(A) Purpose and intent.
(1) Planned districts shall include residential, commercial, industrial, and mixed-use subdistricts: Planned Residential District (PRD), Planned Commercial District (PCD), Planned Industrial District (PID), and Planned Unit District (PUD).
(2) It is the intent of the Planned Districts to promote the progressive development of land and construction thereon and to encourage imaginative architectural design and layout, flexibility in building styles and types, and sensitivity to the natural environment.
(3) The planned districts are designed to guide development in an orderly, coordinated, and comprehensive manner that preserves natural quality and beauty and provides supporting community facilities in the development of diverse, sound urban environments consistent with accepted land planning, landscape architecture practices, and engineering principals. Such developments should:
(a) Provide a more useful pattern of open space and recreation areas;
(b) Preserve and utilize natural topography and geologic features, scenic vistas, trees, and other vegetation, while preventing disruption of normal drainage patterns;
(c) Provide a more efficient pattern of development that reduces investments in utility lines, streets, and similar infrastructure; and
(d) Promote a development pattern in harmony with the village’s land use objectives and priorities.
(B) Permitted uses. Land and buildings in the planned districts (PRD, PCD, PID, and PUD) shall be used only for the following purposes as indicated under each specific subdistrict:
(1) Planned Residential District (PRD).
(a) Residential dwellings: single-family, two-family, and multi-family dwellings and accessory uses and buildings in association with a permitted dwelling;
(b) Churches and other similar places of worship and parish houses, provided the use occupies a lot of not less than three acres and there is one acre or more per 100 seats or similar accommodations in the main assembly hall;
(c) Public uses: parks, playgrounds, recreation and community center buildings and grounds, golf courses, public swimming pools, tennis courts, and similar recreational uses;
(d) Home occupations in accordance with § 153.197; and
(e) Private kennels.
(2) Planned Commercial District (PCD). Uses permitted under the Neighborhood Commercial District (NC), General Commercial District (GC), and Suburban Office District (SO);
(3) Planned Industrial District (PID). Uses permitted under the Limited Manufacturing District (LM); and
(4) Planned Unit District (PUD).
(a) Uses permitted under the Planned Residential District (PRD); and
(b) Uses permitted under the Planned Commercial District (PCD) but limited to no more than 30% of the net developable site.
(C) Conditional uses. The following uses may be allowed in the planned districts (PRD, PCD, PID, and PUD) subject to approval in accordance with § 153.042 and as indicated under each specific subdistrict:
(1) Planned Residential District (PRD) and Planned Unit (PUD) District. Accessory structures used as private kennels; and
(2) Planned Industrial District (PID). Permitted uses under the General Commercial District (GC) and Suburban Office and Institutional District (SO) limited to 25% of the net developable site.
(D) Development standards.
(1) Minimum lot requirements. The minimum lot requirements of a parcel that can be zoned under the planned districts (PRD, PCD, PID, and PUD) is the following:
Development Standard | District | |||
PRD | PCD | PID | PUD | |
Coverage | NA | 45% | 50% | NA |
Maximum building height (feet) | 35 | 40 | 40 | 40 |
Minimum frontage (feet) | 250 | 250 | 400 | 600 |
Minimum lot area (acres) | 5 | none | 10 | 20 |
Minimum lot width (feet) | 350 | 350 | 500 | 750 |
(a) For each use the lot and building requirements of the appropriate district other than the planned district shall apply unless superseded in this chapter.
(b) Parking areas shall be no closer to the main structures than ten feet.
(c) 1. Under PRD and PUD, individual home sites, or clusters thereof, must be designated under one of the village’s zoning districts. If the Planning Commission determines that the proposed development complies with the intent of this chapter, it may waive the development standards of the corresponding zoning district in which the development is located. However, the requirement that property may be used only for the permitted uses in that zoning district may not be waived. In determining whether a deviation is justified, the Planning Commission shall determine the following:
a. Does the proposed plan provide a more useful pattern of open space and recreation area?
b. Does the proposed plan preserve and utilize natural topography and geologic features, scenic vistas, trees, and other vegetation while preventing disruption of normal drainage patterns?
c. Does the plan provide a more efficient pattern of development that reduces investments in utility lines, streets, and similar infrastructure which would be maintained by the village?
d. Does the proposed plan promote a development pattern in harmony with the village’s land use objectives and priorities? In making this determination, the Planning Commission may seek input from the Village of Corwin, Wayne Township, and Wayne Local Schools.
2. The project area of a planned unit development includes all of the land within the planned unit residential and commercial district excluding public rights-of-way. The Planning Commission shall determine the number of dwelling units which may be constructed within the district by dividing the project by either of the following:
a. The required lot area per dwelling taking into account the entire proposed zoning district of the area that is the subject of the planned unit development;
b. The required lot area per dwelling unit assuming the entire proposed area is zoned R-l, as modified by an increase in density up to 15% assuming that the developer has met the following goals:
I. Public open space, be it undeveloped or improved, above the minimum amount required;
ii. Distinctions and excellence in site design and landscaping; and
iii. A significant improvement to the infrastructure which benefits the Village of Waynesville, Wayne Township, or Wayne Local Schools.
c. Whenever there is a request to increase density, the Planning Commission may examine the following:
I. Traffic congestion in the streets which adjoin the planned residential development; and
ii. An excessive burden on parks, recreational areas, schools, and other public facilities which serve or are proposed to serve the planned residential development.
d. If the Planning Commission finds an adverse effect, it may prohibit an increase in density or limit the increase in density to avoid the creation of adverse impact on schools, parks, and other public facilities.
(d) Under PRD and PUD, adjacent single-family and two-family homes shall not have identical facades relative to style and color, and all residential building front yard setbacks shall meet the applicable district requirement and be staggered.
(2) Site development standards. The following site development standards shall apply in the Planned Districts (PRD, PCD, PID, and PUD):
(a) The applicable sections of the subdivision regulations (see Chapter 152 of these codified ordinances) and the off-street parking, sign, and landscaping regulations of this Zoning Code shall apply;
(b) The traffic and parking system shall meet the requirements relative to access as indicated in §§ 153.230 through 153.237. Access points shall be kept to a minimum to reduce traffic congestion and mitigate potential conflict points. Vehicular and pedestrian conflict points shall also be minimized;
(c) Under PCD and PUD, where applicable, the parking system shall be so designed as to discourage single large unbroken paved lots for off-street parking and shall encourage smaller defined parking areas within the total parking system. Such defined parking areas should be delineated and accented by landscaped areas. Parking aisles, whenever possible, shall be oriented perpendicular to the building fronts;
(d) The maximum PRD and PUD density shall be five dwelling units per acre based upon the number of units proposed divided by the net developable site (including open space);
(e) Under PRD and PUD, a minimum of 20% of the net site (gross site minus publicly dedicated streets and alleys) shall be set aside as public open space. Such open space shall be used for such public purposes as a natural area, recreational area, or the site of a community or school facility;
(f) Under PCD and PUD, where applicable, all service and delivery shall be made to the rear of the structure or use unless special design treatment or circumstances warrant an alternative, but only with the approval of the Planning Commission. Landscaping and screening requirements of §§ 153.275 through 153.281 shall apply;
(g) Under PRD and PUD, the location and arrangement of areas of various density shall be so designed as to balance higher density areas adjacent to open space. Residential densities within PRD and PUD shall equal to or be less than the residential density in adjacent and abutting residential zoning districts;
(h) Under PRD and PUD, private roads as a common easement may be used to provide access to clustered lots and/or structures serving residential uses in accordance with the following:
1. The easement shall not be counted as required open space;
2. The easement does not serve an area larger than two acres, except that such area will contain six dwellings or less; and
3. Approved as a part of the subdivision plat as the most appropriate form of access to the lots and/or structures.
(j) Under PCD, PID, and PUD, where appropriate, whenever multiple structures are to be located on the site and the site abuts a collector or arterial street, access onto the collector or arterial shall be via interior local streets or marginal access (frontage) roads. All uses within the PCD, PID, and PUD shall derive their access from the interior streets in the district, unless specific exemptions are made as a part of the approved development plan;
(k) Drainage and runoff from the proposed development shall not cause property damage. All drainage improvements shall be designed in conformance with the requirements of the village’s subdivision regulations (see Chapter 152 of these codified ordinances) and shall be approved by the Village Engineer prior to development plan approval;
(l) Details regarding sanitary sewage collection and disposal and water supply techniques to be utilized shall be addressed in the development plan, together with letters of approval from the pertinent local, state, and, if applicable, private agencies, and approved by the Village Engineer prior to development plan approval;
(m) Under PCD and PUD, no unscreened outside storage shall be permitted and no rubbish or debris of any kind shall be placed or permitted to accumulate on any portion of the parcel or lot so as to render any portion of the property unsanitary, unsightly, or detrimental to the public health, safety, or welfare;
(n) All utilities shall be placed underground; and
(o) Public nuisance regulations under § 153.192 shall apply.
(E) Application procedure.
(1) Application to be made. Written application and submittal of a development plan for a planned district shall be made by property owners, lessees, persons having an interest in the property, or duly authorized agents of owners, lessees, or persons having an interest in the property, to the Planning Commission.
(2) Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(3) Application contents. The application, on a form to be provided, for a planned district shall contain as a minimum:
(a) Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;
(b) A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;
(c) The proposed zoning district, the proposed uses, the present uses, and the present zoning district of the properties;
(d) A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses shall correspond to the County Auditor’s current tax list;
(e) A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone;
(f) Applicant shall show evidence of sufficient control over the land to effectuate the development plan such as property rights, economic resources, and engineering feasibility as may be necessary; and
(g) Evidence that the applicant has sufficient control over the land to effectuate the proposed development.
(4) Concept plan. A concept plan drawn to scale shall be prepared by a registered architect, registered engineer, and/or a registered landscape architect. Such concept plan shall be in map form with accompanying text and shall contain the following information as a minimum:
(a) Selected uses in accordance with divisions (B) and (C) of this section by area or specific building location, allocation of land use by type as measured in acres, adjacent existing land use, right-of-way, and relationship to adjacent land use;
(b) General location of thoroughfares, including type, as well as location and size measured in number of parking spaces for all off-street parking areas, including curb cuts;
(c) Open space and the intended uses therein and acreage provided;
(d) Residential land uses shall be summarized by lot size, dwelling type, and density;
(e) Topographical contours with two-foot intervals;
(f) Existing roads, buildings and permanent facilities, easements, right-of-way and abutting property boundaries, and existing and proposed utilities;
(g) Jurisdictional boundaries;
(i) Surface drainage and areas subject to flooding.
(5) Development plan. A development plan drawn to scale shall be prepared by a registered architect, registered engineer, and/or a registered landscape architect. Such development plan shall be in map form with accompanying text and shall contain the following information as a minimum:
(a) Selected uses in accordance with divisions (B) and (C) of this section shall be specified by area or specific building location, and an explanation regarding specific compatibility of each proposed use with the immediate area shall be attached;
(b) A survey map of the boundary of the area being requested for zoning map amendment;
(c) A preliminary drainage plan, showing topographical contours in two-foot intervals, and general locations of proposed improvements;
(e) Soil types found on the subject tracts based upon the applicable county soil survey;
(f) Existing roads, streets, and easements within the subject tract. Off-site contour and easement locations shall be provided where necessary to determine special off-site circumstances as they relate to the development or off-site features affected by the development;
(g) Names and firms of professionals that prepared the development plan;
(h) Proposed features, including as a minimum:
1. Information that the development concept conforms to all applicable standards of the planned district;
2. Proposed location and approximate size of all structures and ancillary uses, except for single-family residential structures and related accessory structures;
4. A detailed parking layout, where applicable, shall be provided that includes the number of spaces provided by total number on-site and summed by row, and access points and expected movement through and between separate parking lot areas. Dimensions of the above shall also be provided. For PCD and all commercial uses in another planned district, expected pedestrian access routes from parking areas to stores shall be indicated;
5. An analysis of potential traffic impacts that will result from the proposed development following standard traffic assessment techniques and references, with one outcome an estimate of street and other traffic improvements necessitated by the development;
6. A list of specific restrictions applicable to the area being considered for zoning map amendment which are designed to fulfill the concept proposed, including prohibited uses, any additional limiting text, and proposed deed restrictions;
8. The proposed provision of all utilities, storm drainage collection, trash collection systems, and street lighting system shall be specifically detailed;
9. Architectural renderings and accompanying narrative to discuss in detail the design treatment of all buildings and structures except single-family and two-family structures. Conceptual renderings as an example of single-family and two-family structures shall be provided;
10. Under PID, a narrative shall be provided indicating the nature of all activities to be carried on and expected levels of noise, dust, smoke, glare, odor, or vibration to result from the normal operation of the specific industrial activity. Future uses that are a change from approved uses and any internal expansions shall require the approval of the Planning Commission;
12. Proposed schedule of site development indicating all phases of the development plan by phrase, indicating a summary of land use and dwelling units by time frame; and
13. All deed restrictions and covenants.
(i) Any other additional information requested by the Planning Commission or Village Council.
(F) Criteria for review. The Planning Commission shall, at a minimum, consider the following factors in the review of the application:
(1) Compatibility of the proposed amendment to adjacent land use, adjacent zoning, and to appropriate plans for the area;
(2) Relationship of the proposed amendment to access and traffic flow;
(3) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity, and general welfare; and
(4) Relationship of the proposed uses to the adequacy of available services and to general expansion plans and planned capital improvements.
(G) Review procedure.
(1) Filing of application. Fifteen copies of a completed application and concept plan shall be submitted to the Director of Inspection and Engineering at least seven days prior to the Board’s next scheduled meeting. Prior to accepting such submittal, the Director shall review the submittal and determine whether such submittal is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director, shall result in a refusal of acceptance.
(2) Technical Review Group. The Technical Review Group shall review and comment on applications in accordance with the provisions of § 153.038.
(3) Concept plan. The application and concept plan shall be submitted to the Director for consideration by the Planning Commission. The concept plan shall be forwarded by the Director to the Village Engineer, Utilities Director, County Soil and Water Conservation District, and Township Fire Department for review and comments.
(4) Public hearing. A public hearing of the Planning Commission shall be set for not more than 45 days from the date of acceptance of a complete application and concept plan. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.
(5) Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the Planning Commission will render a decision on the concept plan and forward same to the Village Council for informational purposes.
(6) Notice to property owners. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the village, certified mail, at least 30 days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted. The list of addresses may correspond to the County Auditor’s current tax list. Notice shall correspond to division (G)(5) of this section in content.
(7) Action by Planning Commission.
(a) Within 31 days of the public hearing, the Planning Commission shall review the concept plan and make one of the following actions of the majority of members of such Commission:
1. Approval of the concept plan as requested;
2. Approval of the concept plan with modifications; or
3. Disapproval of the concept plan.
(b) The Planning Commission will forward one copy of the concept plan and action thereon of the majority of the members of such Commission to the Village Council for their information.
(8) Development plan submittal.
(a) No later than 12 months from the date of the Planning Commission’s action to approve or approve with modification a submitted concept plan, the applicant may submit 15 copies of a completed application and development plan to the Director of Inspection and Engineering at least seven days prior to the Board’s next scheduled meeting. Failure to submit an application and development plan within this time frame shall render the approved concept plan null and void.
(b) Prior to accepting such submittal, the Director shall review the submittal and determine whether such submittal is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director, shall result in a refusal of acceptance.
(9) Public hearing. A public hearing of the Planning Commission shall be set for not more than 45 days from the date of the acceptance of a complete application and development plan to amend the official zoning map. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(10) Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing, the Planning Commission will forward a recommendation on the development plan to Village Council for final action.
(11) Notice to property owners. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the village, by certified mail, at least 30 days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted. The list of addresses may correspond to the County Auditor’s current tax list. Notice shall correspond to division (G)(5) of this section in content.
(12) Action by Planning Commission. Within 31 days of the public hearing, the Planning Commission shall review the application and development plan and forward one of the following recommendations of the majority of the members of such Commission to Village Council:
(a) Recommend amendment be granted as requested;
(b) Recommend a modification of amendment; or
(c) Recommend amendment not be granted.
(13) Public hearing of the Council. Upon receipt of such recommendation, the Village Council shall schedule a public hearing within 45 days of the receipt. Nothing in this section shall prevent the Council from continuing a public hearing.
(14) Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a summary of Planning Commission recommendation.
(15) Notice to property owners. Written notice of the hearing shall be mailed by the village, by certified mail, at least 30 days prior to date of public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted. Notice shall correspond to division (G)(10) of this section in content and mailing addresses.
(16) Action by Village Council.
(a) Within 31 days after the public hearing, Council shall adopt or deny the recommendation of Planning Commission or adopt a modification thereof. To reverse or modify recommendation of the Board, the affirmative vote of five members of Council is required.
(b) An application for amending this chapter that has been disapproved by Village Council shall not be resubmitted to the village for reconsideration until after one year of the date of such disapproval by Council.
(17) Expiration. Failure to develop a minimum of 20% of the approved improvements, including right-of-way, infrastructure, and structures, on the subject properties within two years of the date of approval by Village Council or completed within the submitted and approved time frame shall result in a consideration of repeal of the approved zoning by Village Council.
(18) Platting.
(a) The creation of new parcels under any subdistrict shall be subject to platting under the subdivision regulations (see Chapter 152 of these codified ordinances). Failure to submit an application for platting no later than 12 months from the effective date of the rezoning or in accordance with the submitted and approved time frame shall render the zoning null and void and the property shall revert to its previous zoning. Following a show of cause by the applicant, the Village Council may grant an extension beyond the 12-month platting requirement.
(b) To reduce the length of the review and approval process, a preliminary subdivision plan can be submitted simultaneously with the development plan for rezoning to the planned district to initiate both rezoning and subdivision processes. A final subdivision plat cannot be submitted for review until an amendment to PRD, PID, PCD, or PUD has been approved by Village Council and such amendment has become effective.
(Ord. 96-152, passed 10-7-1996; Ord. 2006-008, passed 7-5-2006)
Cross-reference:
Ground satellite stations, see § 153.198
Home occupations, see § 153.197
Subdivision design standards, see Chapter 152
Swimming pools, see § 153.190