Anna City Zoning Code
PLANNED UNIT
DEVELOPMENT REGULATIONS
§ 153.090 STATEMENT OF INTENT.
(A) It is the intent of the Planned Unit Development (PUD) Districts to allow space in the village for innovative developments that do not lend themselves to traditional development standards and to provide a flexible process to review these development proposals while ensuring that they are compatible with other uses in the village.
(B) The Planned Unit Residential District (PRD) will allow a wide range of housing opportunities to develop in the village.
(C) The Planned Unit Mobile Home Park District (PMHP) will allow the option of mobile homes in the village in a well-organized way compatible with the character of the surrounding area.
(D) The Planned Commercial District (PCD) will allow retail development in a cluster or shopping center type layouts and will encourage new types of retail centers in places of “strip” developments.
(E) The Planned Industrial District (PID) will allow industrial uses to develop in ways that promote efficiency and are compatible with surrounding uses.
(Ord. 1227-98, passed 1-12-1999)
§ 153.091 GENERAL PUD DISTRICT REQUIREMENTS.
All PUD developments shall comply with the general requirements and with those requirements specifically applicable to their development type.
(A) Open space.
(1) There shall be reserved, within the tract to be developed on a planned unit basis, a minimum land area of 20% of the tract for use as common open space. No more than 50% of this open space shall be water surface and not more than 40% of the open space shall have a slope of 10% or greater. This common open space shall not consist of isolated or fragmented pieces of land that would serve no useful purpose.
(2) Pedestrian walkways, bikeways, parkland, open areas, swimming pools, tennis courts and other lands of essentially open character may be included in this common open space, exclusive of off-street parking areas.
(3) If the Planning Commission determines that sufficient open space is available in the area, the Commission may determine that the developer can pay a fee in lieu of holding space open. This fee schedule will be determined and approved by the Planning Commission and Village Council.
(B) Preservation of natural resources.
(1) Where significant natural features, such as large trees, woodlots, streams, ponds, wildlife
habitat or other landscape features, are present on the site, these features shall be preserved wherever possible.
(2) These areas may fulfill open space requirements where the specified open space criteria can be met.
(C) Utilities. All electrical and telephone facilities, street light wiring and other wiring conduits and similar facilities shall be placed underground by the developer, unless otherwise permitted by the Planning Commission for technical reasons.
(D) Preservation of historical structures.
(1) Where significant historical structures, such as bridges, stone walls and buildings, are present on the site, these structures shall be preserved wherever possible.
(2) These areas may fulfill the open space requirements where the specified open space criteria can be met.
(3) The historic structures shall not be calculated as part of the impervious surface.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.092 PRD PLANNED RESIDENTIAL DISTRICT.
(A) Area requirements. All Planned Residential Districts shall be a minimum of five acres in size.
(B) Permitted uses.
(1) Single-family dwellings.
(2) Double-family dwellings.
(3) Multi-family dwellings.
(4) Schools.
(5) Churches.
(6) Parks.
(7) Golf courses.
(8) Rest homes/nursing homes.
(9) Hospitals/community centers.
(C) Accessory uses.
(1) Garages/sheds.
(2) Satellite receiving stations.
(3) Swimming pools.
(4) Game courts.
(D) Site requirements.
(1) There shall be a setback of 50 feet maintained around the total perimeter of the development, which is landscaped to provide a buffer that is 75% opaque when adjacent residential uses and 100% opaque when adjacent commercial and industrial uses from the ground to at least six feet above the ground. Earthen mounds may be used as part of the buffering system.
(2) Detached principal structures shall be a minimum of 15 feet away from one another.
(3) Private accessory structures and uses shall not be located on common open space and shall be a minimum of 15 feet away from all structures other than the principal structure they are associated with.
(4) All structures shall be located at least 25 feet back from all public and private roads.
(5) No residential structure or cluster of attached buildings shall have more than 300 linear feet of frontage.
(E) Density requirements.
(1) Residential structures shall be allowed in the Planned Residential District at up to five units per acre.
(2) This shall be calculated as the total number of dwelling units per the total acreage of the site.
(3) Clustering of units may be used; however, in no case shall a portion of the site be substantially higher in density than any other portion on the site.
(F) Height requirements.
(1) No residential structure shall be more than three stories or 35 feet in height.
(2) No accessory structure shall be more than one story or 15 feet in height.
(3) No institutional or community service use shall be more than three stories or 45 feet in height.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.093 PMHP PLANNED MOBILE HOME PARK DISTRICT.
(A) Area requirements. All Planned Mobile Home Park Districts shall be a minimum of five acres in size.
(B) Permitted uses. Mobile home dwellings.
(C) Accessory uses.
(1) Storage sheds.
(2) Satellite receiving stations.
(D) Site requirements.
(1) There shall be a setback of 50 feet maintained around the total perimeter of the site. This setback shall be landscaped to provide a moderate buffer of 65% opaque year-round.
(2) Each individual mobile home site shall have a minimum of 3,600 square feet in area.
(3) All mobile home structures shall be a minimum of 20 feet away from one another.
(4) Private accessory structures and uses shall not be located on common open space and shall be a minimum of 15 feet away from all structures other than the principal structure they are associated with. There shall be no more than two accessory uses or buildings per principle structure.
(5) Each mobile home shall be parked on and supported by a concrete stand designed to carry the load placed thereon. The minimum dimensions of this concrete stand shall be 12 feet wide by 60 feet long. Each mobile home lot be provided with a minimum of ten anchors and tie downs such as cast-in place concrete “dead-men” eyelet imbedded in the concrete runways, screws augers, arrowhead anchors, or other devices for securing the stability of the mobile home. Each mobile home shall be skirted entirely enclosing the bottom section, within 60 days after its placement on the concrete stand.
(6) No mobile home placed upon a mobile home park shall front a state highway or village street.
(7) Every mobile home park shall provide a main entrance not less then 36 feet in width. All interior streets shall have a minimum width of not less than 20 feet and have included curbs and gutters for stabilization of the pavement and adequate drainage. All mobile homes shall abut upon a paved interior street which shall not be a public right-of-way. All streets within a mobile home park shall be lighted at night.
(8) In all mobile home parks, the following facilities shall be provided and available to residents:
(a) Management and maintenance offices including storage facilities for grounds keeping equipment; and
(b) A safe usable recreation area or areas conveniently located in each mobile home park and shall not be less in area or areas than 8% of the gross area of the mobile home park or 1/2 acre, whichever is greater.
(9) Mobile home parks shall make use of the following utilities:
(a) Water systems inspected and approved by the Ohio Department of Health, providing adequate pressure with appropriate water connections for domestic use;
(b) Sanitary sewer system, inspected and approved by the Ohio Department of Health, with the appropriate sewage connections for mobile home use. Connections between storm water drainage systems and sanitary sewer systems shall not be permitted;
(c) Adequate drainage for each lot connected to the main storm water drainage system;
(d) At least one electrical connection shall be provided for each mobile home dwelling;
(e) Natural gas piping systems shall be installed underground in accordance with applicable codes and regulations. Each mobile home lot provided with natural gas shall have an approved manual shut-off valve installed up stream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use; and
(f) With each mobile home park, all utility lines, including those for electricity, telephone, and cable television services shall be located underground.
(E) Density.
(1) Mobile home structures shall be allowed in the Planned Mobile Home Park District at up to eight units per acre.
(2) This will be calculated as the total number of mobile home units per the total acreage of the site.
(F) Height requirements.
(1) No principal or accessory structure shall be more than 15 feet in height to the area.
(2) Structures taller than 35 feet in height may be permitted as a conditional use.
(G) Lighting. Each mobile home park shall be adequately lighted for safety at night.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.094 PCD PLANNED COMMERCIAL DISTRICT.
(A) Area requirements. All Planned Commercial Districts shall be a minimum of two acres in size.
(B) Permitted uses.
(1) Business or professional offices.
(2) Retail and service establishments.
(3) Indoor entertainment establishments.
(4) Financial institutions.
(5) Eating and drinking establishments.
(6) Printing and publishing establishments.
(7) Wholesale and warehousing establishments.
(8) Automotive service stations.
(9) Building and related trade establishments.
(C) Accessory uses. Satellite receiving stations.
(D) Site requirements.
(1) There shall be a setback of 50 feet maintained around the total perimeter of the development, which is landscaped to provide the appropriate buffer to the adjacent land uses.
(2) Detached principal structures shall be a minimum of 20 feet away from one another.
(3) All structures shall be located at least 25 feet back from all public and private roads.
(4) There shall be one entrance/exit drive per street frontage. On the major street frontage, there may be two entrance/exit drives if the street frontage is more than 300 feet and the two drives are at least 200 feet away.
(E) Storage and service areas.
(1) All storage buildings and garbage collection areas shall be at the rear of the site.
(2) Loading bays and other service and utility apparatus shall be to the rear of the site and appropriately screened from view with landscaping and/or fencing.
(F) Height requirements.
(1) No principal or accessory structure shall be more than 35 feet in height unless the Planning Commission determines that a taller structure will not be detrimental to the area.
(2) Structures taller than 35 feet in height may be permitted as a conditional use.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.095 PID PLANNED INDUSTRIAL DISTRICT.
(A) Area requirements. All Planned Industrial Districts shall be a minimum of ten acres in size.
(B) Permitted uses.
(1) Wholesale and warehousing establishments.
(2) Building and related trade establishments.
(3) Automobile service and repair establishments.
(4) Industrial and manufacturing establishments.
(5) Research and development establishments.
(C) Site requirements.
(1) (a) There shall be a setback of 100 feet maintained around the perimeter of the site.
(b) This setback shall be landscaped in a dense planting at least 75% opaque from the ground to eight feet above the ground to buffer where the adjacent uses are less intensive.
(c) Where the site is adjacent to other industrial uses, the Planning Commission may determine that a less dense buffer is required.
(2) Detached principal structures shall be a minimum of 30 feet away from one another.
(3) All structures shall be located at least 25 feet back from all public roads. Vehicle access points to and from the site shall be at least 250 feet apart from one another.
(D) Storage and service areas.
(1) Outdoor storage of materials shall be allowed provided the materials are enclosed and secured, and in no case shall materials be stored higher than 15 feet in height.
(2) All storage and service areas shall be screened from view from the perimeter of the site with landscaping and/or fencing.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.096 GENERAL PUD REVIEW CRITERIA.
The Planning Commission shall not approve a request for a Planned Unit Development unless specific findings of fact directly based upon the particular evidence presented to the Planning Commission support the conclusions that follow.
(A) The PUD can be substantially completed within the period of time specified in the schedule of development submitted by the developer.
(B) The site shall be accessible from public roads adequate to carry the traffic that will be imposed on them by the proposed development.
(C) The streets on the site of the proposed development shall be adequate to serve both the residents and businesses of the proposed development and the community at large and meet village specifications.
(D) The development shall not impose any undue burden on public facilities and services, such as fire, police and education.
(E) The development plan contains proposed covenants, easements and other provisions relating to the proposed development as are reasonably required for the public health, safety and welfare.
(F) The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses.
(G) Any part of a PUD not used for structures, parking and loading areas, or access ways shall be landscaped or otherwise improved.
(H) Natural features such as watercourses, trees and rock out-crops shall be preserved, to the degree possible, so that they can be incorporated into the layout to enhance the overall design of the Planned Development.
(I) The layout is designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building sites and to facilitate the provision of proposed services.
(J) The development pattern, to the maximum extent possible, preserves and utilizes natural topography and geological features, scenic vistas, trees and other vegetation, and does not cause disruption of natural drainage patterns.
(K) The development provides adequately for storm water and sanitary waste disposal.
(L) The developer has proposed to install all necessary infrastructure improvements, including streets, sidewalks, storm drainage systems and utilities according to village specifications.
(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1574-11, passed 6-14-2011)
§ 153.097 PUD APPLICATION PROCESS.
(A) Pre-application conference.
(1) Any owner of land for which a PRD, PMHP, PCD, or PID Zoning District classification is sought shall, prior to filing a formal application for approval of a PUD, attend a pre-application conference with the Planning Commission.
(2) The purpose of the conference is to allow the developer to present a general concept of the proposed development prior to preparation of detailed plans.
(3) For this purpose, the presentation shall include, but not be limited to, the following:
(a) A letter of intent from the developer establishing intentions as to the development of the land;
(b) A statement of ownership or option on all land in the proposed project area;
(c) A topographic survey and location map;
(d) Sketch plans and ideas regarding land use, dwelling type and/or other commercial or industrial structures, density, street and lot arrangement and tentative lot sizes; and
(e) Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
(4) The village officials shall advise the developer of the zoning requirements of any village plans that might affect the proposed development as well as the procedural steps for approval.
(B) Preliminary plan.
(1) The preliminary plan of the PUD shall be filed with the Planning Commission for consideration.
(2) The required procedure for consideration and approval of the preliminary plan shall be submission of the following.
(a) A written application for approval of a Planned Development, which shall be made in the manner prescribed and approved by the village.
(b) A preliminary development plan and report, with maps at a scale of 100 feet or less to the inch, including, as appropriate to the kind of Planned Development proposed, the following information presented in generalized form:
1. The proposed land uses and approximate height, bulk and location of principal structure sufficient to permit an understanding of the style of the development. Proposals containing residential units shall specify the number of housing units by size and type proposed within the overall development if the development is not to be staged;
2. Proposed automobile and pedestrian circulation patterns, including streets by type (major, collector or minor), width and ownership (public or private), pedestrian ways and existing or plotted streets proposed to be vacated;
3. Major off-street parking areas;
4. Proposed parks, playgrounds, pedestrian parkways and other major open spaces as well as the general form of organization proposed to own and maintain any common open space;
5. The general location of utility installations and easements;
6. If the development is to be in stages, an indication as to the order and timing of development and a demonstration that each stage, when completed, will complement any stage completed earlier and will form a reasonably independent unit even though succeeding stages are delayed;
7. Proposals for expediting provision of public facilities, utilities or services where lacking or unlikely to be available when needed for the Planned Development or for providing suitable private facilities, utilities or services. A report shall be provided, if appropriate in a particular development, containing proposals for improvement and continuing maintenance and management of any private streets; and
8. The substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
(c) The Planning Commission shall distribute application materials to the appropriate village staff which shall submit written comments to the Planning Commission within 30 days. Failure to submit comments shall indicate approval.
(d) The Planning Commission shall study materials received and confer with other agencies of government, as appropriate, to determine general acceptability of the proposal as submitted. In the course of the preliminary consideration, the Planning Commission may request and the applicant shall supply additional material needed to make specific determinations. Following the study, the Planning Commission shall hold a conference or conferences with the applicant to discuss desirable changes in the preliminary development plan and report. Recommendations of the Planning Commission to the applicant shall be in writing. Following any conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowledged shall be in writing. On items where no agreement is reached, or where there is specific disagreement, this fact shall be recorded, and the applicant may place in the record their reasons for any disagreement.
(e) The Planning Commission shall schedule a public hearing (in accordance with the Ohio Revised Code) within 30 days of the village staff’s approved sign-off date, after which the Planning Commission shall make its recommendations to the Village Council. The recommendations shall indicate approval, approval with specific reservations or disapproval with reasons. With the recommendations, the Planning Commission shall transmit to the Village Council, within 30 days, the latest draft of the preliminary plan and report submitted by the applicant, a record of agreements reached and matters on which there was no specific agreement, including any reason recorded by the applicant for the disagreement.
(f) The Village Council shall schedule a public hearing for the preliminary plan and the respective Planned Development zone designation after receiving the proposal from the Planning Commission. Within 30 days after receipt, the Village Council shall approve the proposal, approve it subject to conditions or deny it. If approved, the area of land marked shall be redesigned PRD, PMHP, PCD or PID and shall be used only in accordance with the uses and densities shown on the Planned Unit Development preliminary plan.
(C) Final plan.
(1) The final Planned Unit Development plan shall conform substantially to the preliminary plan as approved and shall be filed within six months after approval of the preliminary plan. If desired by the developer, the final plan may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan, which is proposed to be recorded and developed, provided that the portion conforms to all the requirements of this chapter.
(2) The required procedure for approval of a final plan shall be as follows.
(a) The final plan and supporting data shall be filed with village officials who, in turn, shall forward copies to the Planning Commission for certification that the final plan is in conformity with this chapter and in agreement with the approved preliminary plan.
(b) Similar modifications of standards contained in other regulations or policies applying generally may be reflected in the maps and reports if the Planning Commission finds and certifies, after consultations with other agencies of government as appropriate in the specific case, that the public purposes of regulations or policies are as well or better served by specific proposals of the formal plan and reports.
(c) A general site and land use plan for the Planned Development as a whole, indicating sub-areas for phased development, if any; the location and use of structures and portions of structures in relation to building site lines; building sites reserved for future use and uses for which sites are reserved; automotive and pedestrian circulatory networks; principal parking areas; open space not in building sites and the use for which this open space is intended; and any other matters as are required to establish a clear pattern of the relationships that exist between structures, uses, circulation and land shall be filed.
(d) After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within 30 days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons.
(e) The Planning Commission shall then forward the final plan, together with its recommendations, to the Village Council. The Village Council shall review the recommendations of the Planning Commission at its next regular meeting and shall approve, approve subject to conditions or deny the final application.
(D) Recording of final plan.
(1) After approval by the Village Council of the final plan, village officials shall see that all the requirements of the village are complied with before the final plan is sent to the Shelby County Recorder for recording.
(2) The purpose of the recording is to designate with particularity the land subdivided into conventional lots, the dimensions of other lands not so treated into common open areas and building areas and to designate each building or structure as well as the use of land in general.
(3) No final plan within the village shall be so recorded unless it has the approval of the Village Council inscribed thereon.
(E) Zoning permit.
(1) No zoning permit shall be issued by village officials until the final plan has been approved and duly recorded, and the Planning Commission has approved the detailed plans.
(2) Before any zoning permit may be issued in the Planned Development, all agreements, contracts and deed restrictions shall be submitted in a form acceptable to the village.
(3) No zoning permit shall be issued for construction in any PUD District until all required public improvements are installed or a performance bond in the amount of 110% of the estimated cost of the public improvements is posted with the Village of Anna.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.098 CHANGES IN THE PLANNED DEVELOPMENT.
(A) General.
(1) A Planned Development shall be developed only according to the approved and recorded final plan and all supporting data.
(2) The recorded final plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assignees and shall limit and control the use of the premises, including the internal use of buildings and structures and the location of structures in the Planned Development as set forth therein.
(B) Major changes. Changes that alter the concept or intent of the Planned Development after preliminary approval, including increases in the number of units per acre, changes in the location or amount of non-residential land uses, more than 15% modification in the proportion of housing types, reductions of proposed open space and significant redesign of roadways, utilities or drainage, may be approved only by submission of a new preliminary plan and supporting data and by following the preliminary approval steps and subsequent amendment of the final plan.
(C) Minor changes.
(1) The Planning Commission may approve minor changes in the Planned Development that do not change the concept or intent of the development.
(2) A minor change is defined as any change that is not a major change.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.099 REVOCATION OF PERMIT.
(A) A Planned Unit Development permit may be revoked in any case where the conditions of the permit have not or are not being complied with and where the developer has not initiated the process outlined in § 153.098, to make approved major and minor changes. In these cases, the Planning Commission shall give the permittee notice of intention to revoke the permit at least ten days prior to review of the permit by the Planning Commission. After conclusion of the review, the Planning Commission may revoke the permit if it finds that a violation in fact exists and has not been remedied prior to the hearing.
(B) In any case where a Planned Development has not yet been established (substantially under way) within one year from the date of granting thereof, then without further action by the Planning Commission, the Planned Development authorization thereof shall be null and void. If the development falls more than one year behind the schedule filed with the final plan, the permit may be subject to revocation.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999
§ 153.100 APPLICATION LIMITATION.
No application for a Planned Development, which has been denied wholly or in part by the Planning Commission and Village Council, shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changes of conditions found to be valid by the Planning Commission and Village Council.
(Ord. 1227-98, passed 1-12-1999)