(a) Lot and Density Regulations.
(1) The Planning Commission and City Council shall have the authority to restrict densities based on the compatibility of the development with surrounding development, the scale of the overall project, traffic impacts, and recommendations from the Comprehensive Plan
(2) Each principal building shall have its own private yard.
(3) Residential uses shall have minimum lot sizes as follows:
A. Single-family dwellings shall have a minimum lot area of 6,500 square feet.
B. Two-family dwellings shall have a minimum lot area of 8,500 square feet.
C. Multi-family dwellings shall have a minimum lot area of 6,500 square feet for the first dwelling unit and 2,000 square feet for each additional dwelling unit.
(4) The maximum gross density of a PUD with only residential uses shall be twelve (12) units per acre.
(5) The PUD Preliminary Development Plan shall illustrate lot areas and setbacks (e.g., building area for each lot) for each lot.
(6) Every building in a PUD shall have access either to a street, walkway, or other area dedicated to common use.
(7) 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. There shall be a minimum front yard setback of twenty (20) feet and a minimum rear yard setback of twenty-five (25) feet for all residential dwelling units.
B. The minimum side yard setback shall be ten (10) feet for single-family and two-family dwellings.
C. The minimum distance between principal buildings other than single-family and two-family dwellings shall not be less than fifteen (15) feet or one-half the height of the higher structure, whichever is greater.
D. For multi-family dwellings, principal buildings should be oriented in a manner that will provide the most privacy to individual dwellings through creative placement, building orientation, and increased separation.
(b) Design and Development Standards. Where this code provides for design and development standards (e.g., parking, landscaping, architectural standards, etc.) not specifically addressed in this chapter, development within a PUD shall comply with the applicable standard found elsewhere in the code.
(1) Illumination. All development shall comply with the outdoor lighting standards of Section 1113.03 unless the Planning Commission and City Council allows for modification of the standards.
(2) Off-Street Parking and Loading. All development shall comply with the requirements of Chapter 1121: Parking, Access, and Connectivity unless otherwise approved by the Planning Commission and City Council where shared parking, on-street parking, or other arrangements will not necessitate as much parking.
(3) Landscaping and Screening.
A. All uses in a PUD shall comply with the applicable landscaping and screening requirements of Chapter 1119: Landscaping and Screening, which shall be established as the minimum landscaping and screening requirements.
B. All development and common open space shall be landscaped according to an overall coordinated plan, utilizing a variety of trees, including evergreen type trees whenever possible to maximize screening potential year-round. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances.
C. The amount of landscaping shall be comparable to the intensity of the development proposed to soften the developed areas. Particular care shall be taken to introduce trees and other landscaping into parking and other paved areas that are sustainable given the proximity to large expanses of pavement.
D. 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.
E. Project Buffer.
i. PUDs that contain nonresidential uses or residential uses of a higher density or intensity than 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 thirty-five (35) feet in width unless otherwise approved by the Planning Commission and City Council.
ii. The buffer area shall be maintained by the land owner or owners' association in such a manner as to insure its effectiveness.
iii. The project buffer area shall not be included in the calculation for the lot area of any private lot.
(4) Common Open Space.
A. Common open space shall be required in all applications where there is a proposed PUD that contains any residential uses.
B. The common open space requirements for a PUD shall be based on the proposed residential density and shall be in accordance with Table 1109-1.
C. In the case of phased developments, open space shall be provided in proportion with each developed phase.
TABLE 1109-1: PUD COMMON OPEN SPACE REQUIREMENTS | |
Proposed Residential Density (Gross Density) | Common Open Space Requirements |
Under 4 Dwelling Units per Acre | 10 Percent |
4 to 8 Dwelling Units per Acre | 15 Percent |
Over 8 Dwelling Units per Acre | 20 Percent |
D. The percentage of open space shall be based on the gross site area of the proposed project, including all rights-of-way.
E. When open space is required, such space should be designed in a manner that is beneficial to the entire development and is not solely land that is not developable or that appears to be an extension of proposed lots. Such design shall be as approved by the Planning Commission and City Council during the PUD Preliminary Development Plan review.
F. Retention or naturalized stormwater management areas that are designed to be an amenity (e.g., improved ponds, decorative features, etc.), may be considered as open space if approved by the Planning Commission and City Council during the PUD Preliminary Plan review.
G. The following areas shall not be counted toward compliance with open space requirements:
i. Private and public roads, and associated rights-of-way;
ii. Public or private parking spaces, access ways, and driveways related to any residential use;
iii. Required minimum spacing between buildings and required yard setbacks;
iv. Vehicular use areas;
v. Land that is subject to pre-existing conservation easements or other similar protected open spaces;
vi. Above-ground buildings, pipes, apparatus, and other equipment for community or individual use, septic or sewage disposal systems;
vii. Stormwater areas that are not designed as an amenity pursuant to Section 1109.06(b)(4)F, above.
viii. Substations and public utility easements;
ix. 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 Commission, the City Council or the Director of Community Development, as may be applicable based on the review procedure.
H. All common open space shall be designed in accordance with the following:
i. 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.
ii. 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.
iii. 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 regarding its topography and unimproved condition.
iv. Where appropriate, open space should be arranged in order to provide connections to existing or future open space areas, trails, or similar features on adjoining parcels.
(5) Protection and Maintenance of Common Open Space. Adequate provision shall be made for the long-term maintenance and/or operation of all common open space in accordance with this section.
A. Reclamation of Disturbed Open Space. Any required land areas designated for use as open space that are disturbed during construction or otherwise not preserved in their natural state, shall be landscaped with non-invasive vegetation that appeared in those respective areas prior to construction or with other native vegetation. The planting of invasive plant species is prohibited.
B. Future Subdivision and Development of Open Space. All required open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the City of Sharonville and duly recorded in the office of the Hamilton or Butler County Recorder, as applicable. Subject to permanent restrictions as set forth above, required open space in an open space residential subdivision shall be owned by a homeowners' association, a land trust or other conservation organization, or by a similar entity recognized by the City of Sharonville. Required open space may be held by the individual members of a homeowners' association as tenants-in-common or may be held in common ownership by a homeowners' association, community association, or other similar legal entity.
C. Conservation Easements. With the permission of the City of Sharonville, the owner(s) of required open space may, in accordance with the applicable provisions of the ORC, grant or transfer a conservation easement to any entity described in the ORC, provided that the entity and the provisions of the conservation easements are acceptable to the City of Sharonville. When a conservation easement is proposed as the method of restricting further subdivision of land designated as open space, the City of Sharonville shall be named as a party to such conservation easement with approval authority over any changes thereto. The conveyance must contain appropriate provision for assignment of the conservation easement to another entity authorized to hold conservation easements under the ORC, in the event that the original grantee becomes unwilling or unable to ensure compliance with the provisions of the conservation easement.
D. Homeowners' Associations. The following shall apply where a homeowners' association will be established to maintain any open space or other common areas as required by this article:
i. A homeowners' association shall be established to permanently maintain all open space, common areas and conservation easements related to the open space unless such open space is preserved in another manner allowed by this chapter.
ii. All homeowners' association agreements shall be submitted for approval as part of a zoning certificate, conditional use, planned unit development application, as applicable. Copies of the proposed covenants, articles of incorporation, and bylaws of the association shall be submitted with said agreements. No set of proposed covenants, articles of incorporation, or bylaws of a homeowners' association shall permit the abrogation of any duties set forth in this section.
iii. All homeowners' associations shall guarantee maintenance of all open space and common areas within the boundaries of the development. In the event of a failure to maintain such open space or common areas, the City may do any of the following:
a) If the open space or common area is owned by the City, a City-approved land trust or other qualified organization, county, state or park district, the City may remedy the failure to maintain at its own cost and seek reimbursement from the homeowners' association, or seek to enforce the homeowners' association's duty to maintain through an injunction or any other civil remedy.
b) If the open space or common area exists pursuant to a conservation easement to which the City is a party, the City may seek to enforce the terms of the conservation easement as provided in Section 1109.06(b)(5)C.
iv. If the open space or common area is owned jointly or in common by the owners of the building lots, or by any other owner of the property to be maintained, the City may seek to enforce the association's nonperformance of its obligations and duties through an injunction or any other civil remedy.
(6) Signs.
A. Signs shall be integrated into the building and landscaping plans to enhance the overall appearance while providing adequate identification of the development.
B. The requirements of Chapter 1123: Signs, may only be waived as part of the approval of the preliminary PUD plan when the applicant submits a master sign plan for the entire PUD. In such cases, the master sign plan shall not allow for more than a ten percent (10%) increase in the total sign area allowed in Chapter 1123: Signs.
(7) Development Layout. Dwelling units shall be grouped or clustered to provide interest and diversity in the arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping. Streets and cul-de-sacs shall be laid out so as to discourage through and high-speed traffic unless such through street is needed to be in compliance with the approved City plans.
(8) Vehicular Access Points.
A. Adequate and properly arranged facilities for internal pedestrian and traffic circulations shall be provided.
B. Topography, landscaping and existing vegetative clusters shall be utilized as necessary to make the project attractive and provide screening between areas of substantially different character.
C. The street and thoroughfare network shall be designed to minimize truck and through traffic passing through residential areas of the development.
D. A minimum of two ingress and egress points shall be provided for any PUD. If a PUD is phased, each phase shall have a minimum of two ingress and egress points at the time of construction.
E. Where a PUD is located adjacent to a vacant lot, connections shall be planned for the future connection to the future development of the vacant lot unless otherwise approved by the Planning Commission and City Council. Where such connections are made, a temporary turnaround may be established and the future connection shall be noted on the PUD Final Development Plan and the final subdivision plat. An easement shall be provided on the final plat of the subdivision to keep the land open in perpetuity for the connection.
(9) Circulation Plan.
A. The circulation system and parking facilities shall be designed to fully accommodate the automobile with safety and efficiency. Any driveway to arterial and collector streets shall be placed at locations where the traffic can be controlled and operated effectively with the minimum interference with the capacity and flow of the existing streets.
B. An interconnecting walkway system shall be designed to promote easy and direct barrier-free access, using accepted criteria, to all areas of the development in a carefully conceived total service plan while also considering the security of the residents in the design. Wherever possible, the vehicular and pedestrian circulation patterns shall be completely separate and independent of one another.
C. A PUD shall consider bicycle plans adopted by the City and/or a regional agency, where applicable, on or adjacent to the site. A component of the bike plan which is proposed within a planned unit development shall be assured for public access by easements, agreements or covenants as may be appropriate after review by appropriate departments and approval by Council.
(c) Improvement Standards.
(1) Subdivision Compliance. Unless alternative standards are approved as part of a subdivision modification, all PUDs shall comply with the applicable subdivision improvement and design standards established in Chapter 1125: Subdivision Design.
(2) Streets. All streets proposed within a PUD shall be public streets, dedicated to the City of Sharonville in accordance with the applicable subdivision regulations, unless otherwise approved by the Planning Commission and City Council as part of the PUD Preliminary Development Plan approval.
(Ord. 2022-22. Passed 5-10-22.)