared with competent professional advice and guidance in terms of planning, architecture and engineering and that it produces significant benefits in terms of improved environmental design;
(B) Specific lot size, density, open space, building location, height, size, floor area, building setbacks, parking, and other such requirements shall be based upon determination as to their appropriateness to the land uses and/or structures as they relate to the total environmental concept of the Planned Unit Development, and that they are consistent with the criteria set forth in this section and with those generally accepted as standards necessary to insure the protection of the general public health, safety and welfare. Such requirements shall be made a part of the approved "Final Development Plan" and shall be, along with the plan itself, be construed and enforced as a part of this chapter; and
(C) Engineering and subdivision design standards relative to street type, location and width, sidewalks, street lighting, infrastructure improvements, lot arrangement and other elements of site design shall be based upon the submission of detailed engineering drawings with standards showing the effectiveness of each element as it relates to the total plan. It is necessary for the plans to be consistent and compatibility with the existing land use patterns in the areas peripheral to the development. In no case shall minimal construction standards be less than those necessary to protect the general public health, safety and welfare. To this intent the specific provisions of the "Development Regulations, Chapter 158”. Precise standards proposed for the development shall be made a part of the approved "Final Development Plan" and shall be construed to be and enforced as part of this chapter.
(D) The following objectives shall be obtained through the use of the Planned Unit Development policies and procedures:
(1) To permit a maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of this and other village regulations pertaining to land development;
(2) To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities;
(3) To combine and coordinate architectural styles, building forms, and building relationships with a possible mixing of different urban uses in an innovative design;
(4) To encourage a pattern of development to preserve natural vegetation, topographic and geological features, and environmentally appropriate features;
(5) To provide for the prevention and control of soil erosion, surface flooding, and the preservation of subsurface water;
(6) To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development;
(7) To provide for more usable and suitably located recreation facilities, schools, and other public and private facilities;
(8) To promote the more efficient use of the land, resulting in more economically feasible networks of utilities, streets, and other facilities;
(9) To encourage a land use which promotes the public health, safety, comfort, morals, and welfare;
(10) To create a method for the permanent preservation of architectural and historic landmarks.
(E) The Planned Unit Development is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit. The Planned Unit Development should provide amenities not otherwise required by law, and often establishes facilities and open space greater than the minimums required by law;
(F) The Planned Unit Development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership lots, separate condominium ownership of structures, and/or other ownership methods that are considered appropriate for the subdivision of property. Also the development shall provide a plat of subdivision, which shall establish the location and extent of the features that will be incorporated into the Planned Unit Development.
(Am. Ord. 06-0369, passed 2-1-06)
Loading...