(A)   Purpose. The purpose of this section is to maintain a high standard of community development and the principles of town planning, to protect and preserve property, to promote the stability of property values, and to protect real estate from impairment or destruction of value for the general community welfare by regulating the exterior architectural characteristics of structures throughout the hereinafter defined Historic District. The village was designated as an Historic Village in the National Register of Historic Places on July 24, 1979, identifying landmarks (see divisions (F) and (G) below and district zoning map). The regulations of this section are imposed in addition to those of the other zoning districts in which the structures reside.

   (B)   Objectives. The character of the village is directly linked to the economic, social, historical, and cultural health and well-being of the community. This section, therefor, establishes procedures to maintain the historic character of the village and obtain the following objectives:

      (1)   To recognize and preserve the distinctive historical and architectural character of this community which has been influenced by the architecture of an earlier period;

      (2)   To regulate the exterior design, use of materials, and orientation of all structures hereafter altered, constructed, reconstructed, erected, enlarged, or remodeled in the hereinafter defined Historic District;

      (3)   To safeguard the village by preserving areas, places, sites, buildings, structures, including signs, objects, and works of art which reflect elements of the village’s cultural, social, economic, political, or architectural heritage;

      (4)   To seek alternatives to demolition or incompatible alterations within the Historic District and to landmarks before such acts are performed; and

      (5)   It is the further intent of this section to discourage the construction of new structures, including signs, on lots containing landmark structures and the subdivision of lots containing landmark structures for the construction of new structures in close proximity to any landmark structures.

   (C)   Definitions. The following definitions shall apply to this section of the this chapter and are in addition to the definitions found in § 151.005.

      CERTIFICATE OF APPROPRIATENESS. A document issued by the Village Architectural Review Board, as prescribed by division (H) below, signifying that the proposed construction, reconstruction, alteration, or demolition of a structure subject to the provisions of this section and within a historic district or the subdivision of a lot containing a landmark structure has been reviewed and found to be in compliance with these regulations.

      CHANGE. Any alteration, demolition, removal, construction, or reconstruction involving any property subject to the provisions of this section.

      DEMOLISH or DEMOLITION. Any act or process that razes or destroys, in whole or in part, any building subject to the provisions of this section.

      EXTERIOR ARCHITECTURAL FEATURE. A functional or decorative element of a building including, but not limited to, cornices, chimneys, latticework, walls, roads, eaves, or porches, and including gutters, down spouts, stair rails, lighting fixtures, and similar features.

      HISTORIC DISTRICT. An area so delineated on the village zoning district map which contains one or more landmark structures.

      HISTORIC SITE. A premises that contains something of archaeological or historical significance, may or may not include a landmark structure or be wholly within a historic district, and has been designated a historic site by the Architectural Review Board.

      LANDMARK. Any building structure, site, or object which has special character or special historical or aesthetic value as part of the development, heritage, or cultural characteristics of the village, state, or the United States and which has been designated as a landmark by the Architectural Review Board; provided, however, that the term LANDMARK may also include the premises, or part thereof, on which the landmark structure is situated.

      MAINTENANCE. Ordinary repairs and refurbishing, including cleaning and painting, to correct any deterioration or damage to a structure or to restore the structure to its condition prior to such deterioration or damage; provided, such work does not involve a change in design, material, or exterior architectural feature.

      MANSARD. A sloped roof or roof like facade, architecturally comparable to a building wall.

      PRESERVE or PRESERVATION. The process, including maintenance, of treating an existing building to arrest or slow further deterioration, stabilize the landmark and provide structural safety without changing or adversely affecting the character or appearance of the landmark.

      RECONSTRUCTION. The reproducing by new construction of the exact form and detail of a vanished structure, or a part thereof, as it appeared at a specific period of time, as detailed in the U.S. Secretary of the Interior’s Guidelines.

      REPAIR. The renewal or replacement of any existing part of a building or structure for maintenance purposes only in keeping with its existing type of construction and occupancy.

      RESTORATION. The process of accurately recovering the form and details of a property as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

      TRUNCATED BUILDING. A structure located on a corner lot and so designed that the exterior walls which are approximately parallel to the intersecting streets do not meet at a common point, the exterior walls being connected by a wall herein called a diagonal wall, which is not in the same plane as either of the exterior walls.

   (D)   Historic designations. Any area, building, structure, premises, and the like, that is designated as a historic district, landmark, or historic site shall be numbered and placed on the appropriate list:

      (1)   Historic districts;

      (2)   Landmarks; or

      (3)   Historic sites.

   (E)   Historic districts. Village squares and buildings, including all landmark structures at the intersection of Oak and Chestnut Streets, north side, and intersection of Wooster Pike, Miami Road, Madisonville Road, north side, to Lanes K and L, including parking area behind buildings.

   (F)   Landmarks.

      (1)   Clinton MacKenzie Buildings, 3902-3946 Beech Street, north of Chestnut, east side; 6611-6639 Murray Avenue, south side between Beech and Oak Streets;

      (2)   E.B. Gilchrist Buildings, 6643-6651 and 6701-6763 Murray Avenue and 3947-3949 Oak Street and 3923-3939 Plainville, westside between Murray and the Ferris House;

      (3)   Kruckmeyer and Strong Buildings, 6713-6769 Maple Street, north and south sides between Plainville and Oak Street;

      (4)   R.H. Dana, Jr. Buildings, 6712-6786 Chestnut Street, north side between Oak and Plainville, 3901-3907 Plainville Road, and original Transformer Building, 3919 Plainville Road;

      (5)   Ripley Buildings, 6650-6708 Chestnut and 3900-3911 Oak Streets, northwest and northeast sides of old square;

      (6)   Ripley and LeBoutellier Buildings, 6612-6646 Chestnut Street, north and south sides between Beech and Oak Streets, and Carl A. Ziegler Buildings, 6615-6635 Chestnut Street;

      (7)   Charles W. Short Houses, 3855-3895 Oak Street and 6655 Chestnut Street, west side between Chestnut and Wooster Pike;

      (8)   Charles Cellarius Buildings, 3865-3947 Beech Street, west side between Murray and the alley just north of Linden Place;

      (9)   Elzner and Anderson Buildings, 1-4 Linden Place, including garage area, 3845 and 3855 Beech Street, and 6576-6596 west of Beech Street on the north side of Wooster Pike;

      (10)   Lois L. Howe and Manning Buildings and park, 1-14 Denny Place between Fieldhouse Way and Pleasant Street;

      (11)   Robert R. McGoodwin buildings and parks, 1-10 Albert Place and 3825 and 3845 Miami Road, east side at West Street;

      (12)   Grosvenor Atterbury Buildings and parks, 1-8 Sheldon Close and 6925 and 6945 Crystal Springs Road, south of Wooster Pike;

      (13)   Mariemont Inn, 6880 Wooster Pike, corner Madisonville Road and Wooster Pike, Zettel and Rapp architects;

      (14)   Resthaven, 6980 Cambridge Avenue, Maintenance Buildings, “Resthaven Demonstration Farm”, Hubert E. Reeves architect;

      (15)   Recreation Hall, 3908 Plainville Road, now Mariemont Community Church Parish Center, Plainville Road, George de Gersdorf architect;

      (16)   Dale Park School, 6743 Chestnut Street, original building, Fechmeimer, Ihorst, and McCoy architects;

      (17)   Mariemont Community Church, Cemetery, and Lich Gate, Cherry Lane, north of Wooster Pike, Louis E. Jallade architect;

      (18)   Ferris House, 3915 Plainville Road between Murray Avenue and Chestnut Street, west side, built 1804-1812;

      (19)   Dale Park Fire Station, 3914 Oak Street, east side between Murray and Chestnut Street, Charles Cellarius architect;

      (20)   Mariemont Central Heating Station Building, east end of Mt. Vernon Avenue, Fay, Spofford and Thorndike engineers;

      (21)   Original lamp post and street lights, all original cast-iron type street lamp posts throughout the village, as originally installed by the Mariemont Company or reproductions of same throughout village, and identified in Cincinnati Gas and Electric Company circuit maps 5802B and 5803B;

      (22)   Village Squares at the confluence of Miami Road, Wooster Pike, Crystal Springs, and Madisonville Roads, and at the confluence of Chestnut Street and Oak Street;

      (23)   Original granite curbing; and

      (24)   Park areas and structures:

         (a)   Albert Place Median;

         (b)   Allotment Gardens: north of Wooster Pike between Oak and Beech Streets;

         (c)   Ann Buntin Becker Park;

         (d)   Median on Hiawatha and Rembold Avenues;

         (e)   Median on Center Street;

         (f)   Concourse and Pergola, Miami Bluff Drive at Center Street, Philip W. Foster designer;

         (g)   Dale Park with statuary, northwest corner of Plainville Road and Wooster Pike;

         (h)   Denny Place Median;

         (i)   Dogwood Park, Mary M. Emery Memorial Carillon and Boathouse, Pleasant Street, south of Wooster Pike;

         (j)   Park at Murray and Madisonville Avenues;

         (k)   Park at Murray Avenue and Miami Road;

         (l)   Old Town Park, southeast side of Oak and Chestnut Streets;

         (m)   Wooster Pike median strip and parks from intersection of Wooster Pike and Indianview Avenue to the west boundary of the village, including E. Boyd Jordan Park;

         (n)   Park at Midden and Pleasant Streets;

         (o)   Park at intersection of Mariemont, Miami Road, and Mt. Vernon Avenue;

         (p)   Park at Crystal Springs and Mt. Vernon Avenue; and

         (q)   Park area the length of Miami Bluff.

   (G)   Historic sites.

      (1)   Indian Mounds, specifically the area known as the Madisonville Site adjacent to the western end of Mariemont Avenue and south of the village swimming pool.

      (2)   The area on Plainville Road immediately east of the Ferris House where Mary M. Emery broke ground for the Mariemont project, April 23, 1923.

   (H)   Regulations governing site modifications, new structures, alterations, and demolitions.

      (1)   Limitations on issuance of building and demolition permits. No construction, reconstruction, alteration demolition, or removal of any structure or significant exterior architectural feature, including painting and staining, and including signage, thereof to any listed landmark structure or any other building within a historic district shall be undertaken prior to obtaining a certificate of appropriateness from the Architectural Review Board (see §§ 151.021(E) and 151.025) and a permit from the Building Commissioner, if appropriate.

      (2)   Standards for review: design requirements for certificate of appropriateness. The Architectural Review Board, in deciding whether to issue a certificate of appropriateness, shall determine that the application under consideration promotes, preserves, and enhances the distinctive historical integrity of the landmark structure as set forth in division (F) above, as well as the historical village character of the community and would not be at variance with existing structures within that portion of the district in which the structure is or is proposed to be located. In conducting its review the Board shall make examination and give consideration to the elements of the application including, but not necessarily limited to:

         (a)   Overall building height to width ratios, chimney construction, roof pitch and other pertinent data, as deemed important to the overall building appearance, to assure reasonable adherence to the adjacent landmark structure shall be considered in the design of any new or replacement structures;

         (b)   Existing buildings that are remodeled entirely within the existing building’s walls shall not be remodeled in such a manner as to change the front facade in any respect or change the side or back facade by more than 10% of its surface area;

         (c)   Existing buildings that are enlarged, extended, or decreased in size shall have the same architectural style, same window and door proportions, and same or similar exterior material for the enlargement, extension, or diminution as found on the existing building;

         (d)   Consideration shall be given to the method of removal or alteration of any original materials, hardware, signage, or architectural features and the method of construction or repair, so as to avoid damage to original materials, hardware, design, and architectural features;

         (e)   Consideration shall be given to the use of the property, so as to maintain as nearly as possible the use of the property as originally intended;

         (f)   For buildings identified in division (F)(1) through (F)(12) above which are parts of complexes involving several buildings designed by the same architect to form a consistent, harmonious entity, exterior paint, or stain colors for all parts of the complex by the same architect irrespective of diversity of ownership shall be chosen with the approval of the Architectural Review Board, which reflect the character, style, and materials of the buildings;

         (g)   Window treatment shall take into consideration the size, shape, and materials of the individual window units, and the overall harmonious relationship of window openings. Windows shall be similar to those of adjacent landmark structures;

         (h)   Buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, stones, or stone masonry and take into consideration texture, color, and compatibility among various elements of the structure. The exterior color of all landmark structures shall be guided by the Village Historic Color Guidelines;

         (i)   Exterior detail and relationships shall take into consideration compatibility and appropriateness of design and details, including all projecting and receding elements of the exterior, including, but not limited to, porches, overhangs, and the horizontal or vertical expression which is conveyed by these elements. Signage shall also consider the above;

         (j)   Accessory buildings exceeding 100 square feet of floor area shall be of the same architectural style and same exterior material as the main building or a reasonable reconstructed facsimile of the original historic structure that previously existed on the lot; however, all garage replacements and improvements shall conform to the following:

            1.   Garages and their doors for each specific landmark structure shall be guided by the color requirements of the Architectural Review Board available in the Col. Donald L. Shanks Municipal Building.

         (k)   Any sign, in addition to fulfilling applicable elements of this section, shall fulfill the requirements of §§ 151.125 through 151.133, and be of material and style harmonious to the overall theme of the area. All such signs shall be presented to the Architectural Review Board for certificate of appropriateness approval prior to construction, alteration, restoration, or erection;

         (l)   Historical integrity of the landmark structure, including commercial signage, shall be maintained according to the original architects design, town plan, concepts, and philosophy of Mary M. Emery, John Nolan, and the Mariemont Company;

         (m)   Subdivision of lots containing landmark structures. The subdivision of any lot containing a landmark structure falls under the jurisdiction of the Planning Commission and shall adhere to the provisions in § 151.041, as well as the following.

            1.   The subdivision of any lot containing a landmark structure shall be accomplished in such way that both the new lot and reduced lot conform to the minimum lot size in the zoning district and shall provide sufficient space so that a minimum 30-foot distance is maintained between any landmark structure and any structure proposed on the new lot.

            2.   No new lot created from the subdivision of a lot containing a landmark structure shall be less than one-half the size of the remaining portion of the lot containing the landmark structure.

         (n)   Design requirements for other buildings in historic districts.

            1.   New buildings shall be similar in size, scale, mass, and architectural style to the surrounding landmark structures.

            2.   New buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, or stone masonry. Windows shall be similar to those of adjacent landmark structures.

            3.   Overall building height-to-width ratios, chimney construction, roof pitch, and other pertinent data, as deemed important to the overall building appearance, to assure reasonable adherence to the landmark structures adjacent shall be considered in the design of any new or replacement structure.

            4.   To maintain the stature of landmark structures, the footprint of any building erected on a lot that was created by the subdivision of a lot containing a landmark structure shall not exceed 100% of the area covered by the foot print of the landmark structure.

         (o)   Historical integrity of all landmark and historic sites shall be maintained according to the original architects design, town plan, concepts, and philosophy of Mary M. Emery, John Nolan, and the Mariemont Company. Any act or process that results in any change to an archaeological feature shall require a certificate of appropriateness.

      (3)   Exceptions. Nothing in this section shall be construed to prevent any ordinary repair or maintenance or temporary emergency repair of any exterior architectural feature or any ordinary planting and landscaping now in the district. This exception shall not apply to repair and maintenance of structures where the repair or maintenance involves those considerations in “standards for review”, division (H)(2) above.

   (I)   Designation of historic districts, landmarks, and historic sites.

      (1)   Designation of landmarks. The Village Council may designate specific properties as landmarks, historic sites, or as portions of historic districts. Upon designation by the Village Council of any historic district, landmark, historic site, or background structure, it shall be numbered and listed in this section. Such designations shall occur after receiving recommendations from the Architectural Review Board and shall follow the procedures of division (I)(2) below.

      (2)   Applications.

         (a)   An application to designate a portion of the village as a historic district shall be initiated by 51% of the property owners of the proposed district or by the Village Council.

         (b)   An application to designate a property as a landmark shall be initiated by the owners of the property or by the Village Council.

      (3)   Review of applications. Any application to designate a portion of the village as a historic district shall be referred to the Architectural Review Board for review and recommendation. Its recommendation shall then be submitted to the Village Council. Any application to designate a landmark, historic site, or historic district shall be referred to the Architectural Review Board for review and recommendation. After the receipt of the Architectural Review Board’s recommendation, the Village Council shall schedule a public hearing and shall notify property owners of the proposed landmark, historic site, or historic district at least 30 days prior to holding the public hearing to consider such designation. Moreover, notification of such hearing shall be published at least 15 days in advance of such hearing, in a newspaper of general circulation in the village.

      (4)   Decision of Council. Within 30 days following such hearing, the Village Council shall take action on the designation by approving, disapproving, or remanding the application back to the Architectural Review Board for further review. Remanding the application back to the Architectural Review Board would then require a new public hearing in conformance with the requirements of division (I)(3) above.

      (5)   Criteria. In acting on such designation, the Village Council shall consider the recommendations of the Architectural Review Board, the public hearing and the following criteria of the property:

         (a)   Its character, interest, or value as part of the development, heritage, or cultural characteristics of the village, the state, or the United States;

         (b)   A significant historic event occurred at a certain location;

         (c)   Its identification with a person or persons who significantly contributed to the culture and development of the village;

         (d)   Its exemplification of the cultural, economic, social, or historic heritage of the village;

         (e)   Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

         (f)   Its embodiment of distinguishing characteristics of an architectural type or specimen;

         (g)   Its identification as the work of an architect or master builder whose individual work has influenced the development of the village;

         (h)   Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation;

         (i)   Its relationship to other distinctive areas which are eligible for preservation according to a plan based on a historic, cultural, or architectural motif;

         (j)   Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or the village; or

         (k)   It has yielded or is likely to yield information important to historic understanding.

      (6)   Zoning district map. Upon the designation of a historic district, landmark, or historic site by ordinance, the zoning district map of the village shall be revised to indicate by an appropriate symbol or device that the parcel so marked is subject to the listed designation, and the Fiscal Officer of the Council shall send a certified copy of the ordinance by registered mail to the owner of record.

(2000 Code, § 151.075) (Ord. O-4-96, passed 3-25-1996; Ord. O-3-97, passed 2-10-1997; Ord. O-12-98, passed 1-12-1998; Ord. O-3-23, passed 3-13-2023; Ord O-4-23, passed 3-13-2023)

   (A)   Purpose. The Park District is to protect and enhance the scenic, recreational, geologic, cultural, and historic value. All recreation and enjoyment of the district by the public shall have no adverse effect on the existing wildlife habitation and shall conserve significant natural vegetation and tree cover. See § 37.03(A) for information on the Parks Advisory Board.

      (1)   Albert Place Median;

      (2)   Allotment Gardens (behind Wooster Pike Oak Street - Beech Street);

      (3)   Ann Buntin Becker Park;

      (4)   Hiawatha-Rembold Avenues strip;

      (5)   Center Street median;

      (6)   Concourse: Miami Bluff Drive at Center Street;

      (7)   Dale Park (Family statue park);

      (8)   Denny Place Median;

      (9)   Dogwood Park;

      (10)   Isabella Hopkins Park;

      (11)   Lower Gardens (South 80 acres);

      (12)   Mary Emery Park and tennis courts;

      (13)   Murray Avenue and Madisonville Road triangular lot;

      (14)   Murray Avenue from Settle Street to Grove Street;

      (15)   Old Town Park (southeast side of Oak and Chestnut Streets);

      (16)   Wooster Pike median strip and parks from intersection of Wooster Pike and Indianview Avenue to the west boundary of the village, including E. Boyd Jordan Park;

      (17)   Park at Midden and Pleasant Streets;

      (18)   Park at intersection of Mariemont, Miami Road, and Mt. Vernon Avenue;

      (19)   Park at Crystal Springs and Mt. Vernon Avenue; and

      (20)   Park area the length of Miami Bluff.

(2000 Code, § 151.076) (Ord. O-6-94, passed 3-14-1994; Ord. O-4-96, passed 3-25-1996; Ord. O-11-96, passed 6-24-1996; Ord. O-7-98, passed 1-12-1998; Ord. O-9-20, passed 2-24-2020)

   (A)   Purpose. The purpose of the planned unit development regulations is to provide for orderly improvement of a specific property in order to accomplish the following:

      (1)   To permit the creation of areas within the village that can be developed or redeveloped with maximum flexibility in design;

      (2)   To promote the efficient use of land and facilitate an economic arrangement of buildings, circulation systems, land use, and utilities;

      (3)   To encourage the most skillful planning in the arrangement of buildings, the preservation of open space, existing topography, geological, historical, and other site features;

      (4)   To obtain creative and coordinated designs, harmonious and compatible with uses of the presiding district; and

      (5)   In order to carry out these purposes, procedures supplemental to those applicable in other use districts are established in this section particularly designed to meet these objectives may be prepared and submitted for approval.

   (B)   Authority and applicability.

      (1)   Authority. The Planning Commission shall authorize the establishment of a planned unit development area. Nothing contained in this subchapter shall preclude the Planning Commission or the Village Council from modifying any regulations, standards, or criteria prescribed by this chapter if the Planning Commission determines the regulations, standards, or criterion are inapplicable because of the unusual conditions of the development area.

      (2)   Applicability. It is the purpose of this section to establish regulations and procedures supplementary to those applicable in the standard zoning districts created by this chapter, under which a developer may prepare development plans particularly designed to meet the objectives for a planned unit development. Procedures are also established for professional review of these development plans, action thereon by the village, and the implementation thereof.

   (C)   PUD regulations.

      (1)   Ownership. At the time of application, a PUD site shall be under single or joint ownership acting as a unit. The site may have more than one lot or be further subdivided; however, every lot shall be contiguous. The development shall be considered as one parcel, regardless of the extent to which the parcel is subdivided by interior streets.

      (2)   Compliance. All PUD developments shall comply with the regulations of the State Basic Building Code, the Village Fire Code, all other applicable codes, and this chapter specifically as follows.

         (a)   PUD uses and requirements. The uses and requirements within a PUD shall be limited to the uses and requirements as specified by the district use and requirements applicable to the district in which the development is located (see §§ 151.060 through 151.065).

         (b)   Yard and building height requirements.

            1.   The maximum building height requirements are the same as those set forth by the district in which the development is located.

            2.   Buildings erected on a planned unit development site shall not be required to comply with the requirement specified in § 151.086(A) that specifies minimum areas for lots (see division (D below), “land planning criteria”).

            3.   Planned unit developments are not required to adhere to the yard specifications set forth in § 151.086(B) and (C) (see division (D) below, “land planning criteria”).

         (c)   Relation to regulations for historic structures, sites, and districts. Whenever a PUD application is filed for a property wholly or partially located within a historic site or district involving a historic structure, the Architectural Review Board shall submit its recommendation to the Planning Commission. In such cases, the provisions of this chapter where not inconsistent with the provisions of § 151.075 shall apply.

      (3)   Relation to subdivision rules. It is intended that the provisions of this section be in substantial agreement with Rules and Regulations Governing the Subdivision of Land in Mariemont, Ohio; however, in the event of any conflict, the provisions of this subchapter shall govern.

   (D)   Land planning criteria. The following planning criteria are established to guide and to control the planning, development, and use of land in the PUD.

      (1)   Building and use arrangements. The design and development criteria set forth in this section are intended to provide considerable latitude and freedom in order to encourage variety in the arrangement of uses and of the location, bulk, and shape of buildings, open space, and landscape features. Buildings and uses shall be arranged, designed, and located in order to screen and preserve residential uses within or nearby the PUD from adverse effects of nonresidential uses within or nearby the PUD. The buildings and uses may be arranged in various groups, courts, sequences, or clusters, with open spaces organized and related to the buildings in order to provide privacy, to form a unified composition of buildings and space, and to maximize the peace and tranquillity of the residential occupants of the PUD and the nearby area. The following design standards shall be met in planned unit developments:

         (a)   Adjoining property in the village shall be protected from loss of light, air, and view due to the proximity of the bulk or shape of buildings in the PUD;

         (b)   Through skillful design, the usability and accessibility of open spaces on adjoining lots shall be obtained, while privacy assured within adjoining dwellings;

         (c)   Required yards and setbacks shall not be excessive so as to prevent the reasonable development of open land for landscape features, recreation, or other private uses; and

         (d)   Latitude in design shall apply to the planning of landscape features such as walls, fences, hedges, and other features to create a variety of common open spaces and private areas.

      (2)   Local circulation system. The vehicular circulation system and parking facilities shall be designed to fully accommodate vehicular traffic with safety and efficiency without allowing it to dominate and destroy the form of the area. Driveways for group developments and local streets shall be connected to major arterial and collector streets at locations where the traffic can be controlled and operated effectively with the minimum interference with the capacity of the major arterial and collector streets. The amount of traffic generated by commercial uses passing through residential areas shall be minimized.

      (3)   Topography and site appearance. It is a requirement that these developments shall be designed to take advantage of the topography of the land in order to utilize the natural contours, to economize on the construction of utilities, to reduce the amount of grading, and to maximize the conservation of trees and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of buildings, open spaces, and site features.

      (4)   Utility services. Utility services in a development area shall be entirely underground.

      (5)   Private land. In the planning of residential developments in a variety of groups or clusters, undeveloped land, to the extent possible, may be provided adjacent to the units for the outdoor use of the occupants.

      (6)   Common land. The common land shall be readily accessible to the residential units and shall be usable as open space. The integrity of the common land shall be guaranteed from further division or other changes through deed restrictions or declarations of covenants by explicit prohibition of other than the intended uses; these deed restrictions and covenants shall be exempt from further amendment except upon prior approval by the Planning Commission.

      (7)   Unified boundary. The design at the development area boundary shall be unified with the adjoining developments in the village. Within the development area, parking areas, service areas, commercial areas, and other features likely to have adverse effect on surrounding property shall be screened against viewing from first-story residences in the village outside the PUD.

      (8)   Development area. The minimum area to qualify as a PUD shall be not less than five contiguous acres. A parcel or parcels of land with less acreage may be considered for planned development when it is demonstrated that the smaller area has a unique feature of geography, topography, or other development aspect which is determined by the Planning Commission to be appropriate for the district designation; however, contiguous property of less than five acres may be added to a previously established PUD without any demonstrated basis.

      (9)   Development area density. The overall density of a development area shall conform to the basic overall density requirements of the standard districts.

      (10)   Peripheral setbacks. Along the boundary of any PUD within the village, each nonresidential building shall be set back at least 30 feet from adjoining private property outside the PUD. Each residential building shall be set back from adjoining residential buildings outside the PUD in the village in accordance with the requirements for that district.

      (11)   Required open spaces. In any PUD, the total public or common space shall be not less than 20% of the gross acreage of the PUD District. Common open space shall be protected by recorded covenants and restrictions to assure that such open space will be permanently preserved and maintained.

   (E)   Development procedure and regulations.

      (1)   Preliminary development plan. Subject to the requirements of this subchapter, a developer shall submit to the Planning Commission a preliminary plan of a development area by filing five copies with accompanying letter to the Planning Commission. Plans may only be submitted on behalf of a single owner of the parcel or a group of owners of the land included therein who are acting jointly. The preliminary plan of the development area shall conform to the specifications set forth in Division V of Rules and Regulations Governing the subdivision of Land in Mariemont, Ohio, as revised January, Ord. O-1984, the contents of which are incorporated by reference as part of this code of ordinances as fully as if set out at length herein.

      (2)   Referral for review and reports.

         (a)   Upon receipt of a preliminary plan of a development area, the Planning Commission shall transmit one copy each of the preliminary plan to the Building Commissioner and Village Engineer for review, report, and recommendation. The Planning Commission shall also transmit a copy of all covenants, restrictions, and easements to be recorded and covenants for maintenance to the Solicitor for his or her review, report, and recommendation. The Planning Commission shall further transmit one copy of the preliminary plan to the Metropolitan Sewer District and one copy to the Cincinnati Water Works, and may transmit one copy to the Regional Planning Commission for review and comments. The Building Commissioner, Village Engineer, and Solicitor shall each within 30 days from receiving a preliminary plan of the development area, unless otherwise extended with consent of the developer, provide and furnish to the Planning Commission a report upon their respective jurisdictions with four copies. Three copies of each report shall be filed with the Planning Commission, and one copy filed with the Fiscal Officer of Council who shall maintain such copy for public inspection.

         (b)   Within 60 days after a preliminary plan has been filed with the Planning Commission, unless otherwise extended with consent of the developer, the Planning Commission shall evaluate the plan and shall inform the developer either that the preliminary plan complies with the regulations, standards, and criteria prescribed by this chapter for planned unit development areas applicable to the proposal, or a finding of any failure of such compliance, and a recommendation that the preliminary plan be approved, disapproved, or modified. If in any evaluation the Planning Commission finds that any regulations, standards, or criteria prescribed by this chapter are inapplicable because of unusual conditions of the development area, or the nature and quality of the proposed design, it may recommend that an adjustment in such regulations, standards, or criteria be made, and that special conditions be required for the development, provided the adjustment or conditions will not be in conflict with the promotion of the public health, safety, and general welfare of residents of the village. The adjustments and conditions shall constitute a part of the proposed preliminary plan.

         (c)   If approved, the Planning Commission shall request seven copies of the preliminary plan from the developer, shall stamp them as tentatively approved, and distribute one copy each, with letter certifying action, to the regional Planning Commission, the Building Commissioner, Village Engineer, Metropolitan Sewer District, Cincinnati Water Works, Planning Commission file, and the developer.

         (d)   Following approval by the Planning Commission, the Planning Commission shall notify the developer of such action by registered or certified mail and authorize it to proceed with the preparation of the final development plan, which shall be in accordance with the specifications set forth in Division VI of Rules and Regulations Governing the Subdivision of Land in Mariemont, Ohio, as revised January, 1984, the contents of which are incorporated by reference. Within 15 days after mailing notice, unless the time is extended, the developer shall deposit with the Village Fiscal Officer a cash amount to be credited to the General Fund of the village, for the exclusive use of covering expenses incurred by the village in reviewing the plan. These expenses may include items such as the cost of professional services in connection with reviewing the plan’s on-site inspection, the preparation of reports, publication and mailing of public notice, if any, and any other reasonable expenses directly attributable thereto. The cash amount shall be determined by the Village Council according to statements rendered by the professional rendering the service.

      (3)   Final development plan.

         (a)   The developer of any parcel or parcels of land for which a preliminary plan has been approved by the Planning Commission, and who has posted the inspection fee required in division (E)(2)(d) above, may submit a final development plan. The final plan shall be filed with the Building Commissioner who shall, upon payment of any appropriate fees which may be required, submit the final plan to the Planning Commission within 15 days.

         (b)   If the Planning Commission finds that a proposed final plan of a development area is in substantial compliance with and represents a detailed expansion of the previously approved preliminary plan; that the final plan complies with all of the conditions and adjustments which may have been imposed in the approval of the preliminary plan; that the final plan is in accordance with the design criteria and provisions which apply particularly to any plan of a planned unit development; that all agreements, contracts, covenants, deed restrictions, dedications, easements, declarations of ownership, and other required documents are in acceptable form and have been executed; that development, pursuant to the previously approved preliminary plan, is in accordance with that plan; that all fee payments have been made and that the provisions of the subdivision regulations have been met; the Commission shall then approve and sign such final plan of a PUD.

         (c)   The Planning Commission shall instruct the developer to furnish six copies of the approved final plan and shall transmit one copy each to the Building Commissioner, Village Engineer, Metropolitan Sewer District, and Cincinnati Water Works. One copy shall be retained for the Planning Commission file, and one copy shall be added to the village base maps.

         (d)   Following the approval of a final plan of a development area, the Building Commissioner shall be notified and zoning certificates and other permits shall be issued immediately upon payment of the required fees.    

      (4)   Progressive development.

         (a)   A developer, having obtained Planning Commission approval of any final plan of a development area, may accomplish the development in progressive stages which are consistent with any conditions pertaining to progressive stages of development contained in the final plan as approved.

         (b)   When the final plan of development area provides for partial development of the total area for which a preliminary plan has been approved, the Planning Commission may require inspections of the improvements then made, or detailed plans for all improvements in the development area to permit evaluation of the progress and conformance of development of the entire parcel to the preliminary plan or a previously approved final plan before further or partial development may be approved.

      (5)   Amendments to plan.

         (a)   At any time after the approval of a preliminary plan or a final plan of a development area, the owner or owners, or developer representing the owner or owners, may request an amendment of development plans; the request for the amendment shall be filed with the Planning Commission.

         (b)   If the amendment, as determined by the Planning Commission, represents a major departure from the intent or the substance of the preliminary plan, the amendment shall then be subject to the same procedures and conditions of approval as the original application. For purposes of this section, a “major departure from the intent and substance of the preliminary plan” shall include, but not be limited to, an increase in or relocation of areas planned for a particular use, or the addition of a use not included in the approved preliminary plan.

   (F)   Transfer of land from standard zoning to PUD unit.

      (1)   The Planning Commission, by its Chairperson, shall, within seven days of receipt of a preliminary plan requiring modification of existing zoning in the area of the planned unit development, notify the Fiscal Officer of Council that a public hearing by Council is required pursuant to R.C. § 713.12.

      (2)   Land in an area being planned for transfer to a planned unit development site shall be subject to all applicable provisions of this chapter for that area until a notation is made to the village zone map reflecting the area to be in a planned unit development in accordance with this section.

(2000 Code, § 151.077) (Ord. O-4-96, passed 3-25-1996)

   (A)   Purpose. The village contains certain row houses and other multi-family dwellings. In order to provide for property development and improvement while protecting the historic and architectural features which exist, certain row houses existing as of March 1, 2003, may be rezoned to single-family attached dwelling units; provided, that such units comply with this chapter and Building Code and with the following provisions. These provisions are intended to permit these properties to be developed and conveyed in a more flexible manner, without detriment to neighboring properties.

   (B)   Rezoning. The conversion of a row house or other multi-family dwelling existing as of March 1, 2003, to single-family attached dwelling units requires the prior approval of the Planning Commission. As a condition to approval, the Planning Commission shall require all of the following:

      (1)   A plat of survey and an legal description of the property reflecting the exact boundary lines of the parcels to be created by the conversion, all easements encumbering the parcels and such other matters as may be reasonably required by the Planning Commission. If a garage is located on a re-surveyed lot, the garage shall be shown on the survey and must comply with all applicable provisions of this chapter and the Building Code;

      (2)   Evidence that once the approval of the rezoning is complete the new single-family residences will comply with all applicable provisions of this chapter; and

      (3)   Such other and further requirements as the Planning Commission may deem necessary or appropriate. The applicant shall address party wall and common boundary issues by way of a party wall and common facilities agreement signed by the owners of all adjoining single-family, attached dwelling units. Upon request, the Commission shall provide to applicants a sample party wall and common facilities agreement which is acceptable to the Commission and the village. If a shared garage or a garage having a party wall is included in a parcel to be created by the conversion, the Commission further shall require owners of the shared garage or the garage having a party wall to execute a common facilities agreement for that purpose and will provide an acceptable sample form.

   (C)   Residential buildings to front upon a dedicated street or other public right-of-way; not to be moved to rear of existing buildings. No building or part of a building designated for residential purposes shall hereafter be erected or moved to the rear of any existing building. No building designed for residential purposes shall hereafter be erected or altered unless the building fronts upon a dedicated street or right-of-way dedicated for public use and accepted by the village as a public right-of-way.

   (D)   Minimum street frontage. No lot shall contain any building used in whole or in part for residential purposes unless at least an area not less than the centerline dimension from party wall to party wall of the lot abuts a public street. There shall be not more than one single-family dwelling on the lot.

   (E)   Unobstructed frontage facing dedicated street; qualifying wall.

      (1)   No apartment, residence, home, or other designation of the abode for one family shall have less than 16 feet of exterior wall frontage facing the nearest dedicated street property line, so that no other building, portion of a building, lot, or portion of a lot shall come between the wall and the street.

      (2)   The minimum of 16 feet applies only where the wall is either parallel to the adjacent street property line, on a curve, or parallel to a chord which is at a 90 degree angle to and centers on the same radius that bisects the proposed qualifying wall.

   (F)   No further accessory buildings. With respect to row houses and other multi-family dwellings converted to single-family, attached dwelling units pursuant to this section, no further accessory buildings, outbuildings, or garages may be constructed or placed upon parcels after the conversion.

   (G)   Yard and lot requirements. Row houses and other multi-family dwellings converted to single-family attached dwelling units pursuant to this section shall not be required to comply with the yard specifications set forth in § 151.086(B) and (C), or with the minimum area lot specifications set forth in § 151.086(A).

(2000 Code, § 151.078) (Ord. O-8-03, passed 5-12-2003)