Hiram City Zoning Code
CHAPTER 1133
Planned Unit Development Floating District
1133.01 PURPOSE.
It is the purpose of this chapter to recognize and accommodate in a unified development, creative and imaginative residential and/ancillary development and to permit those innovations in the technology of land development that are in the best interests of the Village; and to provide for a continuous residence in the Village for the elderly who are able and who desire to remain in Hiram Village. In order to accomplish this purpose, it is the intent in establishing this section to achieve:
(a) A maximum choice of living environments by allowing a variety of housing and living facilities, permitting an increased density per acre and flexibility in yard and area requirements to allow for clustering of living units;
(b) More functional patterns of open space and recreation areas;
(c) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns;
(d) A more efficient use of the land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and
(e) A development pattern in harmony with land use density, transportation facilities, and the community facilities objectives adopted by the Village.
The Village is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning provided that the developer can demonstrate that any increment of public cost clearly attributable to increase densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
(Ord. 88-10. Passed 1-10-89.)
1133.02 SPECIAL PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENTS.
Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of other chapters in this Zoning Code, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Code. Except as specifically noted, nothing in this chapter shall be interpreted to exempt PUD’s from all provisions of the Hiram Village Subdivision Regulations.
(Ord. 88-10. Passed 1-10-89.)
1133.03 APPLICATION AND PROCEDURE.
A PUD District shall be approved by the Planning Commission and the Village Council. Upon approval, a Planned Unit Development District may be applied to any existing residential district meeting the requirements, and for which PUD approval has been granted. Upon approval of a final development plan, the official zoning map shall be annotated for the land area involved so that the district name includes the notation: “PUD”.
(Ord. 88-10. Passed 1-10-89.)
1133.04 USES.
Within a PUD District, all buildings, structures or premises shall be used or designed to be used for the following uses: Compatible residential, commercial, public, medical, quasi public and open space, or recreational uses may be combined, provided that the proposed location of the commercial uses will not adversely affect adjacent property, and/or the public health, safety and general welfare. Central sanitary sewer and water facilities are required.
(a) Permitted Uses.
(1) Dwelling units in detached, semi-detached, attached or clustered, or multistoried structure, or any combination thereof, and which includes special housing for the elderly such as congregate living facilities, retirement homes, medical and nursing homes/extended care and similar facilities.
(2) Commercial uses may be limited to those types judged by Hiram Village to be compatible with the purpose and the predominantly residential nature of planned unit developments.
(3) Institutional/public and quasi/public uses may be permitted within a PUD that will be compatible with the predominately residential nature of a PUD.
(4) Open space/recreational uses such as natural environmental features, swimming pools, tennis courts and other recreational facilities deemed appropriate by the Planning Commission, shall be permitted as part of the required open space within the PUD.
(5) Accessory uses clearly incidental to the uses permitted on the same premises. (Ord. 88-10. Passed 1-10-89.)
(1) A PUD shall contain a minimum of thirty (30) acres. All land within the development shall be contiguous in that it shall not be divided into segments by:
A. Any limited access highway, or
B. Any 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.
Smaller parcels may be considered on their basis to satisfy the objectives of this chapter as stated in Section 1133.01.
(2) When the PUD proposes a mixture of residential uses with commercial uses and/or institutional uses permitted by Section 1133.04(a)(2) and (3) respectively, the Planning Commission may limit the development of such nonresidential uses to twenty percent (20%) or less of the tract.
(b) Density (Overall Density). Each PUD project area shall not contain more than four (4) residential living units per acre of the total project area, exclusive of streets.
(c) Setbacks from Streets and Lot Lines.
Public and Private Street ROW | PUD Boundary Lot Lines | |
Main building, front | 40 feet | 30 feet |
Main building, side or rear | 30 feet | 30 feet |
Accessory building, front | 40 feet | 30 feet |
Accessory building, side or rear | 25 feet | 20 feet |
(d) Minimum Distance Between Buildings: 35 feet.
(e) Maximum Building Height: 35 feet.
(f) Minimum Livable Floor Area:
(1) Apartments: Five hundred (500) square feet for an efficiency apartment.
Seven hundred (700) square feet for one (1) bedroom apartment.
Nine hundred (900) square feet for a two (2) bedroom apartment.
One hundred (100) square feet for each additional bedroom over two (2) bedrooms.
(2) Single family dwellings: 1,200 square feet plus 200 square feet for each additional bedroom over one (1).
(g) Minimum Lot Size, Frontage and Width for Conventional Single Family Dwellings:
(1) 10,000 square feet/dwelling unit.
(2) Sixty (60) foot frontage on a public road, or private road built to Village of Hiram Subdivision Regulation standards.
(3) Seventy-five (75) foot lot width.
(Ord. 88-10. Passed 1-10-89.)
1133.06 OPEN SPACE.
(a) A minimum of twenty (20) percent of the net area of the PUD shall be reserved in perpetuity for public and/or private common open space and recreational facilities. Such open space shall be available to and accessible to all residents of the PUD and shall be designed primarily for their use. Open space shall be exclusive of all streets, non-recreational buildings and individually owned land. Design of common open space areas shall be governed by the following standards:
(1) Permanent bodies of water should comprise no more than thirty (30) percent of the required open space, at the discretion of the Planning Commission, depending on the water body’s utility as a recreation or open space asset to the PUD.
(2) Common open space may be improved with appropriate recreation facilities and structures as long as total paved or roofed areas do not exceed five (5) percent of the total open space.
(3) Significant natural amenities such as outcroppings, tree stands, ponds, ravines and stream channels should be left in their natural state and considered part of the required open space, subject to the above standards.
(b) Public open space which is to be developed as a major activity center should be located on a thoroughfare designed to accommodate the resulting traffic volumes.
(c) Disposition of Open Space. Prior to subdivision approval, the developer of the PUD shall submit legal instruments which prescribe the manner of plan of care and maintenance of common open spaces and recreation facilities. Approval by the Planning Commission of such instruments shall be based on the following standards:
(1) The instruments shall guarantee that open space as shown on the final development plan will remain as such. The Planning Commission may require that all development rights to the open space be deeded to the Village or such other appropriate public body, or that permanent restrictive covenants be attached to the open space.
(2) Such instruments shall convey to the Village and other appropriate governmental bodies the right of entrance to the common open space and recreation facilities for emergency purposes or in the event of nonperformance of maintenance or improvement affecting the public interest. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied against the property owner.
(3) Common open space and recreation facilities shall be deeded to a homeowners association, funded community trust or similar entity. If a private entity is to hold title to common open space, it shall not dispose of any common open space or recreation facility without first offering to dedicate the same to the Village. Membership in a homeowner’s association shall be mandatory of all property owners within the PUD. Public utility and similar easements and rights of way for water courses and other similar channels are not acceptable for common open space dedication to the Village unless such land or right of way is unusable as a trail or other similar purpose and approved by the Planning Commission and Village Council. (Ord. 88-10. Passed 1-10-89.)
1133.07 CIRCULATION.
Vehicular and pedestrian circulation systems shall be designed to insure safe, efficient movement through the PUD and into surrounding highway systems. Design of circulation systems shall be governed by the following standards:
(a) Safe and easy access by emergency vehicles shall be provided for all areas of the PUD.
(b) Direct access from single family residential lots to arterial collector thoroughfares shall be minimized.
(c) Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimal hazards to vehicular or pedestrian traffic. Minor streets within the PUD shall be designed to discourage their use by through traffic.
(d) The pedestrian and bicycle system and their related walkways shall be insulated as much as possible from vehicular movement.
(Ord. 88-10. Passed 1-10-89.)
1133.08 PARKING REQUIREMENTS.
There shll be provided outside the public or private right of way a minimum of two (2) parking spaces for each dwelling unit. These spaces may be located in the vicinity of the dwelling unit or in an area designated for guest parking as deemed appropriate by the Planning Commission. For retirement developments, one (1) space per two (2) dwelling units.
(Ord. 88-10. Passed 1-10-89.)
1133.09 UTILITY REQUIREMENTS.
Underground utilities, including telephone and electrical systems, are required within the limits of all planned unit developments.
(Ord. 88-10. Passed 1-10-89.)
1133.10 EROSION AND SEDIMENTATION CONTROL.
Erosion and sediment control plan shall be reviewed by the Village.
(Ord. 88-10. Passed 1-10-89.)
1133.11 ANCILLARY AND NONRESIDENTIAL USES.
The Planning Commission may approve ancillary uses provided the location is appropriate for such use. The relationship of such uses to adjoining circulation pattern and the relationship of such land uses to the land use and development patterns adjoining the PUD shall be evaluated.
Commercial, institutional, and other nonresidential uses and buildings (except industrial), when submitted to the Planning Commission, shall be planned as groups having common parking areas and common ingress and egress points to reduce the number of potential accident locations at intersections and thoroughfares. Planting screens or fences shall be provided at the perimeter of the commercial, institutional or nonresidential areas abutting residential areas. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal vehicular and pedestrian circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas. 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.
(Ord. 88-10. Passed 1-10-89.)
1133.12 PROCEDURE FOR APPROVAL OF PUD DISTRICT.
(a) General Procedure. In general, the procedure for approval requires site plan review and approval, and approval of the development plan. The plan for streets and improvements must comply with Hiram Village Subdivision Regulations.
(b) Pre-Application Meeting. The developer shall meet with the Zoning Inspector and the Planning Commission 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 the comprehensive development plan, major thoroughfare plan, the parks and public open space plan, the subdivision regulations, and the drainage, sewer, and water systems of the Village, if such plans are in effect.
The developer is also encouraged to meet with the Portage County Regional Planning Commission to discuss the PUD plan.
(c) The developer shall follow the guidelines for application for site plan review under Chapter 1111 and zoning permits.
(d) Criteria for Decision by the Planning Commission. Before making its decision, the Planning Commission shall find that the facts submitted with the application as presented that:
(1) The proposed development can be completed within five (5) years of the date of approval;
(2) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.
(3) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
(4) Any proposed commercial development can be justified at the locations proposed.
(5) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the development plan, in accord with the planned unit development regulations and the adopted policies of the Planning Commission and Village Council.
(6) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
(7) The planned unit development is in general conformance with the comprehensive development plan of the Village and/or County.
(8) The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
(e) Supplementary Conditions and Safeguards. In approving any planned unit development district, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions or safeguards, when made a part of the terms under which the development plan is approved, shall be deemed a violation of this Zoning Code, and punishable under Section 1107.11
of this Zoning Code.
(f) Expiration and Extension of Approval Period. The approval of a development plan for a Planned Unit Development District shall be for a period not to exceed five (5) years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within five (5) years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved development plan may be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest.
No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the planned unit development was granted.
(Ord. 88-10. Passed 1-10-89.)