Green City Zoning Code
PLANNED DEVELOPMENT
REGULATIONS
§ 157.115 PLANNED DEVELOPMENTS REQUIRE A DISTRICT CHANGE.
In addition to the provisions of this chapter regarding the development of a PD District, an application request for any type of PD District included in this chapter is also subject to the procedures set forth in § 157.048. The original establishment and application of a PD District shall be regarded as and subject to the same requirements as a district change.
(Prior Code, § 1228.01) (Ord. 2009-21, passed 10-27-2009; Ord. 2013-03, passed 2-26-2013)
§ 157.116 PERMITTED USES.
(2) Table 157.087-1
illustrates the permitted uses within a PD District subject to the provisions of this chapter.
(3) The PZC and City Council may further limit the specific types of uses permitted within the PD District or place conditions on uses during the map amendment process.
(4) Permitted residential accessory uses shall include those accessory uses that are permitted in the R-1 District and comply with all applicable sections of this Code.
(5) Permitted nonresidential accessory uses shall include those accessory uses that are permitted in the B-1 District and comply with all applicable sections of this Code.
(6) Uses not specifically listed as permitted by these districts may be permitted if the PZC determines the uses to be of the same general character as the above permitted uses.
(Prior Code, § 1228.02) (Ord. 2009-21, passed 10-27-2009; Ord. 2013-03, passed 2-26-2013; Ord. 2016-01, passed 4-26-2016)
§ 157.117 GENERAL PROJECT DEVELOPMENT STANDARDS.
The following provisions shall apply to any type of PD District, unless expressly stated.
(1) Gross project area. The gross area of a tract of land proposed to be developed in a PD District shall be as noted in Table 157.118-1
and in § 157.119(1). All land within the development shall be contiguous and shall not be divided into segments by any limited access highway, railroad right-of-way or tract of land (other than streets or rights-of-way for pipelines or electric transmission lines) not owned by the developer of the planned development.
(2) Mixed use PD definition. As referred to within this chapter, mixed-use PDs are those planned developments which include a central area of nonresidential uses and/or mixed use buildings that comprises at least 50% of the total project area.
(3) Minimum open space requirements.
(A) The minimum gross project area of a nonresidential planned development to be dedicated as open space is noted in § 157.119(1). The minimum gross project areas of a residential or mixed use planned development are noted in Table 157.118-1
.
(B) The following areas shall not be counted toward compliance with open space requirements:
1.) Private yards not subject to an open space or conservation easement;
2.) Public or private streets or rights-of-way, including sidewalks;
3.) Open parking areas and driveways for dwellings;
4.) Land covered by structures not designated for active recreational uses; and
5.) Designated outdoor storage areas.
(C) Improved areas.
1.) A minimum of 25% of the required open space shall be reserved for active recreational uses which may include, but are not limited to, pools, playgrounds, tennis courts, jogging/walking trails, community centers, improved ponds, public plazas (that may serve as gathering places for residents) or other improved area that may be used by the public as approved by the PZC.
2.) Improved open space shall be evenly distributed throughout the planned development, unless otherwise approved by the PZC.
(D) Required common open space may include bike or hike paths, parkland, open areas, bridle paths, open drainageways, swimming pools, clubhouses, tennis courts, golf courses, parking areas for any of the above, and other lands of essentially open or undisturbed or improved character, exclusive of off-street parking areas and street rights-of-way. Land area occupied by storm water management devices, including retention ponds, may be counted towards the open space requirement when such features are treated as a site amenity as approved by the PZC; detention ponds shall not be counted towards open space.
(E) Wetlands qualify as common open space if recommended for preservation and placed in an easement.
(F) Public utility and similar easements and rights-of-way are not acceptable for common open space dedication, unless such land or right-of-way is useable as a trail or similar purpose and has been approved by the PZC.
(G) Disposition of common open space.
1.) Control of common open space shall be accomplished through the use of a conservation easement for the preservation of undisturbed natural land areas and may be owned by the homeowner’s or condominium association.
2.) Open space may be dedicated to the city for park and recreational purposes only if the city agrees to accept such dedication by vote of City Council.
3.) The required amount of common space land may also be dedicated to the city who will enter into a perpetual easement with a homeowner’s or condominium association.
4.) The homeowner’s or condominium association shall make adequate provisions for perpetual care and maintenance of all common areas in the legal articles creating such organization. The legal articles relating to the organization of the homeowner’s or condominium association shall be subject to review and approval by the PZC.
5.) Where a homeowner’s or condominium association becomes defunct, the city may assess the property owners for the cost of maintenance.
6.) The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
(4) Private improvements.
(A) All improvements shall meet or exceed the standards for public improvements. Bonds shall be posted per § 157.050(9).
(B) Central sanitary sewer and water facilities shall be required for all development within a PD District.
(C) Other utilities, including, but not limited to, telephone, cable television and electrical systems, shall be provided for in all developments and shall be underground to the maximum extent feasible.
(D) Storm water retention/detention facilities should be grouped together wherever possible to provide a water feature that can become a site amenity.
(E) Site grading and retention/detention facilities shall be designed to drain the site adequately without creating a negative impact to the drainage characteristics of the neighboring properties.
(F) Storm drain grate inlets shall be permanently marked with no dumping to indicate that dumping is prohibited due to drainage into natural waterways.
(5) General site development.
(A) Chain link fences are permitted only when they are painted black and not visible from any public right-of-way or parking areas with more than five parking spaces. Slats may be used in chain link fencing if approved by the PZC.
(B) All dumpsters, mechanical equipment, service entrances, loading areas and outdoor storage shall be located behind buildings and be screened in accordance with this chapter. Equipment located on a rooftop is permitted if screened in accordance with the provisions of this Code.
(C) The construction materials and colors of walls and fences that are visible from any public right-of-way or visible from parking areas with more than five parking spaces shall be uniform and compatible with the architectural style, color, and building materials of the principal building and its surroundings and as approved by the DRB and the PZC.
(6) Vehicular and pedestrian circulation.
(A) Cul-de-sacs shall be discouraged, unless there is unique topography or other hardships. The use of cul-de-sacs shall require approval by the PZC and in no case shall more than 20% of the lots have frontage on a cul-de-sac.
(B) Sidewalks shall be provided on each side of every street and shall be creatively developed to interconnect different land use areas and open spaces.
(C) Pedestrian connections shall be provided between sidewalks and buildings.
(D) Sidewalks in residential areas shall be a minimum of five feet in width.
(E) Sidewalks in nonresidential or mixed use areas shall be of a minimum to allow for six feet of clearance around any outdoor dining areas or streetscaping elements, such as benches, trees and the like.
(7) Building design.
(A) All elevations of a building shall be subject to review. A front facade shall be architecturally emphasized although all sides of a building shall be architecturally consistent with the front facade.
(B) Buildings shall be architecturally oriented to the street or a public right-of-way and the main entrance shall be located on the street facade or facing the public right-of-way. In cases where there is an anti-access easement or access is not permitted from a particular road or public right-of-way, the building shall not be required to face the subject road or right-of-way.
(C) Buildings shall be comprised of materials that provide for minimal maintenance, provide a high quality of craftsmanship and aesthetics, and are compatible with adjacent properties. Primary materials shall consist of brick, stone and other decorative masonry products (i.e., no standard concrete masonry units). The following shall be utilized by the DRB and PZC when reviewing building materials as they apply discretion to the design of the building, taking into account the scale and use of the building and design of the facades (i.e., windows, doors and other design features) to achieve aesthetically-complete principal and nonprincipal facades:
1.) Single-story multi-family buildings shall average a minimum of 60% primary materials on all principal facades and a minimum of 50% on all nonprincipal facades, exclusive of glass, windows and doors;
2.) Multiple story multi-family buildings shall average a minimum of 65% primary materials on all principal facades and a minimum of 50% on all nonprincipal facades, exclusive of glass, windows and doors;
3.) Commercial buildings shall average a minimum of 70% primary materials on all principal and a minimum of 60% nonprincipal facades, exclusive of glass, windows and doors;
4.) Industrial buildings shall average a minimum of 60% primary materials on all principal and nonprincipal facades, exclusive of glass, windows and doors;
5.) Mixed-use buildings shall average a minimum of 70% primary materials on all principal facades and a minimum of 60% on all nonprincipal facades, exclusive of glass, windows and doors;
6.) Nonmasonry materials, such as stucco, Exterior Insulation and Finish System (EIFS), decorative wood/vinyl sidings and architectural metals, may be permitted but shall be secondary, exclusive of gable areas;
7.) The DRB and PZC may allow other alternative material(s) as a primary material if it is the basis of an acceptable facade and/or qualifies as a material that meets the intent of this section; and
8.) The DRB shall review and make a recommendation to the PZC. The PZC shall consider the DRB’s recommendation but retain discretion to determine the final use of primary and secondary materials as they apply to the various uses. The PZC shall also take into account the exposure to adjacent developed properties and/or land for future development. The DRB and PZC may apply discretion to the percentages noted by either requiring a greater percentage or permitting a lesser percentage of primary materials.
(D) Flat rooflines are permitted with the use of cornices, parapets or some form of architectural emphasis along the roofline.
(E) Colors.
1.) The use of neon lights or bright colors, as determined by the PZC, for building materials shall be restricted to a maximum of 10% of each building facade. The total area of neon or bright colors cannot be aggregated onto one facade.
2.) All vents, gutters, downspouts, flashing, electrical conduits and the like shall match the color of the adjacent surface, unless approved by the DRB and PZC to be used expressly as a trim or accent element.
3.) The chosen color scheme should help tie all of the parts of the building together. Typically, the color that is used in a storefront area should be repeated in the upper story windows or cornice area.
(Prior Code, § 1228.03) (Ord. 2009-21, passed 10-27-2009; Ord. 2013-03, passed 2-26-2013; Ord. 2016-01, passed 4-26-2016)
§ 157.118 RESIDENTIAL DEVELOPMENT STANDARDS.
(1) Residential density and open space requirements.
(A) The maximum development densities and open space requirements of residential development in a residential or mixed use PD shall be based upon the type of development proposed within the development as illustrated in Table 157.118-1
.
Type | Minimum Gross Acreage | Maximum Density | % of Open Space |
Type | Minimum Gross Acreage | Maximum Density | % of Open Space |
Common ownership - attached detached | 5 | 6 units per acre | 15% |
Fee simple lots - attached/detached | 5 | 8 units per acre | 15% |
Mixed use - PD | 8 | 15 units per acre | 18% |
Multi-family/apartment - common ownership, i.e., single parcel (Massillon Road Corridor*) | 3 | 15 units per acre | 18% |
Multi-family/apartment - common ownership, i.e., single parcel | 5 | 12 units per acre | 18% |
Senior restricted apartment** | 3 | 20 units per acre | 15% |
* See Figure 157.118-1 | |||
** This shall mean a building or group of buildings containing dwelling units for households whose heads, or spouses, or sole members are at least 62 years of age or are handicapped as defined in Title II, § 201 of the Housing and Community Development Act of 1974, being 42 U.S.C. §§ 1437A et seq. | |||
Figure 157.118-1
(B) The maximum density shall be calculated by dividing the total number of proposed units by the gross acreage of the entire development including land for open space, rights-of-way and other public dedications.
(2) Minimum floor area requirements. Dwelling units in a multi-family dwelling shall meet the minimum floor area requirements as established in § 157.101(2).
(3) Area and yard requirements for residential uses.
(A) The minimum lot size for residential uses shall be as follows:
1.) Single-family detached dwellings shall have a minimum lot size of 5,000 square feet;
2.) Attached dwellings with four or fewer units, that are not part of a mixed use building, shall have a minimum lot size of 7,500 square feet; and
3.) Attached dwellings with more than four units, that are not part of a mixed use building, shall have a minimum lot size equal to 2,500 square feet per dwelling unit.
(B) There shall be a minimum lot width of 40 feet for all residential uses.
(C) All residential uses that have frontage along an arterial street shall have a minimum front yard setback of 30 feet.
(D) Unless otherwise specified in this chapter, all other residential building setbacks, which include front yard on a nonarterial street and side/rear yard, shall be established as part of the planned development review process. Generally, these building setbacks should be less than those required in a traditional development.
(4) Single-family and two-family dwelling standards. The following standards shall apply to all lots for single-family and two-family dwellings.
(A) Single-family and two-family dwellings shall not exceed 36 feet in overall height.
(B) Dwellings shall have a maximum front yard setback of 20 feet if the residence is part of a mixed use PD, unless frontage is along an arterial street, as stipulated in division (3)(C) of this section. Setbacks for residential PDs shall be as approved by PZC.
(C) All dwellings in a residential area are encouraged to have a front porch, facing the primary street, that extends along a minimum of 50% of the front elevation.
(D) Principal and accessory buildings or structures may not cover more than 70% of the lot.
(E) At least one parking space shall be provided within an enclosed garage whether attached or detached from the main dwelling.
(F) One accessory garage may be permitted; provided it is located in the rear yard.
(G) One accessory dwelling unit may be constructed above a detached accessory garage. In such case, the accessory structure shall not exceed 24 feet in overall height.
(H) Accessory uses shall be subject to the regulations of § 157.087, unless otherwise exempted in this chapter.
(I) Garages and parking areas other than driveways shall be designed as follows.
1.) Garages may be accessed from a rear alley where approved by the PZC and City Council. If alleys are approved, the rear yard setback shall not apply to accessory garages.
2.) Front loading garages shall be flush or setback from the front building line.
3.) Access to a detached accessory garage or a side loading garage may be made by a driveway along the side of the principal building; provided the driveway is set back a minimum of two feet from side lot lines.
(5) Multi-family dwelling standards. The following standards shall apply to all multi-family dwellings or mixed use buildings with attached multi-family units (apartments).
(A) Areas designated for multi-family dwellings may include all forms of attached housing including two-family dwellings and residential dwelling units located above businesses.
(B) Multi-family dwellings shall not exceed 60 feet in overall height in a residential PD or 75 feet as part of a mixed-use building.
(C) Parking in the front yard of any multi-family or mixed use buildings with residential uses shall be limited to one access drive and one double bay of parking stalls
(see Figure 157.119-1).
(D) On-street parking shall be permissible; provided the planned development is designed to include on-street parking.
(E) Building setbacks shall meet the requirements set forth in divisions (3)(C) and (3)(D) of this section.
(6) Common ownership of parcels upon which two or more dwellings are constructed. Before a zoning permit is issued for the construction of units where two or more dwellings are to be clustered on one parcel of land, the owner of such parcel shall be bound by a covenant running with the land, approved by the city’s legal counsel, that so long as any such dwellings are upon such parcel of land, such parcel upon which such group is erected shall remain in one parcel. No division of property shall be allowed unless granted by the PZC and City Council through an approved subdivision.
(Prior Code, § 1228.04) (Ord. 2009-21, passed 10-27-2009; Ord. 2013-03, passed 2-26-2013)
§ 157.119 NONRESIDENTIAL AND MIXED USE DEVELOPMENT STANDARDS.
(1) Project area and open space. The gross project area of land proposed to be developed in a nonresidential PD district (i.e., all commercial uses proposed) shall be three acres. The open space required shall be 15% of the gross project area.
(2) Height and setback requirements.
(A) Nonresidential buildings and mixed use buildings shall not exceed 80 feet in overall height.
(B) Unless otherwise specified in this chapter, building setbacks shall be established as part of the planned development review process.
(3) Nonresidential and mixed use building standards. The following standards shall apply to all nonresidential or mixed use buildings:
(A) Buildings shall be oriented toward the major street. Buildings located on an intersection shall have the main entrance oriented toward the major street and any facade facing other streets shall have a similar architectural style(s);
(B) The ground floor of the buildings should be designed to support retail businesses, personal services, restaurants, cafes and other uses that will encourage street level activities;
(C) Offices or residential should be developed on the second, third and fourth floors of multi-floor buildings;
(D) On-street parking shall be permissible; provided the planned development is designed to include on-street parking;
(E) Ground-mounted, attached signs, awning signs and projecting signs shall be permitted to identify businesses in accordance with § 157.135. Attached signage is encouraged when buildings are at the minimum front setback;
(F) Open spaces between buildings that create courtyards or walkways to the rear of the property or parking areas are strongly encouraged;
(G) Buildings and parking areas shall be set back a minimum of 20 feet from the right-of-way. Sidewalks may be located in this setback if an easement is provided; and
(H) Parking in the front yard of any nonresidential building shall be limited to one access drive (two if corner lot) and one double bay of parking stalls
(see Figure 157.119-1).
(Prior Code, § 1228.05) (Ord. 2009-21, passed 10-27-2009; Ord. 2013-03, passed 2-26-2013)