Defiance City Zoning Code

CHAPTER 1171

Planned Unit Development Overlay District Regulations

1171.01 PURPOSE.

Planned Unit Development (PUD) Overlay District regulations provide an optional means to develop large tracts of land that are planned and constructed in a unified manner under single ownership at the time of construction. These regulations allow for more flexible, innovative and economic land development options than the regulations for the base zoning districts of this code. Applicants who choose this option may arrange structures and circulation systems to take advantage of existing vegetation, natural topography and other physical features of the site and can provide additional site amenities.

(Ord. 8592. Passed 7-2-24.)

1171.02 TYPES OF PUD DISTRICTS.

The City of Defiance may approve the four following types of PUDs.

(a) Residential PUDs. Residential PUDs are intended to encourage high-quality, single-family and multi-family residential development. The intent of residential PUDs is to encourage developments that maximize open space and cluster housing in ways that provide unique living environments.

(b) Commercial PUDs. Commercial PUDs permit the development of shopping centers and similar commercial uses with shared access points, parking and internal circulation systems. The intent is to allow the arrangement of structures in a manner that maximizes property development without creating a linear strip development resulting in congestion and an unsightly appearance.

(c) Industrial PUDs. Industrial PUDs permit the development of industrial parks and similar uses with coordinated circulation, parking and site amenities. These projects allow applicants to maximize property development by providing efficient areas for industrial tenants and for amenities that make the areas compatible with the surrounding community.

(d) Mixed-Use PUDs. Mixed-use PUDs permit unique projects with a wider range of uses, coordinated to enhance the total project. These developments provide special focal points in the community and encourage the development of special amenities in the community.

(Ord. 8592. Passed 7-2-24.)

1171.03 PUD OVERLAY.

(a) PUD Districts may be established through the zone map amendment process as an overlay to the following base districts:

(1) Residential PUDs: R-1, R-2, and R-3 Districts;

(2) Commercial PUDs: B-1, B-2, and B-3 Districts;

(3) Industrial PUDs: M-1, M-2, and M-3 Districts; and

(4) Mixed-use PUDs: O-R, R-3, and M-1 Districts.

(b) PUD applications must be submitted to the zoning commissioner for review by the Planning Commission and the City Council. PUD action is considered a zoning map amendment action and shall follow the procedure set forth in Section 1165.03 Zoning Text and Map Amendments.

(c) Upon City Council approval of the final PUD submittal, the zoning commissioner will designate the area on the official zoning map with the prefix "MP" for mixed-use PUDs and "P" for residential, commercial, and industrial PUDs. All application material, Planning Commission proceedings and City Council proceedings will be filed to serve as the record of any additional requirements placed on the PUD as a condition of approval.

(Ord. 8592. Passed 7-2-24.)

1171.04 PUDS APPROVED PRIOR TO THE EFFECTIVE DATE OF THIS CODE.

(a) Any PUD approved prior to the effective date of this code shall continue in accordance with the approved site plans.

(b) The deadlines established in Section 1161.13 Transitional Rules shall apply to all approved plans.

(c) Modifications, amendments, and expansion of existing PUDs shall be in accordance with Section 1165.03 Zoning Text and Map Amendments.

(Ord. 8592. Passed 7-2-24.)

1171.05 PERMITTED USES.

(a) Upon approval of the project, residential, commercial and industrial PUDs will be granted all the permitted and conditional uses as per Subsection 1169.06(c) Permitted Use Table allowed in the base zoning district of the PUD.

(b) Mixed-use PUDs will be granted all the permitted and conditional uses allowed in the base zoning districts of the PUD as per Subsection 1169.06(c) Permitted Use Table. Mixed-use PUDs will also be allowed to develop the following uses upon no more than twenty percent (20%) of the total land area:

(1) In the "MP-O-R" District, all B-1 permitted uses;

(2) In the "MP-R-3" District, all B-1 permitted uses;

(3) In the "MP-B-3" District, all O-R permitted and conditional uses; and

(4) In the "MP-M-1" District, all B-3 permitted and conditional uses.

(Ord. 8592. Passed 7-2-24.)

1171.06 REVIEW PROCEDURES FOR PUD DISTRICTS.

(a) Applicability. This section shall apply to requests to amend the zoning map to establish a PUD Overlay District.

(b) Initiation. Any person having authority to file applications may initiate an application for establishment of a PUD Overlay District pursuant to Subsection 1165.02(a) Authority to File Applications.

(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter. All PUD applications shall include a development plan prepared by an Ohio licensed engineer, architect, landscape architect, or surveyor. A landscape plan may be submitted with the application or included as a condition of approval.

(2) Step 2 - Review of Application by Zoning Commissioner.

A. Prior to the Planning Commission meeting where the PUD is scheduled for review, the Zoning Commissioner shall review the application, including the development plan, and proposed map amendment for completeness and prepare a staff report.

B. Upon determination that a PUD application is complete, the Zoning Commissioner shall refer the application to the Planning Commission for review.

(3) Step 3 - Review and Recommendation on Application by Planning Commission.

A. Planning Commission shall review and make a recommendation on the application, including the development plan and proposed map amendment during a public hearing and give public notice in accordance with Subsection 1165.02(h) Public Notification for Public Hearings.

B. Planning Commission shall review the application, including the development plan and proposed map amendment and recommend approval, approval with some modification, or disapproval of the application to City Council.

C. Following the recommendation on the application, including the development plan and proposed map amendment, the Planning Commission shall, within a reasonable amount of time, advise City Council on its recommendation and include a statement setting forth the reasons and substantiation for such recommendation.

(4) Step 4 - Review and Decision on Application, Including the development plan and proposed map amendment, by City Council.

A. City Council shall review the application, including the development plan and proposed map amendment during a public hearing scheduled within forty (40) days of receipt of the completed application and Planning Commission recommendation, and give notice in accordance with Subsection 1165.02(h) Public Notification for Public Hearings.

B. Within fifteen (15) days of the public hearing, Council shall approve the application, including the development plan and map amendment, approve it with modifications, or disapprove the application, including the development plan and map amendment.

C. If approved, the area shall:

1. Be redesignated as per Section 1171.03 PUD Overlay;

2. Be considered rezoned; and

3. Be used only in accordance with the uses, densities, and conditions shown on the approved development plan.

D. If approved, the development plan and any appropriate documents shall be signed by the Mayor and Clerk of Council upon passage of the acceptance legislation by City Council.

E. The Zoning Commissioner shall notify the applicant of the action by City Council by mail within five (5) days after the action by City Council. All drawings and the original tracing shall be returned to the Planning Commission after approval by City Council and retained in the City's record keeping system. All planned unit developments shall be platted in accordance with applicable subdivision rules and regulations.

(d) Review Criteria. The Planning Commission and the City Council shall consider the following review criteria and shall approve only those PUD proposals that comply with these provisions:

(1) Vehicular Traffic Access and Circulation. The proper arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls, is adequate to handle all traffic generated, or expected to be generated, by the project.

(2) Pedestrian Traffic Access and Circulation. The proper arrangement of pedestrian traffic access and circulation, including separation of pedestrian traffic from vehicular traffic, walkway structures, and control of intersections with vehicular traffic, is adequate to ensure pedestrian convenience.

(3) Parking and Loading. The proper location, arrangement, appearance and amount of off-street parking and loading are adequate to handle all traffic generated by the project.

(4) Compatibility with Surrounding Developments. The location, arrangement, size and design of buildings, lighting and signs are compatible with surrounding developments and are appropriate to the uses in the PUD.

(5) Scale. There shall be an appropriate relationship of buildings and scale of the various uses.

(6) Landscaping. The type and arrangement of trees, shrubs and other landscaping provided as a visual or noise buffer between adjacent uses and adjoining lands are adequate to achieve their intended purpose.

(7) Open Space. The open space provided in the project is attractive, usable and appropriate to the project.

(8) Waste Disposal. Facilities for storm water and sanitary waste disposal are adequate to service the total project.

(9) Erosion and Flood Prevention. Structures, roadways and landscaping are designed to handle flooding, ponding and erosion in areas with moderate or high susceptibility to these conditions.

(10) Buffering. Adjacent properties are adequately protected from noise, glare, unsightliness and any other objectionable features.

(11) Conformity with Comprehensive Plan. The proposal is in general conformity with the comprehensive plan.

(12) Natural Features. The proposal will preserve natural features such as water courses, trees and rock outcrops to the maximum degree possible and will incorporate them into the layout to enhance the overall design of the PUD.

(13) Layout. The layout is designed to take advantage of existing land contours in order to provide satisfactory road gradients and suitable building sites to facilitate the provision of proposed services.

(14) Scheduling. The PUD can be substantially completed within the time schedule submitted by the applicant.

(15) Accessibility. The site will be accessible from dedicated public roads adequate to carry the traffic expected by the proposed development.

(16) Required Services. The development will not impose any undue burden on public facilities and services such as fire and police protection or other community or public services.

(17) Health, Safety and Welfare. The plan contains proposed covenants, easements and other necessary provisions reasonably required for the public health, safety and welfare.

(e) Effect of Denial of a Planned Unit Development Plan. No application for a PUD, which has been denied wholly or in part by the Planning Commission and Council, shall be resubmitted for a period of one (1) year from the date of such denial, except on the ground of new evidence or proof of change of conditions found to be sufficient for reconsideration by Planning Commission and Council.

(f) Zoning Permits Required. No zoning permit shall be issued until the development plan has been approved and a plat has been duly recorded, and until all safety codes are complied with.

(g) Changes in the Planned Unit Development.

(1) A planned unit development shall be developed only in accordance with the approved development plan and all approved conditions and supporting data.

(2) The approved development plan and supporting data, together with all approved amendments, shall be binding on the applicants, their successors, grantees and assigns, 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 unit development as set forth therein.

(3) Major Changes.

A. Changes that alter the concept or intent of the PUD, including increases in the number of units per acre, a change in location or amount of nonresidential land use, modification in the proportion of housing types, reductions of proposed open space, or redesign of roadways, utilities or drainage systems, may be approved only by submission of a new application and by following the procedures set forth herein.

B. Records of any major changes approved for the development plan must be retained in the City's record keeping system.

(4) Minor Changes.

A. The Zoning Commissioner, upon notifying the Planning Commission, may approve minor changes in the PUD.

B. Minor changes do not change the concept or intent of the development, without going through the approval procedure provided for herein.

C. A minor change is defined as any change not defined as a major change. (Ord. 8592. Passed 7-2-24.)

1171.07 DEVELOPMENT STANDARDS.

All PUD projects shall conform to the regulations of the base zoning district and other applicable provisions of this code, except as provided in the following provisions.

(a) Residential PUD Development Standards.

(1) Residential PUDs are permitted for tracts of at least two acres in size.

(2) Density Allowances.

A. Residential PUDs shall be allowed to vary the base residential density up to the maximum densities shown in Table 1171.07-1: Density Allowance For Residential PUDs when the open space requirements are met.

TABLE 1171.07-1: DENSITY ALLOWANCE FOR RESIDENTIAL PUDS
Base Zoning District	Density Maximum (Units per acre)	Open Space Requirement
R-1	5.0	10%
R-2	10.0	15%
R-3	15.0	20%

B. Nothing in these PUD requirements shall be construed to release applicants from the payment of park and recreation fees, pursuant to Subsection 1167.13(b) Park and Playground Fee Required.

C. The residential density calculation shall include all land devoted to residential use, including:

1. Easements for utilities (except major facilities that do not serve individual dwellings);

2. Minor surface drainage channels; and

3. Recreation space and other areas provided as common open space, including land dedicated to public use (except required rights-of-way for streets).

(3) Open Space Standards.

A. The open space calculation shall include common space in the development, including landscaped areas, recreational facilities and other common-use areas designed as amenities to the development.

B. A property owners' association shall be formed for the PUD. Open space shall be held in common ownership by the property owners' association of the development.

C. The developer shall incorporate a clause in the protective covenants or deed restrictions, giving an interest in such land to each owner who buys property in the development.

D. The developer shall give property owners due notice of their responsibilities for the care and maintenance of open space, including the manner in which charges or assessments are to be made.

E. Property owners shall also be advised of their responsibility in the event of a default by the property owners' association with respect to the proper maintenance of open space.

(4) Yard Requirements.

A. Perimeter lots shall maintain the side and rear-yard setback requirements of the base zoning district.

B. Unattached buildings must have a minimum separation of ten (10) feet from the main structure or any other structure.

C. No structure shall be constructed within twenty-five (25) feet of the required right-of-way of any roadway recommended for improvement in the major thoroughfare plan.

D. In no case shall a structure be closer than twenty-five (25) feet from the right-of-way of a dedicated public or private road.

(5) Zero Lot Line Dwellings.

A. The purpose of zero lot line dwellings is to allow for the maximum use of property and to provide a way to develop small-scale, innovative projects.

B. Zero lot line dwellings shall be developed to be compatible with surrounding uses and shall not disrupt the character of existing residential neighborhoods.

C. The minimum development area is 30,000 square feet.

D. The maximum development area is three (3) acres.

E. Use Limitations.

1. R-1 and R-2 Districts.

a. Single-family zero lot line dwellings may eliminate the rear yard setback, and/or one (1) side-yard setback, in order to cluster units and maximize open space.

b. All zero lot line dwelling units shall maintain the required setbacks from all existing structures.

c. All other lot sizes and district requirements set forth in Chapter 1173 General Development Standards shall apply.

2. R-3 District.

a. Single-family zero lot line dwellings may eliminate both side-yard requirements to allow row house developments. All row house units shall maintain the required setback from all existing structures.

b. Single-family row houses may be built on 4,000 square foot lots. However, the overall density of the project shall not exceed seven (7) units per acre.

c. All other district requirements set forth in Chapter 1173 General Development Standards shall apply.

(6) Street Frontage.

A. No residential structure, except row houses, shall have less than thirty-five (35) feet of frontage on a public or private road.

B. Row houses shall have no less than twenty-five (25) feet of frontage on a public or private road.

(7) Lot Coverage. The total lot coverage for residential PUDs shall not exceed twenty-five percent (25%) of the total project area.

(8) Other Requirements.

A. No provisions of the base zoning district may be varied or waived except as specifically permitted elsewhere when approving a PUD application.

B. All relevant requirements of the Building and Housing Code and the Fire Prevention Code shall apply.

(b) Commercial PUD Requirements.

(1) Commercial PUDs are permitted for tracts of at least two acres in size for B-1 Districts and at least ten (10) acres for B-3 Districts.

(2) Open Space.

A. Commercial PUDs shall provide a minimum of ten percent (10%) of the project in open space.

B. Such open space shall not include paved parking areas but may include landscaped islands in parking areas and unpaved areas used for storm water retention or detention.

(3) Yard Requirements.

A. Perimeter lots shall maintain the side and rear yard setback requirements of the base zoning district.

B. Unattached buildings must have a minimum separation of twenty (20) feet.

C. Every PUD structure must have a minimum separation of fifty (50) feet from residential zoning districts outside the PUD.

D. No structure shall be constructed within twenty-five (25) feet of the required right-of-way of any roadway recommended for improvement in the major thoroughfare plan.

E. In no case shall a structure be closer than twenty-five (25) feet from a public right-of-way or a private road.

F. No other setback or dimensional requirements shall apply.

(4) Parking. Parking requirements for the project, as calculated per Chapter 1175 Parking, Loading and Mobility Standards may be reduced by up to twenty-five percent (25%) if parking areas are accessible to all businesses and shared access points to public rights-of-way are provided.

(5) Street Frontage and Curb Cuts.

A. Commercial PUDs shall have at least 200 feet of frontage on a dedicated public right-of-way.

B. Commercial PUDs shall have no more than one curb cut to a public right-of-way for each 200 feet of frontage and no more than one curb cut per 330 feet of frontage on a principal or minor arterial, as defined in the major thoroughfare plan.

C. In no event shall a commercial PUD have more than four curb cuts.

(6) Lot Coverage. The total lot coverage of a commercial PUD shall not be more than twenty-five percent (25%) of the total development area.

(7) Other Requirements.

A. No other provisions of the base zoning district may be varied.

B. All relevant requirements of the Building and Housing Code and the Fire Prevention Code shall apply.

(1) Industrial PUDs are permitted for tracts of at least fifteen (15) acres in size.

(2) Open Space.

A. All industrial PUDs shall provide a minimum of twenty percent (20%) of the project in open space.

B. Such open space shall not include paved parking areas, but may include landscaped islands in parking areas and unpaved areas used for storm water retention or detention.

(3) Yard Requirements.

A. Perimeter lots shall maintain the yard setback requirements of the base zoning district, and all industrial buildings shall be set back a minimum of 100 feet from all residential zoning district boundaries.

B. No structure shall be constructed within twenty-five (25) feet of the required right-of-way of any roadway recommended for improvement in the major thoroughfare plan.

C. No other setback or dimensional requirements shall apply.

(4) Street Frontage and Curb Cuts.

A. Industrial PUDs shall have no less than 600 feet of frontage on a public right-of-way.

B. Industrial PUDs shall have no more than one curb cut to a public right-of-way per 200 feet of frontage and no more than one curb cut per 330 feet of frontage on a principal or minor arterial, as defined in the major thoroughfare plan.

C. In no event shall an industrial PUD have more than four curb cuts.

(5) Lot Coverage. The ground area occupied by all buildings shall not exceed thirty-five percent (35%) of the total area of the PUD.

(6) Other Requirements.

A. All other applicable requirements presented elsewhere in this code shall apply.

B. All applicable performance standards of Section 1173.05 Performance Standards apply.

C. All relevant requirements of the Building and Housing Code and the Fire Prevention Code shall apply.

(d) Mixed-Use PUD Requirements.

(1) Mixed-use PUDs are permitted for tracts of at least twenty (20) acres in size.

(2) Densities. Residential areas of mixed-use PUDs shall be allowed to exceed the density requirements of the base zoning district by twenty-five percent (25%), subject to approval of the development.

(3) Open Space.

A. Mixed-use PUDs shall provide a minimum of twenty percent (20%) of the total project area in open space.

B. Such open space shall not include paved parking areas, but may include landscaped islands in parking areas and land used for storm water retention or detention.

(4) Arrangement of Uses. Mixed-use PUDs that contain residential uses shall be arranged to maintain the privacy of residential structures and to ensure that light from parking areas and commercial structures does not shine onto residential properties.

(5) Parking. Parking requirements, as calculated per Chapter 1175 Parking, Loading and Mobility Standards, may be reduced by up to twenty-five percent (25%) for the commercial sections of a mixed-use PUD if parking areas are accessible to all businesses and shared access points to all public rights-of-way are provided.

(6) Street Frontage and Curb Cuts.

A. Mixed-use PUDs shall have no less than 600 feet of frontage on a public right-of-way.

B. Mixed-use PUDs shall have no more than one curb cut to a public right-of-way per 200 feet of frontage and no more than one curb cut per 330 feet of frontage on a principal or minor arterial, as defined in the major thoroughfare plan.

C. In no event shall a mixed-use PUD have more than four curb cuts.

(7) Yard Requirements.

A. Perimeter lots shall maintain the yard setback requirements of the base zoning district.

B. All industrial buildings shall be set back a minimum of 100 feet from all residential zoning district boundaries.

(8) Lot Coverage. The ground area occupied by all buildings shall not exceed twenty-five percent (25%) of the total area of the PUD.

(9) Other Requirements.

A. All other applicable requirements presented elsewhere in this code shall apply.

B. All relevant requirements of the Building and Housing Code and the Fire Prevention Code shall apply.

(Ord. 8592. Passed 7-2-24.)

1171.08 PUD PERFORMANCE STANDARDS.

(a) Expiration and Extension of Approval Period. If construction of any phase of the approved PUD begins within two (2) years after the date of approval by ordinance is granted, the approval shall be valid until the development is completed. If no construction has begun within two (2) years after approval is granted, the PUD shall be void and the land shall revert to the original zoning classification prior to the PUD application. The applicant may file for an extension of the time limit if there is reasonable cause for delay and the Planning Commission may grant an extension for a time deemed reasonable.

(b) Failure to Maintain Common Open Space. In the event that the developer or the property owners' association or other organization established to own and maintain the common open space, or any successor organization, shall at any time fail to maintain the common open space in accordance with the approved development plan, the City shall undertake appropriate legal action to ensure that the common space is properly and regularly maintained.

(1) The developer of the PUD shall be responsible for providing all public improvements and common amenities within the development to City standards.

(2) The developer of any PUD shall be required to post a performance bond or to secure funds in an escrow account pursuant to Subsection 1165.05(h) Escrow and Bonding Requirements.