Lyndhurst City Zoning Code
CHAPTER 1162
Residential Planned Unit Development Districts
1162.01 INTENT.
The Residential Planned Unit Development Districts are established in order to achieve, among others, the following purposes:
(a) To provide a Class A Residential Planned Unit Development District for low- density residential planned unit developments of detached and attached single- family dwellings, which is compatible with the One-Acre and Two-Acre Single- Family Districts;
(b) To encourage an efficient and desirable use of land and to encourage a greater variety of designs and layouts of detached and attached single-family homes on sites which are especially suited for residential planned unit development, due to characteristics such as location, neighboring uses, land formation and natural features;
(c) To protect and enhance property values and to achieve compatibility with desirable existing land uses;
(d) To protect the natural environment, to offset loss of land due to flood plain or wetland restrictions, and to minimize disruption of desirable topographical features;
(e) To minimize traffic congestion on the public streets; and
(f) To prohibit multifamily buildings in which entry to individual dwelling units is from an interior common area.
(Ord. 96-61. Passed 4-21-97.)
1162.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in Residential Planned Unit Development District Class A, only for the uses set forth in the schedules and use regulations of this Zoning Code.
(a) Permitted Uses. The following are permitted uses in Residential Planned Unit Development Districts:
(1) Detached single-family dwellings; and
(2) Attached single-family dwellings, including townhouses, of up to four attached dwellings.
(b) Conditional Uses. Conditional uses are certain types of main uses so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the City Planning Commission and Council according to procedures and standards set forth in Chapter 1156.
Conditional uses in Residential Planned Unit Development District Class A shall be the same as conditional uses permitted in the One-Acre Single-Family District, as outlined in the schedule set forth in Section 1160.03. In addition, public or private golf courses, country clubs, tennis courts, swimming pools, and similar recreational uses shall be conditional uses. In addition to other conditions, the Planning Commission shall judge the appropriateness of such recreational uses based on the size of the development parcel.
(c) Accessory Uses. The accessory buildings and uses permitted in Residential Planned Unit Development Districts shall be permitted as subordinate buildings and uses, which are clearly incident to and located on the same zoning lot as the main building or use.
(Ord. 96-61. Passed 4-21-97.)
1162.03 AREA, YARD AND HEIGHT REGULATIONS.
Lots shall be created and maintained, and buildings shall be erected, altered, moved and maintained, only in accordance with the overall density, lot area, lot width, yard and building height requirements set forth in the following schedule and accompanying footnotes:
ZONING DISTRICT | MINIMUM DEVELOPMENT AREA | DWELLING TYPE | OVERALL NET DENSITY | AVERAGE MIN. LOT AREA PER DWELLING | MINIMUM AVERAGE LOT WIDTH | MINIMUM YARD REQUIREMENTS | MAXIMUM HEIGHT | ||
FRONT | SIDE | REAR | |||||||
Class A Residential Planned Unit Development | 10 acres | Detached single-family | 1 D.U. per 2 acres | 33,500 sq. ft. (a) | 90 ft. (b) | Along existing roads: 80 ft. or as established on Zoning Map. Along new public or private roads, and common drives: 25 ft. (c) | 14 ft. (b) (d) | 60 ft. (b) (d) | 2.5 stories or 35 ft. |
10 acres | Attached single-family | 1 D.U. per 2 acres | 33,500 sq. ft. | No minimum | Same as detached single-family | (d) (e) | (d) (e) | Same as detached single-family | |
(a) The average minimum lot area in the Class A District shall be as shown in the above schedule. The minimum lot area per detached single-family dwelling in the Class A District shall be 20,000 square feet.
(b) In order to promote a more efficient use of land, including cluster and zero lot line development, reductions to the requirements for lot width, side yards and rear yards may be submitted for consideration to the Planning Commission, provided that the criteria of Section 1162.12 and other requirements of this chapter are met.
(c) Twenty feet minimum from a garage to a new public or private road, or to a common drive if the garage is entered from the side.
(d) There shall be a fifty-feet minimum landscaped buffer area adjacent to all perimeter boundary lines of the development parcel which border a single-family district, and a thirty-feet minimum landscaped buffer area adjacent to all perimeter boundary lines of the development parcel which border any other district. Such landscaped buffer area may include required yards, as regulated in the above schedule.
(e) Spacing between attached single-family dwellings shall be regulated by the requirements for the Multifamily Low-Rise District as regulated in Schedule 1164.07 and Section 1164.09(b)(1), except that in order to promote a more efficient use of land, including clustering and zero lot line development, reductions to the requirements for lot width, side yards and rear yards may be submitted for consideration to the Planning Commission, provided that the criteria set forth in Section 1162.12 and other requirements of this chapter are met.
(Ord. 96-61. Passed 4-21-97.)
1162.04 PROHIBITED USES.
The following uses are prohibited in Residential Planned Unit Development Districts:
(a) The maintenance or harboring of livestock or fowl.
(b) The storage, processing or salvaging of discarded lumber or other building materials or of any other kind of material, the wrecking or dismantling of motor vehicles, and "junk" yards of any description. In addition, these uses may not be authorized by the Board of Zoning Appeals.
(c) The placement on any lot or premises within the City of tents, camp cars, trailers, dining cars or similar facilities and the use of such facilities for living, business or commercial purposes or for accessory uses. Their use shall not be authorized by the Board of Zoning Appeals. Construction of shanties or trailers used in conjunction with construction activities may be permitted with the approval of the Building Commissioner.
(d) Apartments.
(Ord. 96-61. Passed 4-21-97.)
1162.05 UNDERGROUND UTILITIES.
All utility features, such as electric, gas, telephone and cable television, which can be underground shall be underground. City street lighting, if any, shall be underground fed.
(Ord. 96-61. Passed 4-21-97.)
1162.06 ARCHITECTURAL PROJECTIONS.
Requirements for architectural projections shall be as provided for Single-Family Districts in Section 1160.09.
(Ord. 96-61. Passed 4-21-97.)
1162.07 ARRANGEMENT OF RESIDENTIAL UNITS.
Detached single-family dwellings and attached single-family dwellings of up to four dwelling units may be arranged in various groups, courts, sequences or clusters with open spaces organized and related to the dwellings so as to provide privacy and to form a unified composition of buildings and space. Residential Planned Unit Developments may include, but are not limited to, detached single-family, detached and attached single-family cluster, zero lot line and townhouse developments. Although latitude in design is provided and encouraged, the design conditions of this chapter shall be met.
(Ord. 96-61. Passed 4-21-97.)
1162.08 REVIEW PROCEDURES.
If a residential planned unit development is platted into individual lots, the project is subject to the subdivision approval process outlined in Chapter 1134. If dwelling units of a residential planned unit development are located on one development parcel, the project is subject to the development plan review process outlined in Section 1164.13.
(Ord. 96-61. Passed 4-21-97.)
1162.09 GROSS SITE AREA.
The minimum gross site area for a residential planned unit development shall be ten acres in the Class A District.
(Ord. 96-61. Passed 4-21-97.)
1162.10 OVERALL NET DENSITY.
The overall net density for a Residential Planned Unit Development in the Class A District shall be as regulated in the schedule set forth in Section 1162.03. Net density excludes project area used for roads and above-surface utility easements.
(Ord. 96-61. Passed 4-21-97.)
1162.11 COMMON OPEN SPACE.
(a) Minimum Amount of Land Required. A minimum of fifty percent of the total development area in Class A Residential Planned Unit Development Districts shall be reserved as common open space.
(b) Ownership. The type of ownership of land dedicated for common open space purposes shall be selected by the owner, developer or subdivider, subject to the approval of the City Planning Commission and City Council. Type of ownership may include, but is not necessarily limited to, the following:
(1) Homeowner, condominium or cooperative associations or organizations; or
(2) Shared, undivided interest by all property owners in the subdivision.
If the open space is held in common by all of the residential planned unit development property owners, all subdivision property owners shall be jointly and severally liable for the maintenance of the open spaces. If the open space is not owned in common by all of the property owners, an agreement concerning the maintenance of open space acceptable to the Department of Law, the Planning Commission and Council must be achieved.
If such maintenance is not performed adequately , the Director of Service may, at his or her option, perform the necessary maintenance after serving a five-day notice in the same manner as set forth in Section 660.17 of the General Offenses Code. The reasonable costs thereof shall be paid to the City and if not paid such costs shall be assessed. The City is not bound by such alternative and if the owner or owners fail to comply with the requirements that the common open spaces be maintained as required, an action at law by the City may be commenced against them for the purpose of compelling compliance. If an action at law is required, at the discretion of the Mayor, reasonable attorney's fees and other costs and expenses incurred in such action by the City shall be paid by the property owners.
(c) Deed Restrictions. Deed restrictions and/or condominium development agreements are required for the maintenance of such common open space and shall be effected prior to obtaining final plat or final development approval. All deed restrictions and condominium agreements must be in a form satisfactory to the Department of Law, the Planning Commission and Council, to the end that the objects of this Zoning Code are to be secured. Without limiting the general requirements hereof, such restrictions or agreements shall specifically provide for the performance of maintenance by the Director of Service or the incurring of attorney's fees and other costs and expenses if the City elects to file an action at law or in equity to compel the performance of such maintenance.
In addition to the above, such deed restrictions shall also ensure that the following other conditions are met:
(1) The common open space area will not be further subdivided in the future;
(2) The use of the common open space will continue in perpetuity for the purpose specified; and
(3) Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.
Termination of the deed restrictions and condominium agreements will only be possible by agreement of all title interest holders and Council, provided that a satisfactory alternative method of holding open spaces in common has been provided.
(d) Criteria. Common open space shall meet the following criteria:
(1) Common open space shall be exclusive of all streets, driveways, nonrecreational buildings and individually owned land.
(2) Required yards, if not individually owned, may be considered common open space.
(3) Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, pool pavilions or other recreational features, if such recreational features are approved as conditional uses. (See Section 1162.02.)
(4) Significant natural features such as tree stands, rock outcroppings, ponds, ravines and stream channels should be left in their natural state and will be considered part of the required common open space, subject to these standards.
(5) The minimization of extensive lawn areas is encouraged. Existing vegetation should be retained where suitable to maintain the natural character of the land as well as to reduce the environmental impact and the long-term maintenance costs associated with lawn areas.
(6) Storm water detention and retention areas may receive full credit towards the common open space requirement hereof if they are designed and improved for an appropriate use (such as a lake or playfield), in addition to storm water detention and/or retention. Storm water management facilities not specifically designed for recreation shall be excluded from the minimum common open space requirement.
(Ord. 96-61. Passed 4-21-97.)
1162.12 DESIGN CRITERIA.
Residential planned unit developments shall be designed according to the following criteria, wherever possible:
(a) Existing natural amenities should be preserved and incorporated into the design where possible, including existing streams, trees and other vegetation.
(b) Visual monotony created by excessive block lengths shall be avoided by designing areas of open space between clusters of dwellings along roads.
(c) The area of land disturbed by development should be minimized by building roads along existing contours, combining utility cuts, minimizing grading and appropriately locating buildings.
(d) Unity in groups of dwellings shall be created through the use of common architectural and design elements, such as color, building mass, roof lines, facade treatments, setbacks, landscaping and related features. However, these same elements shall also be used to prevent complete uniformity in design elements.
(e) Each dwelling unit shall be designed to include a private outdoor space. Private outdoor space shall be located and designed to maximize its utility and privacy to the unit it serves, especially in relation to adjacent units.
(f) Each dwelling unit shall have two individual entries and no dwelling unit shall be placed on top of another.
(g) The minimum floor area for a dwelling unit shall be 2,500 square feet in the Class A District.
(h) The suitable use of common drives is encouraged to minimize the number of curb cuts required on off-site or on-site roads. In a Residential Planned Unit Development District, not more than four single-family attached dwellings shall share a common driveway leading to a public dedicated street or private street.
(i) Dwellings shall be located within 500 feet of a public street or a private street improved to public street standards.
(Ord. 96-61. Passed 4-21-97.)
1162.13 PERCENTAGE OF DETACHED SINGLE-FAMILY DWELLINGS REQUIRED.
At least thirty percent of the dwelling units in developments in the Class A Residential Planned Unit Development District shall be detached single-family dwellings.
(Ord. 96-61. Passed 4-21-97.)
1162.14 PRIVATE AND PUBLIC STREETS AND COMMON DRIVEWAYS.
All private and public streets in a residential planned unit development shall be improved to public street standards, except that the minimum pavement width may be reduced to twenty-two feet. However, streets shall be widened to full width at junctures with off-site streets or when full width streets are determined to be necessary by the City Planning Commission. The width of a common driveway shall be no less than twelve feet.
(Ord. 96-61. Passed 4-21-97.)
1162.15 VEHICULAR AND PEDESTRIAN CIRCULATION.
(a) Vehicular circulation shall provide a logical pattern for residents as well as service and emergency vehicles. The street designs shall provide adequate maneuvering room for all emergency vehicles.
(b) Sidewalks are required along off-site roads which abut the residential planned unit development, and along on-site private or public roads which function as collector streets and connect clusters of dwellings with off-site roads or other clusters of dwellings. Walking paths are required in improved recreation areas, such as pools and tennis courts, and in common open space areas. In addition, the City Planning Commission may require additional sidewalks as deemed necessary for adequate pedestrian access.
(c) Provision must be made for public lighting of the circulation pattern of the residential planned unit development. This could include private lampposts in the front yard of each dwelling unit and/or an overall lighting pattern considered common to the development.
(d) Ingress from and egress to any garage cannot interfere with the ingress to and egress from another garage or parking area on the site.
(Ord. 96-61. Passed 4-21-97.)
1162.16 PARKING AND PRIVATE GARAGES.
Parking in residential planned unit developments shall be in accordance with the requirements of Section 1160.04(a)(1) through (3), except as noted below:
(a) Space for two off-street parking spaces must be provided for each dwelling unit, both of which must be enclosed in a private garage; and
(b) One off-street parking space is required for every 300 square feet of a recreational facility.
The City Planning Commission may require additional parking as deemed necessary.
(Ord. 96-61. Passed 4-21-97.)
1162.17 SCREENING AND BUFFERING.
(a) Screening shall be provided as required in this section for the following situations:
(1) To screen parking areas, circulation aisles, driveways and loading areas, as regulated in Section 1172.02(g);
(2) To screen storage areas; and
(3) To screen residential planned unit developments when fronting on arterials and freeways.
(b) Screening, as required in subsection (a) hereof, shall consist of one or more of the following:
(1) A ten-foot wide landscaped area planted with trees and/or shrubs a minimum of six feet high, which will act as an effective screen in both winter and summer seasons. Required yards and existing trees and shrubs shall be considered screening when meeting these requirements.
(2) A five to six-foot masonry wall and/or decorative wood fence; or
(3) Earth mounding planted with trees and/or shrubs. The combined height of mounding and plants shall be a minimum of six feet.
(c) The fifty-foot minimum landscaped buffer area adjacent to all perimeter boundary lines of a residential planned unit development which border a Single-Family District, and the thirty-foot minimum landscaped buffer area adjacent to all perimeter boundary lines which border any other district, shall be as regulated in the schedule set forth in Section 1162.03. Such landscaped buffer area may include any required front, side or rear yards required for individual dwellings. Such landscaped buffer areas may include, but shall not be limited to, grass cover, shrubs, trees, earth berms or mounds, as well as fences and walls, but do not have to meet the screening specifications of subsection (b) hereof. Nevertheless, such landscaped buffers that are adjacent to perimeter boundary lines shall be free of all accessory and main buildings, recreational facilities (except for sidewalks and walkways), off-street parking and loading areas and circulation driveways and aisles. Such landscaped buffers may be considered common open space.
(d) The selection, placement and construction of screening and landscaping materials shall be subject to the approval of the City Planning Commission. The Planning Commission may require additional screening and landscaping if determined to be necessary.
(Ord. 96-61. Passed 4-21-97.)