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Wellington Overview
Codified Ordinances of Wellington, OH
CODIFIED ORDINANCES OF WELLINGTON, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 1990-32
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Planning
TITLE THREE - Zoning Administration
TITLE FIVE - Zoning Districts and Regulations
TITLE SEVEN - Additional Zoning Requirements
APPENDIX A ZONING MAP CHANGES
APPENDIX B Zoning District Uses
TITLE NINE - Subdivision Regulations
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1165.02 GENERAL REQUIREMENTS AND PUD DISTRICT DESIGNATION.
   Subsequent to the approval of the Municipal Council, the designation of PUD may be applied to any existing zoning district, with the limitations described herein. There are two (2) types of PUDs:
   (a)   A PUD may be a predominantly residential development and, in which case, is referred to as a PUD-RS. A PUD-RS may only be applied to an existing residential district. The tract of land proposed to be developed as a PUD-RS must be owned, leased, or controlled by one (1) person or single entity and must be at least five (5) contiguous acres in size.
   (b)   A PUD may also be a mixed use development, referred to as a PUD-MX. A PUD- MX may be applied to any existing non-residential zoning district. The tract of land proposed to be developed as a PUD-MX must be owned, leased, or controlled by one (1) person or single entity and must be at least five (5) contiguous acres in size.
   (c)   A PUD must conform to the existing comprehensive and thoroughfare plans.
   Upon the approval of the final development plan according to this chapter, the Official Municipal Zoning Map shall be amended to designate the property “PUD-RS” or “PUD-MX.”
1165.03 PERMITTED USES.
   The permitted uses in both the PUD-RS and PUD-MX district are as set forth below:
   (a)   Permitted Uses - PUD-RS.
An applicant may propose to include any mixture of permitted or conditional uses in any existing residential district. Additionally, an applicant may propose land uses which are allowed as a permitted use in the GB district, provided that not more than twenty-five percent (25%) of the net acres in the development is devoted to non-residential uses.
   (b)   Permitted Uses - PUD-MX.
An applicant may propose to include any mixture of non-residential land uses in a proposed PUD-MX development, provided that at least sixty percent (60%) of the net acres in the development are devoted to uses permitted in the district(s) applying to the property at the time of application. If the subject property is being annexed into the municipality and no existing zoning district is applicable, any combination of non-residential land uses may be proposed.
1165.04 GENERAL DEVELOPMENT STANDARDS.
   The following standards represent broad parameters under which all PUD developments must be designed:
   (a)   Central Water and Sewer Facilities.
All structures in developments approved as a PUD must be served by central public water and sewer facilities. (No package waste water treatment plants or separate water supply systems, private or public.)
   (b)   Development Layout and Design.
The design and layout of all PUDs shall display excellence in design by properly considering significant site features, such as topography, natural drainage patterns, roadway access and circulation, surrounding land uses, and general public welfare to result in desirable land development. Attractive landscaped buffers shall be provided between incompatible land uses and activities.
   (c)   Front, Side, and Rear Setback Standards for Perimeter Lots.
All lots that are located along the perimeter of the PUD shall have minimum front, side and rear setbacks equal to those that would normally be specified in the zoning district prevailing at the time of application for PUD approval or twenty-five feet (25 ft.), whichever is greater.
   (d)   Off-Street Parking and Loading Facilities.
For all land uses located within the PUD, the parking and loading standards contained in Chapter 1143 shall be applied.
1165.05 RESIDENTIAL (PUD-RS) DEVELOPMENT STANDARDS.
In addition to the general development standards described in Section 1165.04 above, residential PUDs shall meet the following development standards:
   (a)   Clustering Residential Development and Required Open Space.
Clustering residential density is encouraged to provide required common open space. A minimum of twenty percent (20%) of the land developed for residential purposes in a PUD-RS project shall be reserved for common open space. This required amount of common space shall be established as common open space, under one ownership, and provision shall be established for maintenance and care. The legal articles relating to any organization of property owners in the development charged with such open space maintenance shall be submitted to the Municipality and publicly recorded with Lorain County Recording Office. The Municipal Council may require as a condition of final approval, any evidence deemed necessary to document that the required common space will remain in its stated condition as long as the development exists (including such as legal documents, deed restrictions, conservation easements, etc.).
   (b)   Clustering Residential Density.
To achieve a clustering of residential density and to provide for the required common open space, the lot area requirements for residential land uses may be reduced from the densities required under the district(s) applying to the property at the time of application by up to twenty percent (20%). The lot width and yard requirements for residential lots may also be reduced as needed to accommodate a variety of structural patterns, clustering designs, and housing types.
   (c)   Residential Dwelling Types.
Along with clustering residential density, a PUD-RS may include a mixture of dwelling types, including single-family detached dwellings, two-family units, zero lot-line units, and multiple-family units provided the maximum density requirements of Section 1165.05 (b) are not exceeded.
1165.06 GENERAL PUD APPROVAL PROCEDURE.
   The applicant for a PUD is encouraged to informally present conceptual plans to both the Planning Commission and Municipal Council for review prior to extensive engineering. Plans may include the proposal to phase construction of the PUD development. Property proposed to be developed as a PUD must be rezoned to PUD; and the decision to approve a final development plan and to rezone a property to PUD are done concurrently. The PUD review process must satisfy all of the applicable requirements of Section 1123.02
1165.07 FINAL PLAN.
   The applicant for a PUD shall submit twelve (12) copies of the proposed Final Plan to the Responsible Authority along with the required application fee.
   (a)   The final plan shall include the following:
      (1)   The specific description of permitted, conditionally permitted, and accessory uses to be allowed in each area of the development.
      (2)   A copy of proposed deed restrictions.
      (3)   The final plan shall be drawn to illustrate:
         A.   A survey and legal description of the proposed development site, showing dimensions and bearings of the property lines; area in acres, topography (at two foot [2 ft.], contour intervals); and existing features of the development site, including major wooded areas, streets, easements, utility lines, existing land uses.
         B.   The location and dimensions of all lots, setbacks, and building envelopes.
         C.   Conceptual drawings of sewer and water facilities, as well as street and drainage systems.
         D.   A table indicating acreage devoted to various development types.
      (4)   Landscaping plan for all buffers and other common areas.
      (5)   Architectural guidelines to apply throughout the development.
      (6)   The proposed names of all interior streets proposed for the development.
      (7)   Layout and dimensions of all parking and loading areas along with an indication of what they are to be built to serve.
      (8)   A description of the expected timing of the development with phasing.
      (9)   Development name.
In addition to the above, the Municipal Council may require additional information, including environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures. The applicant shall be responsible for reasonable expenses incurred by the Municipality in reviewing final development plans. Such expenses are beyond application fees established by the Municipality and may include professional service fees such as legal expenses or fees from other professionals, such as engineers, landscape architects, planners, or environmental scientists incurred in connection with reviewing the plans submitted.
   (b)   Final Plan and Rezoning Approval Procedure Process.
The decision to rezone land to PUD and to approve the final plan are accomplished concurrently. All PUD final plan submissions are deemed to be an application for amendment to the Zoning Code according to Chapter 1119. All procedures (Planning Commission Review, public hearings and action by the Council), therein shall be followed in considering an application for a rezoning of the land in question to PUD. Upon approval of such plan and rezoning, the Municipal Zoning map shall be amended to designate the project area as “PUD-RS” or “PUD-MX.” Thereafter, with the concurrent approval of the rezoning and final plan pursuant to the criteria stated in Section I, all development restrictions and conditions described in the final plan shall become official requirements of the PUD.
   (c)   Criteria of Approval - Final Plan.
The Planning Commission and Municipal Council shall review the proposed Final Plan according to the following criteria:
      (1)   That the proposed document is in conformity with the goals and objectives of the master plan.
      (2)   That the proposed development advances the general health, safety, and morals of the Municipality.
      (3)   That the interior road system, proposed parking, and any off-site improvements are suitable and adequate to carry anticipated traffic generated by and within the proposed development.
      (4)   That any exception from standard district requirements can be warranted by design and other amenities incorporated in the final development plan according to these PUD requirements.
      (5)   That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
      (6)   That the existing and proposed utilities, including water and sewer service, and drainage plan will be adequate for the population densities and non- residential uses proposed in the PUD.
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