When larger tracts of land are developed under unified control, many of the regulations relating to the mixing of uses and proximity of buildings in the residential districts which are otherwise necessary to protect individual lot owners, may become unnecessary or may not apply. The uniqueness in the planned unit development approach is the variety, flexibility and order in establishing residential living patterns. Variety is achieved by permitting a mixture of housing types at a maximum intensity of land use equivalent to that of the zoning for residential districts within which the planned unit development is proposed. Flexibility is achieved by permitting variations of the district regulations pertaining to lot area, setbacks, yards and frontages as herein stated. Order is achieved by requiring advance consideration of the City's Future Land Use and Major Thoroughfare Plans as adopted and amended, and all aspects of the proposed site development, including housing types, livable open spaces, landscaping, vehicular and pedestrian circulation, parking, utilities, recreation areas, accessory facilities and methods of land ownership to be used.

   It is the purpose of this chapter to recognize and accommodate such residential developments and to permit those innovations in the technology of land development that are in the best interest of the City. In order to accomplish this, physical development criteria are contained herein:

   A.   To permit suitable associated neighborhood commercial developments consistent with the demand created by the planned unit development and compatible with the existing and proposed uses of lands adjacent to the planned unit development. Planned unit developments are permitted as conditionally permitted uses within the R-LD, R-MD, R-UD, R-TH, R-MHL and R-MHH Zoning Districts.

   B.   To permit a variety of dwelling types compatible with the purpose and intensity of land use of the residential districts within which the planned unit development is proposed;

   C.   To permit the flexible spacing of lots and buildings in order to encourage:

      1.   More creative site design;

      2.   The separation of vehicular and pedestrian circulation;

      3.   The preservation and conservation of the desirable natural features of the site and other amenities such as historical structures;

      4.   The provision of readily accessible recreation areas and livable open spaces; and

      5.   The provision of basic utility facilities such as sanitary sewers and water supply systems; and

   D.   To permit a clustering of dwelling units around livable open spaces in order to require fewer and shorter streets and utility lines, less grading and site preparation, resulting in lower per unit costs.

(Ord. 98-176. Passed 8-3-98.)

   Within a planned unit development, no building, structure or premises shall be used, located, erected or structurally altered, unless otherwise provided herein, except for one (1) or more of the following, upon approval of the Planning Commission:

   A.   Single household detached dwelling;

   B.   Two-household dwelling units;

   C.   Multi-household dwelling units;

   D.   Convention/conference centers;

   E.   Hotels/motels;

   F.   Neighborhood retail business;

   G.    Personal services;

   H.   Recreation, commercial;

   I.   Recreation, non-commercial;

   J.   Accessory uses, provided that such uses are incidental to the principal use. Such uses must be situated on the same lot with the principal building.

(Ord. 98-176. Passed 8-3-98; Ord. 2008-107. Passed 8-4-08.)

   An application for a planned unit development shall meet all of the following requirements to qualify for consideration:

   A.   Public water and sewer facilities shall be available or shall be provided as part of the development.

   B.   The proposed residential density shall not exceed that permitted in the zoning districts within which the planned unit development is proposed.

   C.   For each square foot of land gained through the reduction or averaging of lot areas, an equal amount of land shall be dedicated to the City for park purposes or shall be set aside as common livable open space, owned and maintained by a homeowners' and tenants' association, for the common use of the home or lot owners and tenants within the development, as required herein.

   D.   All principal buildings must front upon a public or private street or way.

(Ord. 98-176. Passed 8-3-98.)

   The minimum gross site area for a planned unit development shall be as follows:

   A.   A planned unit development project shall contain not less than fifty (50) acres of gross land area, exclusive of:

      1.   Any portion of the right of way of any existing public or private street or any such proposed right of way shown on the Major Thoroughfare Plan of the City, as adopted and amended;

      2.   Any portion of any railroad rights-of-way; and

      3.   Land utilized by public utilities as easements for major facilities, such as electric transmission lines, sewer lines, water mains or other similar lands which are not available to the owner because of such easements.

   B.   All land within the development shall be contiguous in that the site shall not be divided into segments by:

      1.   Any limited access highway;

      2.   Any railroad right-of-way; or

      3.   Any tract of land, other than local streets or rights-of-way for pipelines or electric transmission lines, not owned by the developer or the planned unit development. The site must be capable of being planned and developed as one integral unit.

   C.   The site shall be in common ownership or control by the developer at the time the proposed development is approved. Any transfer of land resulting in ownership by two or more parties shall not alter the applicability of the regulations contained herein.

(Ord. 98-176. Passed 8-3-98.)

   The net site area available for development into residential lots and other uses shall be computed by subtracting from the gross site area the amount of land area needed for street rights-of-way. The average percentage for street rights-of-way in conventional subdivision developments to be subtracted from the gross site area is considered to be twenty (20) percent. However, in a planned unit development, the actual area for street rights-of-way to be provided may be subtracted from the gross site area to determine the net site area available for development.

   To determine that portion of the net site area available for residential development, the acreage to be developed as educational institutions, religious places of worship, government buildings or any similar uses shall be subtracted from the net site acreage.

(Ord. 98-176. Passed 8-3-98.)

   Individual lots may be reduced in area below the minimum lot area required for the zoning district, provided that the density of dwelling units per net acre is not greater than would be allowed if the site were developed under the district requirements. Lot areas within planned unit development projects shall not be varied or reduced in area more than thirty (30) percent of the lot size required in the zoning district regulations. Thus the minimum lot areas for planned unit developments within the respective corresponding residential districts shall be as follows:

 

 

   The net area of a lot shall be computed exclusive of any portion of the right-of-way of any existing public or private street, or any proposed rights-of-way.

   The minimum lot widths at the building setback line within the respective districts shall as follows:

 

 

   All lots shall have a lot depth to lot width ratio not greater than three and one-half to one.

(Ord. 98-176. Passed 8-3-98.)

   All principal and accessory buildings shall be set back a minimum distance of twenty-five (25) feet measured from the right-of-way lines of all public and private streets or ways.

(Ord. 98-176. Passed 8-3-98.)

   The minimum depth of rear yards shall be thirty (30) feet.

(Ord. 98-176. Passed 8-3-98.)

   The minimum width of side yards shall be as follows:

   A.   For single-household and two-household detached residential dwellings, the minimum width of each side yard shall be five (5) feet.

   B.   For multi-household buildings, the minimum width of each side yard shall be twenty (20) feet. (See building orientation and separation requirements.)

(Ord. 98-176. Passed 8-3-98.)

   A perimeter transitional yard no less than fifty (50) feet in depth shall be maintained along all property lines defining the perimeter of the gross site area of the entire planned unit development. Such yard shall be landscaped and unoccupied by any principal or accessory building or parking area.

   Where a planned unit development abuts a commercial or industrial district, the perimeter transitional yard shall be effectively landscaped or fenced, to a minimum height of six (6) feet, to serve as a buffer strip separating the two uses.

(Ord. 98-176. Passed 8-3-98.)

   The following shall apply to multi-household dwellings in a planned unit development:

   A.   No multi-household building shall be erected, reconstructed or converted for use as a dwelling unless the following minimum gross floor areas per dwelling unit are provided:

 

 

   Total gross floor area shall be considered the sum of the areas for residential use on the several floors of a building or buildings measured from the faces of the exterior walls.

   B.   The total gross floor area includes:

      1.   Halls, lobbies, stairways and elevator shafts;

      2.   Basement or lowest story, to the extent they are used for residential use; or

      3.   Enclosed balconies and porches.

   C.   The total gross floor area does not include:

      1.   Any terrace, patio, atrium, porch or balcony which is not enclosed;

      2.   Any area for special purpose for common use of all occupants, such as recreation, library, infirmary, laundry or storage;

      3.   Any garage or carport; or

      4.   Any area used for major mechanical equipment.

(Ord. 98-176. Passed 8-3-98.)

   The total gross residential floor area within a planned unit development shall not exceed the maximum areas prescribed below for the respective corresponding districts:

 

 

   If the planned unit development is to be located in more than one existing residential district, the permitted gross floor area shall be separately determined for each portion of the gross site area that is in a separate district. These figures must then be combined to determine the total gross floor area that would be permitted on the site if developed under the district regulations. This total gross floor area shall then be divided by the total number of gross acres comprising the site to determine the gross floor area permitted per acre of land contained within the net site area.

(Ord. 98-176. Passed 8-3-98.)

   All planned unit developments shall contain a mixture of single household detached, two-household and multi-household residential dwellings. The maximum number of dwelling unit types contained within a proposed planned unit development should not exceed that prescribed below for the respective corresponding districts, in order to insure an adequate mixture of various types of dwelling units within the project:

 

 

   These percentages are to be used as a guide to insure a variety of dwelling types consistent with the intent of the respective districts.

(Ord. 98-176. Passed 8-3-98.)

   No building or structure shall hereafter be erected or structurally altered to a height exceeding the height limitations of the following specifications:

   A.   In any part of the planned unit development within three hundred (300) feet horizontally of the planned unit development boundary no building or structure shall exceed the height permitted in the adjoining district. If any land is located within three hundred (300) feet horizontally of two or more zone districts the lowest height restrictions shall apply.

   B.   In any part of the planned unit development not subject to the previous paragraph no building or structure shall exceed the following height limitations:

 

 

   A.   The orientation and minimum separation of all multi-household buildings shall be as prescribed below in order to provide:

      1.   Adequate light and ventilation to protect the health of the occupants and users thereof;

      2.   Necessary access and maneuvering area for fire-fighting equipment and other emergency vehicles; and

      3.   A reasonable degree of visual and audible privacy between adjacent buildings for the occupants.

   B.   The minimum horizontal distance between facing walls of any two or more buildings on the lot shall be as follows:

      1.   Two facing walls both containing a window or windows shall, in no case, be less than the average height of the facing walls, but not less than forty (40) feet apart.

      2.   Two facing walls, only one of which contains a window or windows, shall in no case be less than thirty (30) feet apart.

      3.   Two facing walls, neither of which contains a window or windows, shall in no case be less than twenty (20) feet apart.

      4.   The shortest distance of separation between corners of two buildings where there are no facing walls shall be twenty (20) feet.

   Facing walls are walls opposite to and parallel to one another or walls which are so oriented that their wall lines extended intersect at an angle of less than sixty-five (65) degrees. Furthermore, multi-household buildings and structures shall be separated from any single-household or two-household dwelling by a distance not less than the height of the multi-household dwelling structure.

(Ord. 98-176. Passed 8-3-98.)

   The following shall regulate court dimensions for multi-household buildings in planned unit developments:

   A.   Outer Courts.

   The width of any outer court formed by walls on three (3) sides shall be not less than the average height of the opposing walls forming such court, but not less than forty (40) feet. The depth of an outer court shall be not greater than one and one-half (11/2) times its width.

   B.   Inner Courts.

      1.   The minimum dimensions of an inner court formed by walls on all four (4) sides shall be not less than the average height of the walls enclosing such court, but not less than forty (40) feet.

      2.   An open and unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross section area and sufficient headroom to permit the passage of fire-fighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.

(Ord. 98-176. Passed 8-3-98.)

   The following shall regulate the minimum livable open space required in a planned unit development:

   A.   A portion of the net site area shall be livable open space for the use and enjoyment of the residents. Livable open space is the minimum required non-vehicular open space left unobstructed to the sky. No parking spaces, loading areas or drives shall be included as part of the livable open space to be provided on the site. No area designated as reserved for educational institutions, religious places of worship, neighborhood retail business or other similar nonresidential uses shall be defined as livable open space.

   The total livable open space required within a development shall be based upon the permitted gross residential floor area, as prescribed in the following table:

 

 

   For purposes of complying with the livable open space requirement, permanent bodies of water, indicated on the most recently published United States Geological Survey Maps or indicated by more recent aerial photography and field observation, shall be credited as livable open space.

   The total livable open space shall consist of two components: common livable open space and private livable open space. For each square foot of land gained through the averaging or reduction of lot areas under the provisions of this chapter, an equal amount of land shall be provided as common livable open space. The common livable open space shall be included as part of the total livable open space. The common livable open space and recreational facilities to be included shall not be individually owned or owned under condominium provisions unless such condominium provisions include the entire project as shown on the approved site development plan, or unless deed restrictions, as stated below, are included.

   The remaining portion of livable open space to be provided may be thought of as private livable open space to be distributed around the residential buildings in the form of yards, private patios and courts, and similar areas.

      B.   A minimum of sixty (60) percent of the total number of dwelling units in the development shall directly abut the common livable open space, and all other dwelling units shall have public access via a pedestrian circulation system of paths or walkways and be in close proximity to the common livable open space. The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed necessary by the Planning Commission, pedestrian underpasses or overpasses in the vicinity of educational institutions, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic. The common livable open space shall be available for the use of all occupants of the total project as defined on the approved site development plan and shall be available for use not later than at such time as sixty (60) percent of the total dwelling units indicated on the approved site development plan are completed and ready for occupancy. No open area may be accepted as common livable open space under the provisions of this chapter unless it meets the following standards:

      1.   The location, shape, size and character of the area must be suitable for the anticipated open space needs of the residents of the planned unit development.

      2.   The area must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned unit development, considering its size, intensity of development, expected population, topography and other site features and the number and type of dwellings to be provided.

      3.   The open space must be suitably improved for its intended use, but areas containing natural features worthy of preservation may be left unimproved. Any recreational buildings and structures or similar recreational improvements which are permitted must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the area, having due regard to its topography and other natural features.

      4.   The development schedule included as part of the development plan must coordinate the improvement of the common open space, the construction of recreational buildings and structures, and the construction of residential dwellings in the planned unit development.

      5.   If the final site development plan provides for recreational buildings, structures and improvements in the common open space of a value in excess of twenty-five thousand dollars ($25,000), the developer must provide a bond or other adequate assurance as approved by the City Law Director that the recreational buildings, structures and improvements will be completed. The Planning Commission shall release the bond or other assurance when the recreational buildings, structures or improvements have been completed according to the final site development plan.

   All common livable open space shown on the final site development plan must contain legally enforceable reservations and restrictions which will insure the preservation of such land for recreational and similar open apace uses for the enjoyment and benefit of the owners and residents.

   C.   All land shown on the final site development plan as common livable open space must be conveyed under one of the following options:

      1.   It may be conveyed to a public agency such as the City, with approval of the Park and Recreation Board, or the Lorain County Metropolitan Park Board, which will agree to maintain the common open space and any recreational buildings, structures or improvements which have been placed on it. When this option of conveyance is elected, the common open space shall constitute an integral part of the existing public parks and open space system or be designated as potential open space on the City's Future Land Use Plan, as adopted and amended.

      2.   It may be conveyed to trustees of an incorporated homeowners and tenants association. The common open space must be conveyed to the trustees subject to covenants, to be approved by the Planning Commission, which restrict the common open space to the uses specified on the final site development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

   The following shall regulate neighborhood retail business development in planned unit developments:

   A.   In planned unit developments having a projected total of at least six hundred (600) dwelling units neighborhood retail business facilities shall be permitted that are consistent with the basic architectural character of the development. The total area, including parking, on which such retail activities occur, shall not exceed five (5) percent of the total net site area. The retail development shall be limited to the following kinds of uses:

      1.   Personal services;

      2.   Neighborhood retail businesses;

      3.   Restaurants, not including drive-in or drive through facilities; and

      4.   Accessory uses clearly incidental to the uses permitted on the same premises.

   These uses shall be designed to serve only the residents of the planned unit development. The retail business area as a whole shall be no larger than necessary to serve the project residents as determined by a market analysis or economic feasibility study.

   B.   If development of the planned unit development is to take place in phases, retail development shall not be permitted until at least one-third of the total number of dwelling units projected for the entire planned unit development are under construction.

   C.   Effective landscape plants and/or decorative fences, to a minimum height of six (6) feet, shall be provided on the boundaries of the retail business development when such development abuts areas occupied or likely to be occupied by residences. All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.

   D.   Off-street parking, loading and service areas for the retail business facilities shall be provided in accordance with the provisions set forth in Chapter 1175.

(Ord. 98-176. Passed 8-3-98.)

   Off-street parking requirements shall be as follows:

   A.   The required parking spaces shall be provided on the individual lots or within two hundred (200) feet of the residential dwelling unit to be served. All parking spaces and service drives shall be improved with bituminous concrete or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.

   B.   No one area for off-street parking of motor vehicles, except for enclosed garages, shall exceed twenty (20) cars in capacity. Separate parking areas shall be physically separated from one another by minimum ten (10) foot long planting strips.

   C.   A structure or landscape planting shall be provided of sufficient height and density to screen off-street parking lots from streets and other areas of public view. Such screening treatment shall conform to the requirements of all applicable ordinances of the City and to such reasonable conditions as may be required by the Planning Commission.

   D.   No less than twenty (20) feet of open space shall be provided between any principal building and the curb line of any surface parking area or access drive.

   E.   The curb line of any surface parking area or access drive shall be at least five (5) feet from any exterior lot line.

   F.   All dead-end parking lots shall be designed to provide sufficient back-up area for the end stall of the parking area.

   G.   Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided without requiring the moving of another motor vehicle.

   H.   The width of entrance and exit drives shall be:

      1.   A minimum of twelve (12) feet for one-way use only;

      2.   A minimum of twenty (20) feet for two-way use; and

      3.   A maximum of twenty-four (24) feet at the street line.

(Ord. 98-176. Passed 8-3-98.)

   All streets shall conform to the Subdivision Regulations.

(Ord. 98-176. Passed 8-3-98.)

   Adequate provisions shall be made for vehicular and pedestrian circulation to and within the development. The development shall be designed so that each dwelling is located on a local street planned in such a way that through traffic is minimized. Access to and from the development shall be via major streets with connections located at such places as to minimize the disruption of traffic flow on these streets. At no time shall traffic be directed through existing residential neighborhoods on other than major streets. Provision should be made for the continuation of major streets through the development. All planned developments shall have two points of access to the existing or planned future street system.

(Ord. 98-176. Passed 8-3-98.)

   The area of the lot not landscaped, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the City Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining properties.

(Ord. 98-176. Passed 8-3-98.)

   All planned unit developments shall provide for underground installation of electric and telephone utilities. Public water and sewer facilities shall be available or shall be provided as part of the development. Utilities and maintenance of facilities shall be in accordance with requirements and regulations of the appropriate municipal authority having jurisdiction thereof.

(Ord. 98-176. Passed 8-3-98.)

   Trash and/or garbage collection areas for all residential buildings shall be enclosed on at least three sides by a decorative solid wall or solid fence of at least four (4) feet in height or such greater height as needed to completely enclose the containers from top to bottom, if such area is not within an enclosed building or structure. Such solid wall or solid fence shall be situated so as to screen the view of the collection area from adjacent streets and properties.

(Ord. 98-176. Passed 8-3-98.)

   Effective erosion and sediment controls shall be planned and applied according to the following principles:

   A.   The smallest practical area of land should be exposed to erosion at any one time during development.

   B.   When land is exposed to erosion during development, the exposure should be kept to the shortest practical period of time.

   C.   Temporary vegetation and/or mulching shall be used to protect critical areas exposed to erosion during development.

   D.   Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.

   E.   Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.

   E.   The permanent final vegetation and structures shall be installed as soon as practical in the development.

   G.   The development plan shall be fitted to the topography and soils so as to create the least erosion potential.

   H.   Wherever feasible, natural vegetation should be retained and protected.

(Ord. 98-176. Passed 8-3-98.)

   The provisions set forth in Chapter 1174 shall apply in this district.

(Ord. 98-176. Passed 8-3-98.)

   The provisions set forth In Chapter 1184 shall apply in this district.

(Ord. 98-176. Passed 8-3-98.)