Planned Unit Developments Districts may be permitted as amendments to the zoning map, after application and approval of specific and detailed plans, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units. The provisions of this chapter are adopted to unify planning and development in such districts. Applications for rezoning of land into a Planned Unit Development District shall be granted only when the basic development plan for the project is such that the public health, safety and morals shall not be jeopardized by a departure from the restrictions on corresponding uses in the standard zoning district. PUD rezonings may be approved only when a basic development plan for the area has been approved by Council. A detailed development plan shall then be approved for zoning permit to be approved for development in the District. Normally the detailed development plan shall be approved by the Planning Commission after the rezoning and basic development plan have been approved by Council. Owners shall have the option however, of submitting a combined basic and detailed development plan ("combined development plan") if they should so desire for some or all of the site.

(Ord. 93-O-602, Passed 3-22-93)

As provided in Section 1171.01, the following types of planned unit developments include:

The permitted and special use listings contained within each of the PUD zoning districts constitute the only permitted and special uses allowed in each of the PUD zoning districts that an applicant may choose from in applying for the applicant's PUD rezoning and use designation. The applicant shall set forth those permitted and special uses the applicant desires as part of its application for rezoning to the appropriate PUD zoning district as herein provided. The Planning Commission shall consider said requested uses as part of the basic development plan review and City Council shall take appropriate action on said Planning Commission recommendation as part of any rezoning.

(Ord. 2006-O-1655, Passed 9-25-06)

The developer is encouraged to meet with the zoning staff of the City prior to submission of the application for rezoning and the basic development plan. The purpose of such a meeting would be to discuss pertinent items such as major thoroughfare plans, platting and subdivision regulations, and requirements of the City in other areas including but not limited to storm drainage, zone requirements for corresponding uses in standard zoning district, and the standards and requirements applicable to planned unit development districts in general.

In addition, the developer may request a preapplication conference with the Planning Commission in order to present a general concept of the proposed development prior to preparation of detailed plans. At such a conference the developer should be prepared to display to the Commission a vicinity or location map, a scaled plan of the site showing approximate location of street improvements, a plot plan showing the tentative location of buildings on the site, and a description of the proposed height and appearance of buildings and of the uses proposed for the location.

(Ord. 93-O-602, Passed 3-22-93)

Each application shall be accompanied by a fee consistent with the prevailing fee structure of the City, and in addition the applicant shall be obligated to reimburse the City for expenses it incurs as provided in Chapter 177 of the Codified Ordinances. The application shall be submitted on the rezoning application form as provided by the City and shall contain the following data together with such other information and materials as may be required by the City:

(a)

Name, address and telephone number of applicant and the owner of the property, if other than the applicant;

(b)

Legal description of property and also street address, if applicable;

(c)

Description of existing use;

(d)

Zoning description;

(e)

Description of proposed planned development;

(f)

A schedule of development and completion of the district. If a district is to be developed in stages, a timed schedule and percentage of each stage to the total development plan shall be submitted; and

(g)

Basic development plan or combined development plan.

(Ord. 93-O-602, Passed 3-22-93)

(a)

The basic development plan shall consist of at least the following information together with such other data and materials as may be required by the City:

(1)

Site plan showing the actual shape and dimensions of the lot to be built upon or to be changed in its use together with the location of the existing and proposed structures with approximate square footages, number of stories including heights of structures;

(2)

Typical elevation views of the front and side of each type of building;

(3)

Planning location and dimensions of all proposed drives, service access road, sidewalks and curb openings;

(4)

Parking lot areas (show dimensions of a typical parking space), unloading areas, fire lanes and handicapped parking;

(5)

Landscaping plan, walls and fences;

(6)

Storm water detention and surface drainage;

(7)

Exterior lighting plan;

(8)

Vehicular circulation pattern;

(9)

Location and square footage of signs;

(10)

Topographic survey; and

(11)

Listing of proposed uses taken from the list of permitted and special uses of the PUD zoning district to which rezoning is being sought.

(b)

The Planning Commission shall schedule both the proposed rezoning and the issue of approval of the basic development plan for a combined public hearing, following which it shall make its recommendation indicating approval, approval with modification or disapproval.

(Ord. 2006-O-1655, Passed 9-25-05)

The Planning Commission shall review the application, prepared development plan and the facts presented at the hearing. The applicant shall have the burden of proof. No approval shall be given unless the Commission shall find by a preponderance of the evidence that such PUD on the proposed locations:

(a)

Is consistent with official thoroughfare plan, comprehensive development plan and other applicable plans and policies;

(b)

Could be substantially completed within the period of time specified in the schedule of development submitted by the developer;

(c)

Is accessible from public roads that are adequate to carry the traffic that shall be imposed upon them by the proposed development. Further, the streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development;

(d)

Shall not impose an undue burden on public services such as utilities, fire and police protection, and schools;

(e)

Contains such proposed covenants, easements and other provisions relating to the proposed development standards as may reasonably be required for the public health, safety and welfare;

(f)

Shall be landscaped or otherwise improved and the location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the existing intended uses, and any part of a PUD not used for structures, parking and loading areas, or accessways;

(g)

Shall preserve natural features such as water courses, trees and rock outcrops, to the degree possible, so that they can enhance the overall design of the PUD;

(h)

Is designed to take advantage of the existing land contours in order to provide satisfactory road gradients and suitable building lots and to facilitate the provision of proposed services;

(i)

Shall place underground all electric and telephone facilities, street light wiring and other wiring conduits and similar facilities in any development which is primarily designed for or occupied by dwellings, unless waived by the Commission because of technical reasons;

(j)

Shall not create excessive additional requirements at public cost of public facilities and services and shall not be detrimental to the economic welfare of the community;

(k)

Shall not involve uses, activities, processes, materials, equipment and conditions of operation that shall be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; and

(l)

Rezoning of the land to the PUD District and approval of the development plan shall not adversely affect the public peace, health, morals, safety or welfare.

(Ord. 93-O-602, Passed 3-22-93)

The Planning Commission shall review the proposed PUD as presented in the application and basic development plan in terms of the standards in Section 1171.06 and the specific requirements as outlined in all Planned Unit Developments. The Commission shall hold a public hearing on the proposed PUD. At least ten days in advance of such hearing, notice of time and place of such hearing shall be published in a newspaper of general circulation in the City. Written notice of such hearing shall be mailed at least ten days before the public hearing to the owners of property located within 200 feet of the property proposed for the PUD. The Planning Commission shall make its recommendation, indicating approval, approval with modifications, or disapproval. If the Commission recommends approving rezoning of land to a PUD District and also approves a basic development plan for the area to be rezoned, it may impose upon that plan any additional requirements or conditions deemed appropriate by the Commission to ensure that the development shall meet the standards described in Section 1171.06 and shall comply with the intention and objectives of this Zoning Ordinance.

If the owner chooses to submit a combined development plan, the Planning Commission shall review the aspects of it constituting the basic development plan pursuant to the standards set out in Section 1171.06. The detailed development plan aspects shall be reviewed in the same manner as provided herein for review of detailed development plans.

(Ord. 93-O-602, Passed 3-22-93)

Council shall hold a public hearing for application for rezoning and approval of the basic development plan (or combined development plan) after receiving the proposal from the Planning Commission. At least 15 days' notice of the time and place of such public hearing shall be placed in a newspaper of general circulation in the City. Written notice of such hearing shall be mailed at least ten days before the public hearing to the owners of property located within 200 feet of the property proposed for the PUD. Council shall approve, reject or approve with modifications the rezoning and basic development plan in the same manner as other rezoning requests. If the applicant has chosen to submit a combined development plan, Council shall review the aspects of it constituting the basic development plan pursuant to the standards set out in Section 1171.06. If Council approves the basic development plan aspects of a combined development plan, the detailed development plan shall be deemed to be approved and no further action shall be required for the area covered by the combined development plan. If the basic development plan aspects of a combined development plan are modified, the combined development plan shall be changed in all aspects to meet that modification. The City staff in charge of plan review shall determine when the basic development plan or combined plan meets the modification required by Council.

(Ord. 93-O-602, Passed 3-22-93)

The detailed development plan shall conform substantially to the basic development plan. If desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved basic plan which is proposed to be recorded and developed; provided however, that such portion conforms to all requirements of this chapter and other applicable ordinances. The requirement procedure for approval of a detailed development plan shall be:

(a)

The detailed plan and supporting data shall be filed with the City. The Planning Commission shall determine that such plan is in conformity with these regulations and in agreement with the approved basic plan.

(b)

After review of the detailed plan and supporting data, the Commission shall approve or disapprove the plan submitted by the developer. Disapproval of the detailed plan shall be based on its failure to comply with the basic development plan and current applicable codes, standards and regulations.

(Ord. 89-O-339, Passed 2-6-89)

It is the purpose of the Planning Development regulations to encourage property owners to develop their land in efficient and effective ways. It is the intent of these regulations to encourage land uses which may not always meet traditional zoning rules. Inherent in these Planned Development regulations is an opportunity for property owners to develop their sites without requiring strict compliance with all zoning regulations where the overall plan is deemed to be in the best interest of the City. During review of a Basic or Detailed Development Plan by the Planning Commission or City Council, all requirements within Part 11, Title 7 of the Code are to be used as guidelines and may be varied as part of the Basic or Detailed Development Plan if it is determined that such deviation will not materially adversely affect neighboring properties or the community as a whole, any such variation of these requirements does not change the overall plan and character of the proposed development, and the variance does not have the effect of nullifying the intent and purpose of these regulations or the Zoning Ordinance. In granting variances or modifications, the Commission or Council may require such conditions as shall, in its judgement, secure substantially the objective of the standards or requirements so varied or modified.

(Case 427; Ord. 2002-O-1367, Passed 9-9-02)

The land in a PUD Zoning District shall be platted to the extent required by the Subdivision Regulations of this City. To the extent that the approved development plans authorize changes in requirements of those Subdivision Regulations, approval of those plans shall be deemed to constitute variances in those Regulations.

(Ord. 89-O-339, Passed 2-6-89)

A PUD shall be developed only according to the approved and recorded detailed development plan and supporting data together with all recorded amendments and shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the PUD as set forth therein.

(a)

Major Changes. Changes which alter the concept, uses or intent of the PUD including increases in the number of units per acre, change in location or amount of nonresidential land uses, more than 15 percent modification in proportion of housing types, significant redesign of roadways, utilities or drainage, may be approved only by submission of a new basic plan and supporting data in accordance with Sections 1171.03, 1171.04 and 1171.05.

(b)

Minor Changes. The Zoning Officer recommends to the Planning Commission approval or disapproval of the minor changes in the PUD. Minor changes are defined as any change not defined as a major change.

(Ord. 89-O-339, Passed 2-6-89)

The Planning Commission shall consider the PUD subject to revocation if construction falls more than one year behind the schedule filed with the detailed plan.

(Ord. 89-O-339, Passed 2-6-89)

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 year from the date of such order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Commission.

(Ord. 89-O-339, Passed 2-6-89)

(a)

After Council has approved the basic development plan and the zoning, the applicant shall complete the detailed development plan and obtain a zoning certificate for development of the site.

The Planning Commission shall review the plan and recommend the continuance of the rezoning and approved plan or amending to the original zoning district.

(b)

The applicant shall show substantial progress with actual physical development of the district within 18 months following the issuance of the zoning certificate or appear before the Commission for an extension or recommendation that the zoning reverts to the original zoning district.

(c)

If the district is to be developed in phases, Phase II shall commence at the approved time or the Commission shall conduct a review as set forth in subsection (a) hereof.

(Ord. 89-O-339, Passed 2-6-89)

BASIC DEVELOPMENT PLAN REQUIREMENTS FOR PUD DISTRICT

All Basic Development site plans shall be scaled at 1" = 20' for individual lots and 1" = 40' for major subdivision. Plans must show the following:

1.

Property lines, right-of-way lines and all easements of record.

2.

Location of all abutting properties within 200 feet and list of owners and addresses.

3.

Location of all public and private utilities including local services on or adjacent to site.

4.

Existing physical features including structures, drives, adjacent roads and number of lanes, ditches, trees, wells, sanitary fields, etc.

5.

Sizes, grades and type of material for all existing gravity sewers, force mains and appurtenances.

6.

Existing elevations at property corners and other key locations (USGS datum).

7.

Location of proposed structures, out buildings and/or other improvements, setback dimensions, landscaping or buffer strips, parking spaces, handicapped parking, type of ground surface, free standing signs or lighting, underground tanks, detention ponds and approximate sizes of all facilities.

8.

One foot contour lines, swales and other natural or man-made drainage facilities either on the property or in the streets and easements adjacent to the property. Direction of on-site overload flow and any changes in flow after proposed development.

9.

Direction of drainage flow for all abutting properties together with location and direction of concentrated water volumes (downspouts, field tiles, etc.).

10.

Proposed finished grades of all structures, ground elevations at all structure corners and tentative grades for all proposed driveways, swales, pipes, etc.

11.

Dedication of street to adopted right-of-way limits when required by thoroughfare plan.

12.

Widening of roadways and inclusion of sidewalks when required by thoroughfare plan.

13.

Storm water management plan and preliminary hydraulic calculations in accordance with Montgomery County Detention Standards.

(Ord. 89-O-339, Passed 2-6-89)

DETAILED DEVELOPMENT PLAN REQUIREMENTS FOR PUD DISTRICT

DETAILED DEVELOPMENT PLANS - Submit six copies.

The following is a list of requirements for the Detailed Development Plan:

1.

Drawing

a.

Size 24" x 36"

b.

Scale 1" = 10' (unless otherwise indicated)

c.

Indicates North arrow

d.

Measurements in feet to nearest hundredth

e.

Show for conveyancing

1.

Boundaries by length, by bearings in clockwise direction, by interior angles and by dimensions of radius, arc, and chord of curves. Show both measured and recorded figures if not in agreement. Show right-of-way line if not contiguous with property line.

2.

Area in acres; if less than acre indicate square feet.

3.

Label streets.

4.

Indicate types of corner marker used.

5.

Dimension between property lines and;

a.

sidewalk

b.

curbs or paving

c.

center line of street

d.

adjacent structure

6.

Names of owners of adjoining properties.

7.

Rights-of-way, easements, recorded and/or actual.

8.

Right-of-way widenings (required by thoroughfare plan).

9.

Building setback lines.

10.

If site is adjacent to limited access highway, indicate limited access right-of-way.

11.

Indicate recorded property lines if parcel is made up of two or more parcels.

f.

Topographical Information

1.

Structures, walks, curbs, street pavement, valve boxes, manholes, and catch basins.

2.

Location of nearest fire hydrant.

3.

Established bench mark as close to property as possible. (U.S.G.S)

4.

Proposed street and right-of-way widenings and elevations.

5.

Elevation of ground surface at lot corners, at 20' contour intervals and at points where grade change significantly on vacant parcels. Developed parcels need only to show elevations at lot corners and spot elevation to show drainage patterns.

6.

Foundation of existing building, if applicable.

7.

Indicate size and invert elevations of sanitary and storm sewers.

8.

Show location of water and gas services.

9.

Note if any utility is not available.

10.

If utilities are not accessible at property line but can be obtained within a reasonable distance, indicate the most probable point of connection.

11.

If sanitary sewer is not available, indicate location for leach field system.

12.

If water is not available, indicate probable location for well.

13.

Indicate approximate height of utility wires crossing property and nature and type of service, i.e., 240 3 phase, 208, 100, etc. Indicate distance to nearest transformer and location.

14.

Indicate zoning of this property and properties on adjacent sides.

15.

Indicate if sprinkler system is required in work room, storeroom or sales area.

g.

Finished drawings

1.

All proposed construction: structures, walks, curbs, parking, loading areas, etc.

2.

All proposed utilities complete which includes water, sanitary, gas, electric, cablevision and telephone services.

3.

All on site storm drainage and final grading plan including storm detention complete to Montgomery County standards with calculations.

4.

Final detailed sign(s) location, including elevation above grade.

(Case 105, 2-6-89, Effective 3-8-89; Ord. 89-O-339, Passed 2-6-89)

The following principal uses are permitted, provided that they are approved as provided for in this chapter:

(a)

All residential uses permitted in all other chapters of the Zoning Ordinance such as: one family dwellings, two family dwellings, multiple family dwellings, including garden apartments, row houses, quadraminiums and condominiums;

(b)

Churches and other places of worship;

(c)

Colleges, primary and secondary schools under School Board or Parochial supervision, and public libraries;

(d)

Public recreation buildings, parks, playgrounds and athletic fields under School Board, Parochial, other governmental supervision or "homeowners association" supervision; and

(e)

Uses designed solely to serve in a complementary way the needs of this District above.

(Ord. 89-O-339, Passed 2-6-89; Ord. No. 2023-O-2594, § 8, Passed 7-24-23)

The following accessory uses are permitted:

(a)

Uses customarily incidental to all permitted uses; and

(b)

Temporary structures and uses required during construction in this District.

(Ord. 89-O-339, Passed 2-6-89; Ord. No. 2019-O-2398, § 1, 10-14-19)

Except when specifically modified herein, the provisions of Chapter 1181, "General Provisions", shall govern. In addition, the following development standards apply:

(a)

Minimum "PR" Land Area Requirement.

(1)

A minimum of one acre shall be required.

(b)

Dwelling Unit Density—Five Dwelling Units.

(1)

The average dwelling unit density for the entire district shall not exceed five dwelling units (DU) per acre.

(2)

Minimum area standards such as individual lot size, frontage, setbacks, side and rear yards shall be those prescribed in the City approved detailed final development plans, except that:

A.

Lots for detached single family dwellings shall meet each of the standards set forth in Section 1147.04.

(c)

Dwelling Unit Density—Eight Dwelling Units.

(1)

Dwelling unit density for the entire district shall not exceed eight dwelling units per acre of land on which dwellings are constructed. For example, if the entire district is three acres but dwellings are constructed on two acres only, dwelling unit density for the entire district shall not exceed 16 dwellings.

(2)

Minimum area standards such as individual lot size, frontage, setbacks, side and rear yards shall be those prescribed in the City approved detailed final development plans, except that:

A.

Lots for detached single family dwellings shall meet each of the standards set forth in Section 1147.04.

(d)

Dwelling Unit Density—Twelve Dwelling Units.

(1)

Dwelling unit density for the entire district shall not exceed 12 dwelling units per acre of land on which dwellings are constructed. For example, if the entire district is three acres but dwellings are constructed on two acres only, dwelling unit density for the entire district shall not exceed 24 dwellings.

(2)

Minimum area standards such as individual lot size, frontage, setbacks, side and rear yards shall be those prescribed in the City approved detailed final development plans, except that:

A.

Lots for detached single family dwellings shall meet each of the standards set forth in Section 1147.04.

(e)

Character of Neighborhood. Use of the Planned Residential Zoning District for developments with a proposed dwelling unit density greater than five dwelling units per acre shall be considered only when the district is bounded at least on one side by R-5, R-6, R-7, O-1, B, I, or Planned Development Districts.

(Case 378, 6-17-76; Case 235, 7-11-94; Ord. 94-O-711, Passed 7-11-94; Ord. 2006-O-1664, Passed 10-23-06)

(a)

The provisions of Chapter 1185, "Parking and Loading", shall apply, except that at least two permanently maintained parking spaces shall be provided for each family unit, except for detached single family dwellings.

(b)

Required parking spaces shall not be part of public thoroughfares, private roads leading to and serving the sites of the various uses in this district.

(Ord. 89-O-339, Passed 2-6-89)

The distribution systems for utilities are required to be underground.

(Ord. 89-O-339, Passed 2-6-89)

The following principal uses are permitted provided that they are approved as provided for in this chapter:

(a)

Business offices;

(b)

Professional offices, including medical and dental clinics and offices;

(c)

Financial offices, including banks, savings and loan associations, and finance companies;

(d)

Utility company offices;

(e)

Professional and business schools;

(f)

Schools and studios for music, arts, crafts, dance and photography; and

(g)

Mortuaries and funeral parlors with living accommodations for the owner or manager.

(Ord. 89-O-339, Passed 2-6-89)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses; and

(b)

Pharmacies.

(Ord. 89-O-339, Passed 2-6-89)

Except when specifically modified herein, the provisions of Chapter 1181, "General Provisions" shall govern. In addition, the following development standards shall apply:

(a)

Minimum Land Area Requirement.

(1)

No minimum land area shall be required.

(b)

Site Planning.

(1)

All yards within the development plan except those abutting an Office or Industrial District shall be maintained in landscaping and not used for parking, to the extent of a minimum of 15 feet along property lines.

(2)

The parking and loading facilities shall be a distance of at least 25 feet from the established right-of-way line, and the building(s) or the structure(s) at least 75 feet from the established right-of-way line per the Official Thoroughfare Plan or the recorded plat.

(Case 443, 4-2-80; Ord. 89-O-339, Passed 2-6-89)

The provisions of Chapter 1185, "Parking and Loading" shall apply except that off-street loading space shall be provided with area, location and design appropriate to the needs of the development and specific uses within it, and the space designated for off-street loading shall not be used for off-street parking.

(Ord. 89-O-339, Passed 2-6-89)

The following shall be permitted as a special use:

(a)

Places of worship.

(b)

Therapeutic massage facilities; day spa facilities.

(Ord. 89-O-339, Passed 2-6-89; Ord. 2005-O-1543, Passed 2-14-05)

The following principal uses are permitted, provided that they are approved as provided for in this chapter:

(a)

Churches and other places of worship, including parish and/or parsonage houses;

(b)

Colleges, schools and libraries;

(c)

Public recreational buildings, playgrounds and athletic fields;

(d)

Golf courses, including country clubs and swimming pools, including beaches;

(e)

Cemeteries;

(f)

Fishing lakes and ponds;

(g)

Hospital, sanatoriums, charitable institutions and rest homes;

(h)

Parks, community centers and granges;

(i)

Radio and television transmission stations;

(j)

Airports;

(k)

Parking lots;

(l)

Fraternal organizations, service clubs and other nonprofit organizations and their buildings and grounds and meeting places;

(m)

Nursery centers and day care centers;

(n)

Animal hospitals and kennels;

(o)

Bingo establishments; and

(p)

Activities of the City, including but not limited to police buildings, fire stations and other municipal structures and uses.

(q)

Banquet facilities with no on-site food preparation.

(Case 419; Case 468, 9-24-81; Ord. 89-O-339, Passed 2-6-89; Case 174, 6-4-90, Effective 7-2-90; Ord. 90-O-415, Passed 6-6-90; Ord. 2002-O-1347, Passed 6-10-02)

Only the following accessory uses shall be permitted in this district:

(a)

Uses customarily incident to all principal permitted uses.

(Ord. 89-O-339, Passed 2-6-89)

Except when specifically modified herein, the provisions of Chapter 1181, "General Provisions" shall govern. In addition, the following development standards shall apply:

(a)

Minimum Land Area Requirement.

(1)

No minimum land area shall be required.

(b)

Site Planning.

(1)

All yards within the development plan except those abutting an Office, Commercial or Industrial District shall be maintained in landscaping and not used for parking, to the extent of a minimum of 15 feet along property lines.

(2)

The parking and loading facilities shall be a distance of at least 25 feet from the established right-of-way line, and the building(s) or the structure(s) at least 25 feet from the established right-of-way line per the Official Thoroughfare Plan or the recorded plat.

(Ord. 89-O-339, Passed 2-6-89)

The provisions of Chapter 1185, "Parking and Loading" shall apply except that off-street loading space shall be provided with area, location and design appropriate to the needs of the development and specific uses within it, and the space designated for off-street loading shall not be used for off-street parking.

(Ord. 89-O-339, Passed 2-6-89)

The following special uses shall be permitted in this district:

Banquet facilities with on-site food preparation in accordance with the provisions of Chapter 1135.

(Case 419; Ord. 2002-O-1347, Passed 6-10-02)

This District is intended to permit the development of mobile home parks in association with other residential development types while maintaining a reasonable population density and by providing for the unique requirements for this type of development. The provisions of this District are established to assure that the site design and arrangement in relation to other areas together with the provision of associated facilities result in an attractive, orderly and efficient residential environment of sustained desirability in harmony with adjacent areas.

(Ord. 89-O-339, Passed 2-6-89)

The following principal uses are permitted:

(a)

Mobile home parks.

(1)

Mobile homes (not self-propelled vehicles).

(b)

Modular or sectional homes.

(Ord. 89-O-339, Passed 2-6-89; Ord. No. 2023-O-2594, § 9, Passed 7-24-23)

Only the following accessory uses shall be permitted in this District:

(a)

Coin-operated laundry, laundry and dry cleaning pick-up stations for use of tenants only. No external sign of any nature whatsoever shall be permitted.

(b)

Other accessory uses, buildings or structures customarily incidental to the aforesaid use.

(c)

On-site mobile home sales. The sale of mobile homes within a mobile home park or subdivision shall be a special use having one year duration. Such use shall be reviewed at the end of the first year for possible extension for an additional year, in total representing a maximum two year duration.

Such sales areas shall be well screened from the residential section of the park or subdivision and shall be located at the periphery of the site. All signs used for advertising shall be unobtrusive to the surrounding property.

(d)

Neighborhood commercial facilities. In mobile home parks 50 areas or more, neighborhood commercial facilities such as markets, barbers, beauty shops, doctor's office, etc., may be planned in conjunction with a mobile home park but may not be physically occupied until the park is 75 percent occupied by residents.

(Ord. 89-O-339, Passed 2-6-89)

Individual mobile homes located within the PMH District shall have a minimum floor area of 600 square feet.

(Ord. 89-O-339, Passed 2-6-89)

Each mobile home park shall have a minimum gross site area of ten acres.

(Ord. 89-O-339, Passed 2-6-89)

Gross density for a mobile home park shall not exceed seven dwelling units per acre.

(Ord. 89-O-339, Passed 2-6-89)

(a)

Public Utilities. Each mobile home park shall be served by public water and sewer systems.

(b)

Underground Utilities. In each mobile home park all wires, cables and lines providing telecommunication, including cable television, and electric utilities services and connections of such utility systems to buildings and light poles in such parks, shall be located underground.

(c)

Mobile home parks shall meet the requirements of the Ohio Sanitary Code adopted by the Public Health Council under the authority of the Ohio Revised Code.

(Ord. 89-O-339, Passed 2-6-89)

(a)

Access. Each mobile home park shall have direct access to a principal County, Township, City or State highway or arterial street or road.

(b)

Streets.

(1)

Streets shall be adopted to the topography and should have suitable alignment and gradient for traffic safety, satisfactory surface and ground water drainage, and proper functioning of sanitary and storm sewer systems.

(2)

Flexible pavement. The required base should be a minimum of eight inches thick and composed of crushed stone, gravel or other appropriate durable material compacted to the practical maximum density. The wearing surface should be bituminous concrete a minimum of one and one-half inches thick compacted to the maximum practical density.

(3)

Rigid pavement. Where Portland cement concrete is used it should not be less than five inches thick on a prepared subgrade constructed in accordance with accepted practices, with expansion joints where driveways and walks abut each other or the curb.

(4)

Width. The minimum pavement width of interior one way streets with parking permitted on one side shall be 20 feet. The minimum width of two way streets with parking permitted on one side shall be 30 feet. The minimum width of two way streets without parking permitted shall be 20 feet.

(Ord. 89-O-339, Passed 2-6-89)

In all mobile home parks, the following landscape provisions shall apply:

(a)

Along each property line, and within the 50 foot setback area, there shall be provided screen fencing, landscape planting or a landscaped berm or a combination thereof which shall be so designed or planted as to be 25 or more opaque when viewed horizontally between two feet and eight feet above average ground level.

(b)

Trees of at least one inch caliper shall be installed on both sides of all streets within the mobile home park at a spacing of 50 feet between trees.

(Ord. 89-O-339, Passed 2-6-89)

The following setback requirements for all mobile homes located in a mobile home park shall apply:

(a)

From all perimeter lot lines: 50 feet.

(b)

From any mobile home located in the mobile home park: 15 feet.

(c)

From any community building: 50 feet.

(d)

From any public or private street located within the park: 15 feet.

(Ord. 89-O-339, Passed 2-6-89)

A minimum of ten percent of the gross site area shall be set aside and reserved for usable open space. Such open space shall be in one or more parcels, not less than one acre each. The minimum dimension of such open space shall be 200 feet in any direction. For the purposes of this section, "usable open space" means parks, common open areas and areas containing a combination of community service buildings (clubhouses, swimming pools, etc.) and outdoor recreation areas.

(Ord. 89-O-339, Passed 2-6-89)

Two paved, off-street parking spaces having a minimum area of 200 square feet each shall be provided for each mobile home site. Such parking space shall be located either on the mobile home site, behind the front setback area or in a common parking area within the mobile home park.

(Ord. 89-O-339, Passed 2-6-89)

In addition to any signs that are permitted under Chapter 1189, a mobile home development shall be permitted to have an identification sign containing the name of the park not to exceed 32 square feet, a name plate attached to each mobile home, which is no larger than one square foot, directional signs indicating the location of utility buildings, including management office, parking area and common recreation areas and traffic control signs.

(Ord. 89-O-339, Passed 2-6-89; Ord. No. 2019-O-2398, § 1, 10-14-19)

(a)

Lighting. Appropriate lighting shall be provided along all interior roadways and walkways. All lights shall be so positioned and shaded to avoid a glare on adjoining properties.

(b)

Drainage. Each mobile home space shall be so constructed to provide adequate storm water drainage from ramps, patios and all walls and foundations of the mobile home to the roadway.

(c)

Fuel Supply. Where fuel is stored in outdoor storage tanks, they shall be supported by a concrete base and screened from view of surrounding mobile home spaces and the streets.

(d)

Enclosed Undercarriage. All mobile homes located in mobile home parks shall be enclosed from the bottom of the structure to the ground.

(e)

Stand: Concrete Ribbons. Each mobile home site shall be provided with a stand consisting of a solid concrete slab or two concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock.

(f)

Refuse Containers. All refuse containers shall be screened from view of surrounding mobile homes spaces and the street.

(Ord. 89-O-339, Passed 2-6-89)

The following principal uses are permitted provided that they are approved as provided for in this chapter:

(a)

Retail, office and commercial establishments;

(b)

Personal service commercial establishments;

(c)

Motels and hotels;

(d)

Filling stations;

(e)

Service stations; and

(f)

Public garages.

(g)

Sweepstakes cafe.

(Ord. 2012-O-1948, Passed 3-12-12)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incident to all principal permitted uses; and

(b)

Temporary buildings and uses for construction purposes, not to exceed 12 months.

(Ord. 89-O-339, Passed 2-6-89)

Except when specifically modified herein, the provisions of Chapter 1181, "General Provisions" shall govern. In addition, the following development standards shall apply:

(a)

Minimum Land Area Requirement.

(1)

No minimum land area shall be required.

(b)

Site Planning.

(1)

All yards within the development plan except those abutting a Business or Industrial District shall be maintained in landscaping and not used for parking, to the extent of a minimum of 15 feet along property lines.

(2)

The parking and loading facilities shall be a distance of at least 25 feet from the established right-of-way line, and the building(s) or the structure(s) at least 75 feet from the established right-of-way line per the Official Thoroughfare Plan or the recorded plat.

(Ord. 2006-O-1656, Passed 10-5-05)

The provisions of Chapter 1185, "Parking and Loading" shall apply, except that off-street loading space shall be provided with area, location and design appropriate to the needs of the development and specific uses within it, and the space designated for off-street loading shall not be used for off-street parking.

(Ord. 89-O-339, Passed 2-6-89)

The following shall be permitted as a special use:

(a)

Reserved.

(b)

Fraternal organizations, service clubs and other nonprofit organizations in accordance with the provisions of Chapter 1135. In addition to the criteria set forth in Chapter 1135, the parking requirements have to be reviewed yearly.

(c)

Places of worship.

(d)

Indoor self-service storage facilities as part of an adaptive reuse of an existing building.

(Ord. 2000-O-1159, Passed 1-10-00; Ord. 2002-O-1354, Passed 6-24-02; Ord. No. 2023-O-2569, § 3, 2-13-23)

Any principal permitted use in the Industrial Districts, I-1 and I-2, and PO Planned Office District shall be permitted. Manufacturing, processing, warehousing, industrial service activities, office and associated activities may be developed, operated and maintained within a single, organized development in accordance with an approved Planned Industrial Development District.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

Only the following accessory uses shall be permitted in this District:

(a)

Uses customarily incidental to all principal permitted uses; and

(b)

Temporary buildings and uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

Except when specifically modified herein, the provisions of Chapter 1181, "General Provisions" shall govern. In addition, the following developmental standards shall apply:

(a)

Minimum Land Area Requirements.

(1)

No minimum land area shall be required.

(b)

Site Planning, General Design Standards and Improvement Requirements.

(1)

Total land occupancy by all buildings for a Planned Industrial Development District shall not exceed 75 percent of the area of the tract to be developed.

(2)

Planned Industrial Development Districts shall have access to at least one major thoroughfare as established on the Official Thoroughfare Plan.

(3)

Landscaping and use of yards shall be as follows:

A.

Required side and rear yards shall be maintained in landscaping and shall not be used for off-street parking along all property lines which abut residential or PM districts. The landscaping shall include, at a minimum, a six foot high wooden or vinyl fence structure, earth mound, or wall with an opaqueness of 100 percent.

B.

Any front, side or rear yard that fronts a public street is required to be landscaped including street trees as outlined in Chapter 1181 and additional landscaping as determined appropriate by the Planning Commission.

C.

The project area, where it abuts another business, office, or industrial district, shall be maintained in landscaping and not used for parking, to the extent of a minimum of 15 foot depth along property lines.

(4)

Off-street parking and loading spaces shall be required as set forth in Chapter 1185. In addition:

A.

Off-street parking and loading facilities shall be provided, with area, location and design appropriate to the needs and specific uses of the industrial project. Space designated for off-street parking shall not be used for off-street loading.

B.

Off-street parking and loading facilities shall not be located in the front yard of any property.

C.

Off-street parking and loading shall be of sufficient size to accommodate normal peak loads.

D.

Loading docks shall not be placed between the building and the front lot line.

(5)

There shall be a side and rear yard setback of 25 feet or equal to the heights of the principal building, whichever is greater. If adjacent to a residential district or PM District, a minimum of 75 feet.

(6)

All streets within the Planned Industrial Development District shall have a width of not less than 40 feet and shall comply with the City's construction standards.

(7)

The distribution systems for utilities are required to be underground.

(8)

Building materials. The front facade of a principal building facing any public street on any property in the PI District shall be required to be constructed of at least 30 percent masonry materials that will extend along the entire length of the facade of the principal building. For the purposes of this section, the front facade of a principal building shall include any wall of the principal building that is parallel to the public street and is located within 100 feet of the established building line. The Planning Commission shall determine the appropriateness of the proposed masonry material design. In the case of a property which has frontage on more than one public street, the facade facing the public street from which access to the property is provided shall be considered the front facade of the building. In addition to the front facade, the side or rear facades of the principal building that face Interstate 70 or a State Route shall be constructed of at least 30 percent masonry materials that shall be clearly visible to Interstate 70 or the State Route unless a sufficient landscaping buffer is provided and is determined appropriate by Planning Commission. Recommended masonry materials include brick, split face block, tilt-up concrete, dryvit or any similar material determined appropriate by the Planning Commission.

(9)

Street tree requirement. Please refer to Chapter 1181 for street tree requirements.

(10)

Trash container enclosures. Please refer to Chapter 1181 for trash container enclosure requirements.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

All uses shall be conducted wholly within a completely enclosed building except for parking, loading and unloading facilities, which shall all be off-street. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious or offensive owing to the emission of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water-carried waste.

(Case 388; Ord. 2002-O-1365, Passed 8-26-02)

The following special uses and no other shall be permitted in the "P1" District.

(a)

Sexually oriented businesses in accordance with Chapter 1135. Provided no sexually oriented business shall be located within a 500 foot radius of any other sexually oriented business. No sexually oriented business shall be located within a 500 foot radius from any residential use or residential zoning district, any public park, church or church grounds, public or private school, kindergarten or nursery school. No sexually oriented business shall be located within 1,000 feet of the right-of-way of, or be on a lot with frontage upon any divided, limited access highway including but not limited to applicable portions of Interstate 70, Ohio Route 4 and Ohio Route 235. Measurement of distances shall be as provided in Section 735.04 of the City Code of Huber Heights.

(b)

Self-storage facilities.

(c)

Self-storage facilities, indoor.

(Ord. 2006-O-1656, Passed 10-5-06; Ord. No. 2024-O-2636, § 4, 6-10-24)

(a)

This Planned Development District is intended to provide a mix of light industrial, limited commercial, and office uses in areas of the community which not only possess characteristics suitable for some business development, but which also directly abut at least in part property zoned for medium or high density residential uses and/or major interstate roadways and major arterials. In no instance shall a Planned Employment Park District abut already low density residential-zoned properties. The provisions of this District are established to assure that the site design and arrangement in relation to other areas result in an attractive, orderly and efficient environment. Uses permitted in this district shall be operated in a clean and quiet manner and are subject to additional performance standards required to protect adjacent property zoned for medium to high density residential use. Uses which may present problematic characteristics are administered as special uses.

(b)

Definition. For the purposes of this chapter only, the term "medium or high density residential use" shall mean property zoned either R-4, R-4B, R-5, R-6, R-7, or PR District on the City's Official Zoning Map.

(Ord. 2006-O-1669, Passed 11-20-06)

(a)

Permitted Uses. In the determining of permitted use within a Planned Employment Park District by the City, Planning Commission and City Council will review the particular facts and circumstances of each use proposed by an applicant, as required by section 1171.02 of the Zoning Code, and find by a preponderance of the evidence that such use is in accordance with the intent and purpose of the district, and also:

• Shall be harmonious with and in accordance with the general objectives, or with any specific objectives of the City and/or the Zoning Ordinance;

• Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity that such uses shall not change the essential character of the same area; Structures to be constructed, reconstructed or altered pursuant to special uses in residential districts shall, whenever practicable, have the exterior appearance of residential buildings of a type otherwise permitted and have suitable landscaping, screen planting and fencing wherever deemed necessary by the City;

• Shall not be hazardous or disturbing to existing or future neighboring uses;

• Shall not involve uses, activities, processes, materials, equipment and conditions of operation that shall be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

Permitted

The following uses constitute uses that may be considered pursuant to the herein set forth conditions.

(1)

Light manufacturing, compounding, processing, assembling, packaging or treatment of goods, materials and products.

(2)

Office buildings.

(3)

Commercial printing and publishing.

(4)

Technical services and professional offices, including but not limited to architects, engineers, surveyors, data processing facilities, testing laboratories and technical schools.

(5)

Motel and hotels.

(6)

Convention centers. (Only when combined with hotel facilities)

(7)

Colleges, universities, and related research facilities.

(8)

Dental laboratory services.

(9)

Health and fitness centers.

(10)

Medical laboratory services.

(11)

Nursery schools.

(12)

Civic, social, and fraternal associations.

(13)

Medical, dental, and optical manufacturing.

(14)

Uses permitted in O-1 and PO Districts as principal permitted uses.

(15)

Public utility buildings and utility structures.

(16)

Garages for storage, repair and servicing of motor vehicles, including but not limited to body repair, painting, and engine rebuilding when located on any lot which directly abuts a property zoned for medium or high density residential use. (Outdoor storage and service activities shall be prohibited)**

(17)

Uses permitted in Planned Commercial Districts as principal permitted uses.

(18)

Mortuaries and funeral parlors without living accommodations for the owner or manager. (Cremation facilities prohibited)

(19)

Warehouse/distribution facilities.**

(20)

Mini-storage warehouses.*

(21)

Motor vehicle washing facilities.**

(22)

Automobile service stations.**

*These permitted uses shall be considered as Special Uses when located on any lot which directly abuts a property zoned for medium or high density residential use. See subsection 1178.02 (c) hereof, Special Uses.

**These special uses shall be considered as a Prohibited Use when located on any lot which directly abuts a property zoned for medium or high density residential use. See subsection 1178.02 (d) hereof, Prohibited Uses.

(b)

Accessory Uses.

(1)

An accessory use, building or other structure customarily incidental and secondary to any principal permitted use or use requiring special approval.

(2)

Temporary buildings for uses incidental to construction work, provided these buildings shall be removed upon the completion or abandonment of the construction work.

(c)

Prohibited Uses. The following uses are specifically prohibited:

(1)

Transportation terminals, including trucking or motor freight terminals.

(2)

Truck stops.

(3)

Industrial laundries and dry cleaning plants.

(4)

Mining or extraction of gravel or other materials.

(5)

Heavy industrial uses including but not limited to paper manufacturing, meat packing, fuel storage or distribution, waste water treatment plants, power generation plants or resource recovery or extracting. Expressly prohibited are salvage, wrecking or demolition or junk yards, the storage or compounding of explosives, or the storage or production of large quantities of toxic/hazardous materials or waste, asphalt or concrete mixing or batching plants, refining of metals or metal ores or petroleum products, or stockyards or slaughterhouses.

(6)

Mortuaries and funeral parlors with living accommodations for the owner or manager.

(7)

Establishments for display, hire, sale and repair of new and used farm implements, automobiles, trailers, and boats.

(8)

Lumber Yard.

(9)

Blacksmith Shop.

(10)

Monument works or storage of same.

(Ord. 2006-O-1669, Passed 11-20-06)

(a)

Screening requirements. When abutting any property zoned for medium or high density residential use, the following screening standards and requirements shall be applicable:

(1)

Any existing vegetation located with the required setback for the yard directly abutting the residential-zoned property which serves as a natural screen, as determined by the City of Huber Heights, shall not be disturbed in any manner unless required for private security, public health or safety reasons or if required to meet the additional screening requirements set forth in subsection 1178.03 (a)(2) hereof.

(2)

An earthen mound shall be constructed within the required setback for any yard directly abutting the residential-zoned property. The mound shall be constructed adjacent to the residential-zoned property and aligned with any existing mounding located within the setback for any similar yard of any immediately adjacent property. Said mound shall be a minimum slope of three to one (angle of repose). The mound/berm itself shall have a grass or other suitable vegetative cover to prevent erosion. On top of the mound/berm, a staggered row of trees shall be planted ten feet apart. Said trees must be of a variety approved by the City which maintains dense foliage all year round (nondeciduous) and have a minimum caliper of two inches when planted.

(3)

All trees, grass ground cover and other plantings shall be well maintained, properly weeded, mulched and kept free of trash and other unsightly materials and/or debris. Required screening material which does not survive shall be replaced by an owner within three months after the material dies.

(4)

No variance shall be granted by the City for any of the screening requirements set forth above with the following exception:

A.

A variance from the screening requirements set forth in subsection (a)(2) hereof may be applied for if within the required setback for any yard directly abutting the residential-zoned property there exists an existing natural vegetative buffer/screen. The City shall not grant any such variance if the existing natural vegetative buffer/screen as might be supplemented by additional planting or mounding materials does not meet the same quality of screening as measured by height, opacity, and density as required under Section 1178.03(a)(2) hereof.

(b)

Parking and Loading.

(1)

Parking and loading shall be determined at the detailed development plan stage, The parking and loading provisions of Chapter 1185 "Parking and Loading" shall apply except that the City may require more or less stringent standards based on the type of use

(2)

Any loading facilities shall be screen from view from all public rights-of-way to the satisfaction of the City of Huber Heights through the use of approved landscaping, mounding, and/or building architectural features.

(c)

Signs. Permitted signage shall be approved on a case-by-case basis at a detailed development plan stage.

(1)

In no case shall wall signage be permitted on the side of a building which is located on a building face that directly faces an abutting property zoned for medium of high density residential use.

(2)

No variance may be granted for the maximum permitted height of any free standing ground or monument sign for any sites.

(3)

Pylon-mounted ground signs shall be prohibited.

(d)

Lighting. No exterior lighting shall be permitted in any yard which directly abuts any property zoned for medium or high density residential use except for ground mounted security lights which shall be full cut-off fixtures only illuminating the property itself with a maximum mounting height of 20 feet. All other exterior lighting shall be approved at a detailed development plan stage, and possess adequate illumination controls as determined necessary by the City.

(e)

Building Materials. Exterior building elevations and materials shall be approved by the City at detailed development plan stage and shall significantly utilize brick, stone, and/or other masonry materials acceptable to the City. Metal façade buildings shall be prohibited. All roof-top and pad-mounted building mechanical equipment shall be screened from view to the satisfaction of the City. Metal screening panels and metal parapet roof forms shall be prohibited. Buildings shall be designed to incorporate four-sided architecture with no apparent rear of a building unless a variance from the requirement is granted at detailed development plan stage by the City.

(f)

Utilities. All new on-site utility lines shall be placed underground. Transformer or other pad-mounted utility/mechanical equipment shall be visually screened from streets and adjacent properties to the satisfaction of the City.

(g)

Trash and Garbage Control. Trash and garbage shall be stored and controlled in contained systems and enclosed to effectively screen them from view. Enclosures shall incorporate building materials and designs compatible to the primary building(s) to the satisfaction of the City.

(h)

Landscaping. All landscaping shall meet the minimum requirements set forth in the Zoning Code except that the City may require a greater level of landscaping and screening based on the type of use.

(Ord. 2006-O-1669, Passed 11-20-06)

The Planned Mixed Use District (PM) is established to promote multi-use development where a citizen can work, shop, play, and live within a planned neighborhood. This planning concept allows uses that typically are separated by traditional zoning to be part of an overall multiple use design concept allowing each use to complement another. By permitting residential, commercial, office, and institutional uses in the same district with the proper use of landscaping, buffering, access points, and parking, a PM development can provide a well balanced community for residents, visitors, and employees and provide unique characteristics that traditional land use planning often neglects. The PM also promotes different land uses that may act as transitional zoning between conflicting land use zones.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)

The uses outlined as permitted uses in the (PR) Planned Residential District, (PO) Planned Office District, (PP) Planned Public and Private Buildings and Grounds District, and (PC) Planned Commercial District are principal uses permitted in the (PM) Planned Mixed Use District except as prohibited in this chapter.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)

The uses outlined as accessory uses in the (PR) Planned Residential District, (PO) Planned Office District, (PP) Planned Public and Private Buildings and Grounds District, and (PC) Planned Commercial District are accessory uses permitted in the (PM) Planned Mixed Use District except as prohibited in this chapter.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)

The following shall be permitted as special uses:

(a)

Places of worship.

(b)

Fraternal organizations, service clubs and other nonprofit organizations in accordance with the provisions of Chapter 1135. In addition to the criteria set forth in Chapter 1135, the parking requirements may have to be reviewed yearly as determined by the Planning Commission.

(c)

Service stations and filling stations.

(d)

Light manufacturing, compounding, processing, assembling, packaging or treatment of goods, materials and products.

(e)

Commercial printing and publishing.

(f)

Technical services and professional offices, including, but not limited to architects, engineers, surveyors, data processing facilities, testing laboratories and technical schools.

(g)

Any use the principal function of which is basic research, design and/or pilot or experimental product development or technical training.

(h)

Business and industrial service facilities.

(i)

Laboratories: experimental, film, testing, research or engineering.

(j)

Computer-communications hardware assembly, testing and operation; development, testing, operation and maintenance of software; and communications services and facilities that are incidental to the principal use.

(k)

Medical, dental and optical manufacturing.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)

The following uses are specifically prohibited:

(a)

Bingo Establishments and Instant Bingo Facilities;

(b)

Kennels, unless as an accessory use to a veterinarian;

(c)

Cemeteries;

(d)

Airports;

(e)

Blacksmith shops;

(f)

Machine shops, sheet metal and commercial painting shops;

(g)

Lumber yards;

(h)

Establishments for display, hire, sale and repair of farm implements, semi-tractors, and semi-trailers;

(i)

Truck stops or service stations servicing and/or repairing semis, semi-tractors and semi-trailers;

(j)

Parking of semis, semi-tractors and semi-trailers except for the purposes of loading or unloading and located in a designated loading space for a reasonable length of time necessary to load or unload;

(k)

Sexually oriented businesses;

(l)

Outside storage except for trash containers or recycling containers that are screened as required by this chapter;

(m)

Above ground parking garages.

(Case 346; Ord. 2000-O-1159, Passed 1-10-00)

Except when specifically modified herein, the provisions of the Planning and Zoning Code shall govern. The following development standards apply to a PM development:

(a)

Minimum Land Area Requirement. A minimum of 20 acres shall be required.

(b)

Covenants. The developer of a PM development shall be required to submit a set of covenants or deed restrictions with the Basic Development Plan application that will outline, at a minimum, development standards and guidelines established in this chapter and any other requirements the developer and/or Planning Commission deems necessary. The Planning Commission may require additional or amended covenants as it deems necessary to ensure compliance with the Planning and Zoning Code and the Planned Mixed Use District.

(c)

Required Mix of Land Uses. A developer shall be required to provide a mix of land uses in a PM Development. At a minimum, at least two of the following uses are required in a PM Development: residential, commercial, office, institutional, and/or industrial.

(d)

Site Planning.

(1)

The combination of different uses whether as part of one building or as part of the overall development shall be designed and developed so as not to create a nuisance by excessive noise, light, vibration, odor or any other annoyances for any uses within the development or neighboring properties.

(2)

A PM development is to be designed so that buildings and structures are clustered and open space areas are preserved and maintained. Special care shall be given to protect preexisting natural features including, but not limited to, woodlands, ravines, streams, lakes, ponds, and/or flood plains. Impervious surface coverage, including, but not limited to, buildings, parking area, and accessways, shall not exceed 75 percent of the total development area. Therefore, 25 percent of the development area shall be reserved for green space.

(3)

The number of ingress and egress points onto the public streets shall be limited in order to reduce the number of traffic conflict points. Adequate and properly arranged facilities for internal pedestrian and traffic circulations shall be provided. The street and thoroughfare network shall be designed to minimize truck traffic through residential areas of the development.

(4)

Parking systems shall be designed so as to discourage single large unbroken paved lots for off-street parking and shall encourage smaller defined parking areas within the total parking system. Underground parking facilities are encouraged.

(5)

The development shall be designed to tie all the uses into one overall community and encourage walking, biking, running, and alternative modes of transportation. Developers are encouraged to incorporate bus stops, bikeways, walkways, and crosswalks into an overall thematic scheme for pedestrian traffic. Sidewalks shall be required except, in the case of a golf course or specific open space development, the Planning Commission may determine them to be unnecessary.

(6)

Any signs as proposed within this district, shall comply with Chapter 1189 "Signs". Additionally, a developer of a PM development shall develop and submit with the Detailed Development Plan application, a comprehensive set of graphic design criteria for signage in the development. This set of graphic design criteria for signage shall be approved by the Planning Commission and shall apply to all signage requests within the development. The criteria shall include, at a minimum, the sizes permitted (if different from Chapter 1189), colors permitted, materials permitted, typefaces permitted, type size permitted, and permitted illumination. Compliance with the on-site comprehensive graphics shall be verified by the Zoning Administrator during the sign permit review process.

(7)

Minimum lot area, frontage and setback requirements may be varied to allow greater flexibility in design. However, the following shall be used as a guideline for development:

A.

With multiple buildings on a single property, entirely residential buildings shall be at least 15 feet from another entirely residential building and at least 50 feet from nonresidential or mixed-use buildings.

B.

With multiple buildings on a single property, nonresidential buildings or mixed use buildings shall be at least 20 feet or one-half the height of the taller building apart, whichever is greater from another nonresidential or mixed use building.

C.

All nonresidential buildings or mixed-use buildings shall be set back at least 50 feet or the height of the structure, whichever is greater, from any residential property or residential building, whichever is closer, and from the public right-of-way. This setback applies to multiple buildings on a single property, to development within a PM development, and where it abuts to adjacent property.

(8)

No maximum height restriction shall apply, except that the proposed development meets all Federal Aviation Administration (FAA), Dayton International Airport or Wright Patterson Air Force Base height or abatement requirements.

(9)

Common parking areas and accessways shall be lighted adequately with light fixtures that shall be designed to reflect light away from adjoining properties. Special attention will be given to protect entirely residential structures from light emitted from nonresidential land uses.

(10)

Nonresidential uses shall have trash containers and/or receptacles (including recycling containers) placed to the rear of all structures and shall be screened or enclosed on four sides with opening doors for the purpose of trash removal. The placement of trash containers and/or receptacles in multi-family residential developments shall be as inconspicuous as possible. The use of a wooden or vinyl fence structure, earth mound, or wall with an opaqueness of 100 percent and a height of 12 inches above the top of the largest container is required.

(11)

The architecture of nonresidential structures is encouraged to be unique yet similar in certain sections of the PM.

(12)

The distribution systems for utilities are required to be underground.

(13)

The use of privately owned open space and public dedicated park land is encouraged as part of a PM development. Privately owned open space shall be maintained by the developer or by a duly authorized owner's association.

(14)

The use of chain link fencing is prohibited. Additionally, on an entirely residential property, no fencing shall be permitted in the front yard and, in the case of a corner lot, no fencing shall be permitted in the side yard with frontage to a public right-of-way. The covenants submitted by the developer shall establish the height requirements for fencing in the development. Fencing in a development shall be uniform in height in related use areas. On an entirely residential property, fence height shall not exceed six feet.

(15)

With the submission of a Basic Development Plan application, the applicant is required to submit a phasing plan that details when certain sections of the development will commence construction and when the sections will be complete.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)

To protect and promote a harmonious development that ensures a functional and logical arrangement of mixed uses, the effective and efficient use of landscaping and buffering is required. Therefore, a PM development shall include the following landscaping and buffering:

(a)

Development Landscaping. Within the PM development that is proposed, entirely residential buildings shall be screened from nonresidential and mixed use buildings with a 20 foot wide buffer strip that includes a six foot high earth mound, wooden or vinyl fence, wall, landscaping and/or mixture thereof that shall maintain an opaqueness of at least 80 percent year around. Parking areas, accessways, or any impervious surfaces are prohibited within this buffer strip. If planted materials are used, the screen must achieve the required height, width, and opaqueness within two years of planting. The use of pre-existing trees, natural features or amenities as part of this buffer is encouraged. The Planning Commission may approve some other arrangement of buffering if it determines that such an arrangement meets the intent of this requirement.

(b)

Perimeter Landscaping. In a section of a PM development that contains nonresidential, mixed use, or multi-family buildings that abut a neighboring property with a single-family residential zoning designation or in a PM development section that contains an entirely residential section that abuts a neighboring property with a commercial, office, or multi-family zoning designation, the perimeter of the section of the PM development shall be screened with a 25 foot wide buffer strip that includes a six foot high earth mound, wooden or vinyl fence, wall, landscaping and/or mixture thereof that shall maintain an opaqueness of at least 80 percent year-round. Parking areas, accessways or an impervious surfaces are prohibited within this buffer strip. If planted materials are used, the screen must achieve the required height, width, and opaqueness within two years of planting. The use of pre-existing trees, natural features or amenities as part of this buffer is encouraged. The Planning Commission may approve some other arrangement of buffering if it determines that such an arrangement meets the intent of this requirement.

(c)

Parking Lot Landscaping. All parking lots are required to have interior landscaped areas as outlined in Chapter 1185, "Parking and Loading".

(d)

Street Tree Requirement. All frontage property within a PM development that abuts public rights-of-way and is developed with nonresidential, mixed use, and/or multi-family buildings is required to have one street tree per 40 feet of frontage planted just outside of the street right-of-way. Unless determined to be inappropriate by the City Engineer, street trees shall be planted at least four feet from the edge of the sidewalk on private property. All frontage property within a PM development along a major collector or better as defined by the Huber Heights Thoroughfare Plan, no matter what use, shall meet this requirement. The type of tree and size shall be proposed by the developer at the Detailed Development Plan application stage and approved by the Planning Commission. A list of appropriate trees with required caliper is available in the City Engineer's Office.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)

The provisions of Chapter 1185, "Parking and Loading" shall apply, except that the off-street loading spaces and docks shall be provided with area, location and design appropriate to the needs of the development and specific uses within it, and the space designated for off-street loading shall not be used for off-street parking. Within the PM development, off-street loading areas shall be physically isolated and/or enclosed from residences in or adjacent to the PM Development. In all cases, off-street loading spaces and docks are prohibited in the front and side yards of any property.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)

All requirements within this chapter are to be used as guidelines and may be varied as part of the Basic or Detailed Development Plan approval if it is determined that such deviation will not adversely affect neighboring properties or the community as a whole. Additionally, any variation of these requirements shall, in no case, change the overall plan and character of the proposed development.

(Case 346; Ord. 99-O-1199, Passed 3-22-99)