Botkins City Zoning Code

PLANNED UNIT

DEVELOPMENTS PUD

§ 153.125 INTENT.

The intent of this section is to permit and encourage the creative design of new residential, commercial and industrial areas in order to promote imaginative proposals for local development while protecting the health, safety, and general welfare of existing and future residents of surrounding neighborhoods.

(Ord. 03-04, passed - -2002)

§ 153.126 REQUIREMENTS.

The owner or owners of any parcel of land in the districts designated may submit an application to the Village Council for the type of PUD permitted in that district. Residential planned unit developments, hereafter referred to as R-PUDs may be permitted in the R-1, R-2 and R-3 Residential Zoning Districts. Commercial planned unit developments, hereafter referred to as C-PUDs may be permitted in the C-1 and C-2 Commercial Zoning Districts. Industrial planned unit developments, hereafter referred to as I-PUDs may be permitted in the Industrial Zoning District.

(Ord. 03-04, passed - -2002)

§ 153.127 PERMITTED USES.

The uses permitted in the PUD shall be those uses permitted by the zoning district containing such development.

(Ord. 03-04, passed - -2002)

§ 153.128 PROCEDURE.

(A) Pre-application meeting. The developer shall meet with the Village Administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Code, and the criteria and standards contained herein, and to familiarize the developer with zoning and other applicable regulations.

(B) Preliminary development plan.

(1) The submittal for a commercial, residential or industrial PUD shall be filed with the Village Administrator. In consideration of the submittal, the Planning Commission shall hold at least one public hearing to be held no later than 30 days after receipt of the submittal by the Planning Commission, unless such time is extended by agreement with the applicant. The Planning Commission shall either approve, approve with amendments or deny the application within 30 days after the public hearing. The recommendation shall be forwarded to the Village Council.

(2) Upon receipt of the recommendation of the Planning Commission, the Village Council shall hold at least one public hearing in consideration of the submittal prior to reaching a decision. The decision of the Village Council shall be made no later than 60 days after the receipt of the recommendation of the Planning Commission. The Village Council may approve, approve with amendments or deny the submittal. If the submittal is denied, there shall be no resubmittal for a period of 12 consecutive months after the date denied.

(C) Final development plan. Within 12 months of approval or approval with amendments of the preliminary development plan, the applicant shall submit a final development plan along with any necessary performance surety to the Planning Commission. The Planning Commission shall evaluate the plan for conformance with the preliminary development plan for the PUD as approved by the Village Council. If the Planning Commission finds the final development plan or the final development plan with amendments is compatible with the preliminary development plan, then such plan shall be approved. When a final plat is necessary for lot creation, it shall also be approved as part of the final development plan. If the final plat contains any right-of-way or easement dedication, it must go to the Village Council for acceptance prior to final approval. Acceptance of any right-of-way or easement dedication is a separate action by the Village Council, and should not affect the overall acceptance of the final development plan. Upon approval of the final development plan and recording of the final plat in the Office of the County Recorder, if necessary, the Village Administrator shall issue the necessary permits.

(D) Final development plan effect. Subsequent to the approval of the final development plan, the lands included with the site area thereof shall not be developed or used in any manner whatsoever that is not in conformance with the approved plan; and no permit shall be issued for any building, structure or use of the lands except in conformance with the approved plan. After the building is constructed, any necessary condominium plats and legal documents shall be recorded in the Office of the County Recorder. Such plats and legal documents will not require further review if they are in conformance with the approved final development plan as verified by the Village Administrator.

(E) Final development plan changes. Any changes in an approved final development plan desired by the owner of the tract of land involved shall be submitted to the Planning Commission. The Planning Commission shall conduct a public hearing on all proposed revisions to an approved final development plan and make a determination or finding that:

(1) The proposed revision is a minor change, not substantially altering the overall concept of the PUD. Generally, such changes are limited to small site alterations, such as realigning a street, shifting a setback, or slight changes in building designs that do not result in the loss of open space. Increases of up to 10% of the total development density and any decreases in density may be determined by the Planning Commission to be minor changes. Minor changes shall not involve reductions in required improvements, such as open space, parking areas, pavement widths and the like;

(2) The proposed revision is a major change, which will affect the general character and overall concept of the PUD, including substantial relocation or redesign of principal or accessory structures, parking, open space areas and streets. A major change is involved in density increases in excess of 10% of the total development density and/or revisions affecting the land coverage by building, parking and open space areas;

(3) Where the Planning Commission determines that the proposed revision is a minor change, the proposal may be reviewed as a revised final plan, and action to approve, modify or deny approval may be taken by the Planning Commission following the public hearing. Minor changes involving or affecting public improvements shall be referred to Village Council for review and action, not requiring a public hearing by Village Council;

(4) Where the Planning Commission determines that the proposed revision is a major change, the proposal shall be reviewed as a revised preliminary development plan as a part of the same public hearing, and the Planning Commission may act to approve, modify, or deny approval for the revised preliminary plan, following the public hearing. The revised preliminary plan shall be reviewed in the same manner as the original plan, including a public hearing review by Village Council; and

(5) Upon approval of a revised final development plan as a minor or major change, the original final plan shall be considered void and the revised final plan shall have the same force effect as if it were the original plan.

(Ord. 03-04, passed - -2002)

§ 153.129 PRELIMINARY DEVELOPMENT PLAN APPLICATION REQUIREMENTS.

Any submittal for a PUD shall contain the following information in the submittal package, including the information constituting a preliminary development plan. The applicant shall submit an original plus 15 copies of the preliminary development plan and written documents as determined by the Village Administrator:

(A) Names, address, and phone number of owners, developers, and designers of the plan, and proposed name of the development;

(B) Name, address, and phone number of registered surveyor, registered engineer, and/or urban planner assisting in the preparation of the preliminary development plan;

(D) Present use(s);

(E) Present and proposed zoning district;

(F) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years;

(G) A fee as established by this Zoning Code (see § 153.242);

(H) A list containing the names and mailing addresses of all owners of property within 200 feet of the property in question;

(I) Verification by at least one owner of property that all information in the submittal is true and correct to the best of their knowledge;

(J) A statement of the objectives to be achieved by the PUD through the particular approach proposed by the applicant and the rationale behind the assumptions and choices made by the applicant;

(K) A development schedule indicating the approximate date when development and construction of the PUD can be expected to begin and be completed;

(L) Quantitative data for the following items:

(1) Total number of dwelling units, commercial facilities, industrial buildings and parcel size;

(2) Proposed lot coverage of buildings and structures;

(3) Approximate gross and net residential, commercial or industrial densities;

(4) Total amount of open space including separate figure for usable open space; and

(5) Economic feasibility study or market analysis where deemed necessary by the Planning Commission.

(M) Site plan and supporting maps. Maps shall be drawn at an appropriate scale to show the following information:

(1) Date, north arrow and scale;

(2) Existing zoning district;

(3) Existing site conditions, including contours at one-foot intervals, water course, floodplains, unique natural features and natural cover;

(4) Proposed lot lines and plot designs;

(5) The location and floor area size and height of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units, density per acre, and non-residential structures, including commercial facilities;

(6) The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and public and semi-public uses;

(7) The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way;

(8) Existing and proposed pedestrian circulation system, including its inter-relationships with the vehicular circulation system indicating proposed treatment of points of conflict;

(9) The existing and proposed utility systems, including proposed and existing easements for the sanitary sewers; storm sewers; and water, electric, gas and telephone lines;

(10) A general schematic landscape plan indicating the treatment of materials used for private and common open spaces;

(11) Information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, unique natural features, and land uses within one-half mile of the boundaries of the proposed development;

(12) A landscaping and screening plan for all perimeters of the PUD; and

(13) Phases of development and approximate starting dates.

(Ord. 03-04, passed - -2002)

§ 153.130 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

Notice of the public hearing shall be given by the Planning Commission and Village Council by at least one publication in one or more newspapers of general circulation in the village. Said notice shall be published at least ten days before the date of the hearing. The published notice shall set forth the time and place of the public hearing and a summary of the nature of the proposed PUD.

(Ord. 03-04, passed - -2002)

§ 153.131 NOTICE TO PARTIES OF INTEREST.

Before conducting the public hearing required, written notice of such hearing shall be mailed, by the village by first-class mail, at least ten days before the day of the hearing to all parties within 200 feet. The failure to deliver the notification as provided in this section shall not invalidate any such PUD. The notice shall contain the same information as required in § 153.130.

(Ord. 03-04, passed - -2002)

§ 153.132 PLANNING COMMISSION TO INVESTIGATE.

(A) The Planning Commission shall make a recommendation to the Village Council on the preliminary development plan. In making its recommendation, the Planning Commission shall consider the following:

(1) The proposed development can be initiated within one year of the date of approval;

(2) The proposed streets with the exception of mobile home parks shall meet requirements of the village ordinance for streets;

(3) Any proposed commercial or industrial development can be justified at the proposed location;

(4) Any exception from standard district requirements is warranted by design and other amenities incorporated in the final development plan, in accordance with these PUD requirements and the need to provide a variety of housing opportunities with regard to type and price;

(5) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;

(6) The existing and proposed utility services are adequate for the population densities and non-residential uses proposed;

(7) Amount, design and uses of open space in the development;

(8) Overall design quality of the development;

(9) Impact of the proposed development on utilities;

(10) Amenities to be provided by the developer, including, but not limited to, recreational facilities, infrastructure improvements, environmental improvements and land set aside for public purposes;

(11) Relationship of the development to surrounding land uses; and

(12) Impact of the development in providing housing and other community needs.

(B) The Planning Commission may approve greater densities and smaller lot sizes than those permitted in the zoning district in which the PUD is located. In no case shall the overall density exceed the density permitted in the zone by more than 25%, and no lot size shall be more than 25% smaller than that permitted in the zone.

(C) The Planning Commission may take into account any other factors it deems appropriate to the development under consideration.

(Ord. 03-04, passed - -2002)

§ 153.133 FINAL DEVELOPMENT PLAN APPLICATION REQUIREMENTS.

(A) After approval of a preliminary development plan by the Village Council, the applicant shall submit the following information as a final development plan to the Village Administrator. The submittal shall consist of an original plus seven copies of all required documents.

(B) Each submittal shall be signed by the owner, attesting to the truth and exactness of all information supplied on the submittal for the final development plan. Each submittal shall clearly state that the approval shall expire and be revoked if construction on the project has not begun within one year from the date of issuance of the approval. At a minimum, the submittal shall contain the following information:

(1) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses;

(2) All the information required on the preliminary development plan, the location and sizes of lots, location and proposed density of dwelling units, non-residential building intensity, and land uses considered suitable for adjacent properties;

(3) A schedule for the development of units to be constructed in progression, and a description of the design principles for buildings and streetscapes, a tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type, estimated residential population by type of housing, estimated non-residential population by type of housing, anticipated construction timing for each unit, and standards for height, open space, building density, parking areas, population density, and public improvements, whenever the applicant proposes any exception from standard zoning districts requirements or other ordinances governing development;

(4) A fee as established by this Zoning Code (see § 153.242);

(5) Preliminary building plans;

(6) Any legal agreements stipulating conveyance of public open space to homeowners’ or merchants’ association and indicating responsibility for maintenance of the open space;

(7) Any restrictive covenants or other conditions which shall apply to any parcel of land in the PUD;

(8) All necessary legal documentation relating to the incorporation of a homeowners’ or merchants’ association for the purpose of maintaining any common open space included within the PUD;

(9) Final plat for necessary lot creation and right-of-way or easement dedication, if necessary;

(10) Necessary engineer’s estimates and performance surety for any public improvements that will eventually be taken over by the village;

(11) All surveying and legal documents to be recorded shall meet county standards;

(12) Site plan and supporting maps indicating the following:

(a) Survey of land area to be developed showing topography with existing and proposed contours at one-foot intervals, drainage, vegetation and natural cover; and

(b) Detailed construction plans in conformance with the village design criteria and construction standards and drawings along with necessary specifications shall at a minimum consist of the following items:

1. The location of lot lines, building outlines and setbacks;

2. Pedestrian and vehicular circulation system;

3. Street plans including plan and profile and cross-sections;

4. All utility systems, including sanitary sewers; storm sewers; and water, electric, gas, and telephone lines, including plan and profiles;

5. Landscaping indicating the specific types of vegetation to be used and their location in the development;

6. Location of fire hydrants and fire lanes;

7. Any additional information in the form of written documents, plans and supporting maps required by the Planning Commission and Village Council in consideration of the application;

8. Storm water management plan, including detention and erosion control; and

9. Grading plan.

(Ord. 03-04, passed - -2002)

§ 153.134 ADDITIONAL REQUIREMENTS.

(A) A written agreement or contract shall be executed between the developer and the village prior to approval of the final development plan stating at least the following:

(1) In the event of failure of the owners, successors, or assignors to maintain any common open space or the landscaping or improvements thereon, the village may enter into the development and perform any necessary maintenance, and charge the cost, including, but not limited to, engineering and attorney fees, to the owner, successors, or assignors;

(2) The developer will construct the development and install landscaping and improvements in accordance with the approved plan; and

(3) This contract shall be binding upon the owner, successors, assignors or receivers of the development and shall constitute a lien on the property. Said agreement shall be recorded with the County Recorder in a manner that puts future property owners on notice of its requirements and application to subject property.

(B) The design criteria and construction standards and drawings along with 100% surety, and 10% maintenance surety shall apply to all public improvement construction that will eventually be taken over by the village. The 100% performance surety and 10% maintenance surety shall follow the regulations in the village subdivision regulations, even if a major subdivision is not applicable.

(C) If the Planning Commission determines it is consistent with the public health, safety, and general welfare and necessary for the overall development and usefulness of the residential PUD, commercial uses may be permitted by the Planning Commission in the development; provided they are designed and intended primarily for the use of the residents of that development. All such uses shall:

(1) Be located within a multiple dwelling, an administration building for the development or a building providing community facilities primarily serving the occupants of the development and their guests;

(2) Have no business signs, advertising or displays visible from the outside of the building in which they are located;

(3) Have a total area that does not exceed 5% of the gross floor area of all dwellings within the development;

(4) All exterior lighting of parking areas, buildings and attached signs shall be so arranged as to reflect light away from adjoining premises, and no flashing lights or signs of any kind shall be permitted, except those required by traffic regulations;

(5) All buildings, structures, parking areas, and loading spaces shall be kept and maintained in a neat and orderly manner and appearance. All areas not occupied by buildings or structures or by parking or loading areas shall be landscaped and maintained in a neat manner and appearance. Parking and loading areas located across a street from facing residential premises or closer than 30 feet to the property lines of adjoining residential premises and building entrances located closer than 50 feet to such property lines shall be appropriately screened from such adjoining premises by means of planting, ornamental fences or walls, or approved design; and

(6) In order to preserve the character of the adjacent residential areas, no outdoor display of goods, merchandise of services, or outdoor display or exhibit of any nature, shall be permitted. However, the BZA may, after public hearing, authorize a specific exhibitor display for a period up to, but not exceeding 14 days; provided that the applicant has substantiated to the satisfaction of the BZA that such display or exhibit would be appropriate in a residential PUD, and that the activity will not adversely affect adjoining or nearby residential property.

(D) (1) In a R-PUD, the common open space shall be owned by the homeowners as tenants-in-common. A homeowners’ association shall be formed prior to the conveyance of the first property, and the legal documents establishing the association shall stipulate that the association will control and have responsibility for maintenance of the common open space upon conveyance of more than 50% of the lots or units in the development. Said agreement shall be recorded with the County Recorder in a manner that puts future property owners on notice of its requirements and application to subject property.

(2) The common open space shall be protected against building development and environmental damage by conveying to the village an open space easement restricting building development and prohibiting removal of soil, trees, and other natural features, except as is consistent with conservation, recreation, or agricultural uses or uses accessory to permitted uses. This easement shall be conveyed before recording of the final plat.

(E) Copies of any management policies, deed restrictions, legal documentation, homeowner’s association agreements or covenants with the land shall be provided to the Planning Commission prior to the approval of the final development plan.

(Ord. 03-04, passed - -2002)

§ 153.135 RESIDENTIAL AND COMMERCIAL PLANNED UNIT DEVELOPMENT MINIMUM DESIGN STANDARDS.

(A) Applicants are encouraged to use innovative design, including varying of lot sizes and building orientation. Proposals which do not reflect these innovations may be rejected by the Planning Commission.

(B) PUDs shall be designed in a manner which promotes harmonious relationships between the development and surrounding land uses.

(C) Open space within a PUD may be required by the Planning Commission and if required, shall meet the following criteria:

(1) No less than 20% of the total land area, exclusive of streets and street rights-of-way, shall be devoted to common open space. In R-PUDs, this land shall be used for recreation or conservation purposes, and in C-PUDs, this land shall be appropriately landscaped and may contain walkways, benches, and the like;

(2) The R-PUDs, at least half of the common open space shall be usable for active recreation;

(3) The size, location, shape and character of the open space must be suitable for the designated uses;

(4) No more than 20% of the common open space may be devoted to paved areas (such as parking lots, walks and hard-surfaced play areas) and structures used for or accessory to open space uses; and

(5) Landscape plans for the common open space must be approved by the Planning Commission.

(D) Townhouses constructed in PUDs must meet the following criteria:

(1) No more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and no more than eight townhouses shall be contiguous;

(2) Each townhouse shall have its own yard containing no less than 400 square feet, reasonably secluded from view from streets or from neighboring property. These yards shall not be used for off-street parking, garages, storage facilities, driveways or accessory buildings;

(3) The minimum distance between any two rows of townhouse buildings substantially parallel with each other shall be 60 feet; and

(4) The minimum distance between any two abutting ends of townhouse buildings in the same general plan or row shall be 25 feet or greater.

(E) Parking within the PUD shall be regulated in conformance with §§ 153.150 through 153.159. Parking areas containing more than 40,000 square feet shall be landscaped in accordance with a plan approved by the Planning Commission.

(F) Signs in a PUD shall conform to the requirements with §§ 153.170 through 153.182, except that in addition to the other permitted signs, there may be one sign at each entrance to the development indicating the name of the development. In residential PUDs, the signs shall not exceed 40 square feet in size, and in commercial PUDs, the signs shall not exceed 80 square feet in size. The Planning Commission may reduce the maximum size of the signs in accordance with the size, design and location of the PUD.

(G) Street layouts to PUDs shall be designed in a manner to minimize pavement lengths. To the extent possible, streets shall conform to the natural contours of the land. In commercial PUDs, fire lanes shall be provided and approved as to location and width by the Fire Department.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.136 MOBILE HOME PARK PLANNED UNIT DEVELOPMENT DESIGN STANDARDS.

No mobile home whether left to remain on wheels or set on a fixed foundation shall be permitted to be used for habitation in the village except in a mobile home park. Such park shall:

(A) Contain a minimum of five acres;

(B) Provide an adequate supply of municipal water;

(C) Provide an adequate system of collective sanitary sewers, sewage treatment and disposal, and refuse pickup areas. These areas must be screened or fenced in on a hard surface area with adequate containers;

(D) Provide a clearly-defined minimum lot area of 4,000 square feet with a minimum lot width/frontage of 40 feet and 600 square feet of floor area for each mobile home;

(E) Provide a minimum of 20 feet clearance between the individual mobile homes and a 50-foot setback from any property line bounding the mobile home park;

(F) Require each mobile home space to abut upon an asphalt or concrete driveway of not less than ten feet in width, which shall have unobstructed access to a public street of not less than 36 feet in width of pavement;

(G) Have a safe, usable, developed recreation area conveniently located in each mobile home park and shall not be less than 10% of the gross area of the tract;

(H) Conform to all village, State Health Department and Ohio EPA requirements;

(I) Be effectively screened on all sides by means of walls, fences or plantings, except where the area is sufficiently removed from other urban uses as determined by the Planning Commission. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height may be substituted;

(J) Require proper routine maintenance;

(K) Require proper skirting on all mobile homes;

(L) Provide two off-street parking spaces for each mobile home, plus one space per each five mobile home sites for guest parking; and

(M) Provide a minimum of 15 feet for a front yard setback and a minimum of ten feet for a backyard requirement.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.137 INDUSTRIAL PLANNED UNIT DEVELOPMENT MINIMUM DESIGN STANDARDS.

(A) All land in contiguous ownership shall be shown on the plans. The entire parcel is to be included, even if the development is to take place in phases.

(B) The development shall be designed in a manner as to provide safe access, harmonious arrangements of land uses, separation of differing modes of transportation, areas for storm water runoff and possible retention, adequate solid waste and sewage disposal, buffers, parking, and other utilities.

(C) All development which abuts land zoned residential or used for residential purposes shall be adequately buffered from residential boundaries. The buffer shall consist of one or more of the following items: fences, berms, mounding, or plantings that are more than six feet tall and form a solid barrier. Where the proposed development may produce excessive noise, traffic, dust, glare or odor, a planted green belt up to 100 feet in depth shall be required, and shall be considered part of the open space.

(D) All areas for outdoor storage of materials, waste or finished products shall be indicated on the plans. The plans shall state the chemical composition or form of the materials, type of storage, length of storage and height of materials. All outdoor storage areas shall be enclosed by a wall or fence of solid appearance or a tightly-spaced evergreen hedge to conceal the areas or facilities from view from adjacent land uses and primary access roads.

(E) No raw galvanized or other raw metal sheeting or untreated concrete block may be used for the exterior construction of any building in the I-PUD.

(F) All buildings shall be of designs and materials which will promote a visually harmonious environment.

(G) Outdoor lighting shall not disrupt neighboring land uses by excessive glare.

(H) Not more than 80% of the total land area of an industrial development shall be devoted to structures, accessory structures, parking areas and streets.

(I) All parking areas in an I-PUD shall contain landscaping in accordance with an approved landscaping plan. The landscaping shall be completed as soon as practicable according to weather conditions. Where permanent planting must be delayed due to weather conditions, erosion control measures shall be employed until the landscaping is completed.

(J) Erosion and runoff control measures shall be employed during construction of buildings and improvements in an I-PUD.

(K) (1) A paved road shall be provided with adequate frontage for each structure. The road shall be constructed in conformance with standards established by the village. Roads serving primarily non-residential traffic, especially truck traffic, shall not normally be extended to the boundary of adjacent land zoned for residential use or in residential use; nor shall primarily residential roads be used for access to industrial developments. No portion of any lot shall be paved unless in accordance with the approved site plan.

(2) Loading docks, truck parking or truck turn-around areas shall be designated through the use of signs and pavement markings. These areas shall be separated from parking and access areas used by automobiles or pedestrians. Roadway shall not be used for truck parking, standing or backing areas. Parking and loading facilities shall not be located between structures and local access streets.

(3) Fire lanes shall be provided at all entrances to and exits from structures and storage areas and at all locations of hydrants. Fire lanes shall be designated by signs and pavement markings.

(4) All rail lines, sidings or switching facilities shall be indicated on the site plan. The village may require additional vehicular or pedestrian crossings.

(L) Any applicant for approval of a I-PUD under the provisions of this section shall comply with all applicable local, state, and federal standards relating to air and water quality, heat, noise, glare, and odor. The applicant also shall comply with any applicable environmental standards which have been approved by the Village Council.

(M) Signs within an I-PUD shall be regulated in conformance with §§ 153.170 through 153.182, except that in addition to the other permitted signs, there may be one sign no more than 100 square feet in area at each entrance to the development. Such signs shall be for the purpose of identifying the overall development.

(N) Parking within an I-PUD shall be regulated in conformance with §§ 153.150 through 153.159.

(O) The maximum height of buildings in the I-PUD shall be 40 feet. All other structures shall comply with this Zoning Code.

(Ord. 03-04, passed - -2002) Penalty, see § 153.999

§ 153.138 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.

The approval of a final development plan for a PUD District shall be for a period not to exceed three years to allow for preparation and recording of the required subdivision plat and development of the project. If no construction has begun within one year after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations of the district in which it is located. An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the final approved final development plan shall in any way affect the terms under which approval of the PUD was granted.