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Lockland City Zoning Code

CHAPTER 1260

PLANNED DEVELOPMENT DISTRICTS

§ 1260.01 PURPOSE.

   The purpose of the Planned Development “PD” District is to permit comprehensively planned developments approved by the Planning Commission and Village Council under more flexible zoning guidelines and site design criteria than permitted in traditional districts. The suspension of traditional zoning provisions is intended to:
   (a)   Encourage creative, high quality site design practices in the development of commercial and industrial areas;
   (b)   Promote harmony and integration with existing developments; protect adjoining properties from adverse impacts;
   (c)   Promote safe and efficient pedestrian, bicycle, and vehicular movement;
   (d)   Promote efficient layout of infrastructure; and
   (e)   Promote protection or enhancement of natural and historic resources.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.03 REQUIRED APPROVAL PROCEDURE.

   In place of enforcing the traditional zoning provisions, the village may exercise control through approval, denial, or amendment of the development plan and by requiring standards, design criteria, conditions, and agreements appropriate for the particular site it surrounds, and for the proposed use or uses. While certain modifications to the requirements of the Subdivision Regulations may be permitted in a Planned Development, careful coordination of the design and review of the proposed platting and improvements is encouraged.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.05 MINIMUM SITE REQUIREMENTS.

   The minimum area which may be classified as Planned Development District shall be three contiguous acres. A parcel or parcels of land with less acreage may be considered for planned development when it is demonstrated that such smaller area has a unique feature of geography, topography, or other development aspect which is determined to be appropriated for such district designation. However, contiguous property of less than three acres may be added to a previously established Planned Development District.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.07 PERMITTED USES.

   Within a Planned Development District, no building, structure or premises shall be used, arranged to be used, or designed to be used, in whole or in part, except for uses enumerated as a permitted, conditional or accessory use within this Zoning Code, provided that each use is identified in and approved as part of the preliminary and final development plans.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.09 PRELIMINARY PLAN PROCESS.

   (a)   The applicant shall meet with the Village Planning Commission prior to the submission of the preliminary plan.
   (b)   The purpose of these meetings is to discuss, both early and informally, the relationship of the plan to these zoning regulations, Village of Lockland Subdivision Regulations, any adopted village plans, and the thoroughfare, drainage, water, and wastewater systems of the Village of Lockland.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.11 PRELIMINARY PLAN APPLICATION REQUIREMENTS.

   (a)   An application for preliminary plan approval for the planned development shall be filed with the chair of the Village Planning Commission by at least one owner of property for which the planned development is proposed.
   (b)   At a minimum, the application shall contain the following information.
      (1)   Name, address, and phone numbers of the applicant and all property owners within the proposed development, evidence of unified control of the entire area of the development, and agreement of all owners to proceed with development according to plan or to provide adequate sureties for completion.
      (2)   A map or maps indicating the relation of the proposed development to the surrounding area. As appropriate to the development proposed, such map or maps shall demonstrate access to major streets, and community facilities, and show the approximate location and sizes of existing public sewers, water lines and storm drainage systems.
      (3)   Name, address and phone number of registered surveyor, registered engineer and/or urban professional planner assisting in the preparation of the preliminary development plan.
      (4)   A legal description of the property.
      (5)   A description of existing uses both upon and surrounding the site.
      (6)   A map illustrating the existing zoning districts within and surrounding the site.
      (7)   A topographic data map drawn to a scale of 100 feet or less to one inch by a registered surveyor and/or engineer showing boundary lines, easements, ground elevations, and wooded areas, streams, lakes, marshes, flood plains, soil types, and other physical conditions affecting the site.
      (8)   A preliminary development plan and report presenting, in generalized form, the proposed circulation pattern including all public and private streets; proposed off-street parking or loading areas; a preliminary layout of lots, land uses, and the location of all principal structures; the general location of utility installations and easements; proposed parks and other community spaces; and other information which the Village Planning Commission deems necessary.
      (9)   A proposed schedule for the development of the site.
      (10)   Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years.
      (11)   A written statement by the developer setting forth the reasons why in his or her opinion, the Planned Development would be in the public interest and would be consistent with the statement of intent and purpose and the criteria for approval of developments.
      (12)   A fee as established by the Village Council.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.13 PRELIMINARY PLAN REVIEW AND ACTION.

Within 30 days after it is filed, the Village Planning Commission shall review the preliminary plan to determine if it is consistent with the intent and purpose of these zoning regulations, and approve it in principle, with or without conditions, or disapprove it. The Village Planning Commission shall determine if the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The approval in principle of the preliminary plan by the Village Planning Commission shall be necessary before the applicant may submit a final plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of lots, or engineering feasibility.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.15 FINAL PLAN PROCESS.

   (a)   After approval in principle of the preliminary plan, the applicant may submit a final plan to the Village Planning Commission.
   (b)   The final plan shall be in general conformance with the preliminary development plan approved in principle.
   (c)   Eight copies of the final development plan shall be submitted.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.17 FINAL PLAN APPLICATION REQUIREMENTS.

   (a)   An application for approval of the final plan shall be filed with the chair of the Village Planning Commission by at least one owner of property for which the Planned Development is proposed. Each application shall be signed by the owner, attesting to the truth and exactness of all information supplied on the application for final development plan.
   (b)   At a minimum, the application shall contain the following information.
      (1)   A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, and existing features of the development site including soil types, major wooded areas, structures, streets, easements, utility lines, and land uses.
      (2)   A map or maps showing the location and proposed density of buildings and land use considered suitable for adjacent properties.
      (3)   A schedule for the development of buildings to be constructed in progression and the anticipated timing for completion of each building; and standards for height, open space, building density, parking areas, and public improvements proposed for each building of the development.
      (4)   Engineering feasibility studies and plans showing necessary water, sewer, and storm drainage installations; waste disposal facilities; street improvements, and the nature and extent of earth work required for site preparation and development.
      (5)   The site plan, showing buildings, various functional use areas, circulation, and their relationship.
      (6)   Preliminary building plans, including floor plans and exterior elevations.
      (7)   Landscaping plans.
      (8)   Deed restrictions, protective covenants, and other legal statements or devices to be used to control the use, development, and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.19 FINAL PLAN REVIEW AND ACTION.

   The approval process for the final plan by both the Village Planning Commission and the Village Council shall be in accordance with the district amendment procedure outlined in Chapter 1256.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.21 FINAL PLAN AMENDMENTS.

   (a)   The owner of a property within a Planned Development District may submit plans for amendment of the final plan approved for the District. The Planning Commission shall review such amended plan and may approve the amendment if it determines that the amendment is substantially in conformance with the form, nature, and intent of the final development plan approved by Village Council.
   (b)   If the Commission determines that the amendment is not substantially in conformance with the form, nature, or intent of the final development plan approved by Council, then it shall make a recommendation to Council regarding the approval or disapproval of the amendment. Council shall proceed as if considering an amendment to the Zoning Map.
(Ord. 2012-20, passed 4-17-2012)

§ 1260.23 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In approving any Planned Development District, the Village Council may prescribe appropriate conditions and safeguards, in conformity with these zoning regulations. Violation of such conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of these zoning regulations and punishable under Chapter 1246 of these zoning regulations.
(Ord. 2012-20, passed 4-17-2012)