Marissa City Zoning Code
PLANNED DEVELOPMENTS
§ 154.045 PURPOSE AND INTENT.
(A) The planned development provisions contained herein, or PD, is intended to provide for developments incorporating a single type or a variety of related uses which are planned and development as a unit.
(B) A planned development may consist of conventionally subdivided lots or provide for nontraditional techniques of development which are consistent with the intent of the Official Zoning Map and meet the spirit and intent of the Zoning Code. The further purpose of the Planned development provisions is to permit the following:
(1) A maximum choice in the type of environment available to the public by allowing a development that would not be possible under the strict application of the provisions of this chapter;
(2) Permanent preservation of common open space and recreation areas and facilities;
(3) A pattern of development to preserve natural vegetation, topographic, and geologic features;
(4) A creative approach to the use of land and related physical facilities that results in better development and design, including effective reuse of unreclaimed strip mines;
(5) An efficient use of the land resulting in more economic network of utilities, streets, schools, public grounds and buildings, and other facilities;
(6) A land use which promotes the public health, safety, comfort, morals, and welfare; and
(7) Innovations in residential, commercial, and recreational development so that growing demands of population may be met by greater variety in type, design, and layout of buildings and lots and by the conservation and more efficient use of open space ancillary to said buildings.
(Prior Code, § 40-3-20)
§ 154.046 SIZE AND DENSITY CONTROLS.
(A) The minimum size of any planned development shall be five acres.
(B) The maximum residential density of any planned development and the maximum lot coverage shall be controlled by the underlying zoning district(s).
(Prior Code, § 40-3-21)
§ 154.047 APPLICATION AND PRELIMINARY DEVELOPMENT PLAN.
(A) (1) The amendment of a preliminary development plan or the designation of a portion of the village as a planned development must be initiated by an application with the proposed preliminary plan, accompanied by the required fee and filed with the Village Clerk.
(2) The application must be verified by the owner or owners of record or the contract purchasers. The application must be filed at least 20 days prior to the Plan Commission meeting at which it is to be first considered.
(B) The application must include the following information. The village may require that this information be included on or filed with designated forms:
(1) The name of the proposed PD development;
(2) Names, addresses, and phone numbers of the owner(s) of record, and engineer, surveyor, or designer responsible for the planning, engineering, survey, and design;
(3) Acreage in the entire planned development;
(4) Legal description of the entire planned development;
(5) Signature(s) of applicant(s) and owner(s) certifying the accuracy of the requested information;
(7) A recent certificate of title to the property showing ownership or other form of evidence of ownership or control (e.g., property tax bill, executed contract for purchase or option);
(8) A list containing the names and addresses of all owners of property located within 250 feet of the property to be designated a planned development; and
(9) Any additional information deemed necessary by the Plan Commission.
(C) The application must be accompanied by six copies of the proposed preliminary development plan. The scale for preliminary development plan shall be of such a size so as to clearly show the following information, but in no case shall be less than one inch equals 200 feet:
(1) The name of the planned development;
(2) Scale, north arrow, and the date drawn;
(3) Proposed use and development of the planned development;
(4) Boundaries, dimensions, and area of the planned development;
(5) Location of the planned development in relation to the surrounding uses, buildings, and zoning;
(6) Location of the planned development in relation to major thoroughfares, and any roadways or drives connecting the planned development to those major thoroughfares;
(7) Names of adjacent subdivisions, layout of streets (with names and rights-of-way widths), connections with adjoining platted streets, location and widths and of adjoining alleys, easements and public sidewalks, and location and dimensions of all existing sanitary sewer, storm sewer, and supply facilities within 250 feet of the planned development;
(8) Existing conditions in the planned development area showing all easements, streets, drives, or alleys, bridges, and existing structures;
(9) Existing topography (at least five foot contour intervals). All topographic data shall directly relate to USGS data;
(10) The preliminary development plan submittal shall include the information required in § 153.007, as applicable. In addition, the following shall be included as applicable:
(a) Gross and net acreage (exclusive of streets) of tract;
(b) Building outlines (footprints) of all structures, except detached single-family and attached single-family dwellings proposed on subdivided lots;
(c) Internal traffic circulation drives and parking areas, except driveways associated with single-family and two-family dwellings proposed on subdivided lots;
(d) Maximum number of residential dwelling units allowed per the original zoning district or districts;
(e) Number of residential dwelling units proposed;
(f) Number of off-street parking spaces required and proposed;
(g) Delineation of and gross floor area of all non-residential buildings. Non-residential uses shall be identified by use type;
(h) The proposed location and use of open spaces, including common ground, recreational areas, plazas, and buffer areas;
(i) Preliminary landscaping plan including general information on the areas of landscaping treatment (e.g., natural areas to be preserved, green areas, general tree placements and massing, and the like); and
(j) Other narrative and graphic information as necessary to describe design intent and proposed deviations from zoning or other development design standards.
(11) Any additional information deemed necessary by the Plan Commission to adequately illustrate the planned development.
(D) The preliminary development plan and final development plan required in this section shall replace (for a planned development only) any other site plan required by the village.
(Prior Code, § 40-3-22)
§ 154.048 REVIEW OF APPLICATION AND PLAN.
(A) The proposed preliminary development plan shall be referred to the Plan Commission for study, a public hearing thereon and recommendation and report to the Board of Trustees. Preliminary plats associated with a planned development shall be subject to the provisions of Subdivision Code in Chapter 153. To the extent practicable, review, and approval of the preliminary subdivision plat and preliminary development plan may take place simultaneously.
(B) The Plan Commission shall not act on any proposed plan before holding a public hearing thereon. Notice shall be given of the time and place of the hearing not more than 30, nor less than 15 days before the hearing, by publishing a notice thereof in a newspaper published in village, or, if no newspaper is published therein, then in a newspaper of general circulation within the village.
(C) (1) After holding a public hearing on any proposed plan, the Plan Commission shall submit its report of its action to the President and Board of Trustees for consideration and action. Said report shall include all documents comprising the proposed plan referred to the Plan Commission, the recommendation of the Plan Commission with respect to such proposed plan, and the reasons for approval or disapproval of such proposed plan.
(2) The Plan Commission’s recommendation regarding the preliminary development plan shall be based upon whether the plan is consistent with good general planning practice, consistent with good site planning, can be constructed and operated in a manner that is not detrimental to the permitted uses in the district, would be visually compatible with the uses in the surrounding area and is deemed desirable to promote the general welfare of the village. The Plan Commission must also consider architectural, landscape and other relationships which may exist between the proposed PD development and the character of the surrounding neighborhood and must prescribe or require such physical treatment or other limitations as will, in its option, enhance the neighborhood character.
(D) If no report is transmitted by the Plan Commission within 60 days from the date that the application is first reviewed by the Plan Commission at a regular meeting, the President and Board of Trustees may take action on such proposed plan even though the Plan Commission has not submitted its report. If the Plan Commission fails to hold the public hearing required by Section 40-3-23(b), the President and Board of Trustees may assume that responsibility and hold such a hearing after providing the requisite notice.
(E) (1) Upon receipt of the Plan Commission’s report, the President and Board of Trustees shall either approve the application by adopting an ordinance amending the Official Zoning Map and authorizing the PD zoning designation in accordance with the preliminary development plan, or deny the application.
(2) If the application is approved, the matter shall be returned to the Plan Commission for consideration of a final development plan.
(F) (1) Minor, technical, and mechanical changes to the preliminary development plan may be approved by the Zoning Administrator without review by the Plan Commission or the Board of Trustees so long as the changes do not materially affect the PD designation as approved by the Board of Trustees.
(2) Within seven days of such approval, the Zoning Administrator will advise the Chair of the Plan Commission of any such change.
(Prior Code, § 40-3-23)
§ 154.049 FINAL DEVELOPMENT AND SECTION PLANS.
(A) Final development plan submission. The final development plan, which may be submitted for review and approval in phases, shall be in substantial compliance with the approved preliminary development plan and shall comply with the conditions of the ordinance establishing the specific PD district and approving the preliminary development plan. In addition to these requirements, the preliminary development plan information shall be submitted in its final form and include:
(1) Delineation of off-street parking spaces and count, except for detached single-family or attached single-family developments;
(2) Any site plan revisions that were required as a result of the conditions placed on the preliminary development plan;
(3) The final landscape plan identifying the general location of all plant material, specifying size and species; provided such final plans are not required for detached single-family or attached single-family developments;
(4) The proposed deed restrictions, protective covenants, and the Homeowners’ Association articles of incorporation and by-laws, showing the means of maintaining common ground and common area improvements, if applicable; and
(5) If applicable, written evidence that designs for streets, curb cuts, and/or signalization have been approved by the State Department of Transportation and/or the County Highway Department if the proposed development is to have access to or crosses roadways of one or both of these entities.
(B) Copies and alternative. Six copies of each document shall be provided with the application for final development plan approval. The scale of the final development plan shall be of such a size so as to clearly show the required information, but in no case shall be less than one inch equals 200 feet. The scale of section plans shall be no less than one inch equals 100 feet. Final plat drawings may substitute for section plans for the detached single-family and attached single-family residential component of the planned development.
(C) Final development plan approval. The Plan Commission must determine if the final development plan complies with the conditions of the ordinance authorizing the PD development.
(1) If the development is to be completed in phases, a section plan for each phase must be submitted to the Plan Commission for review and approval. The section plan must contain such information as is required by the ordinance establishing the planned development, in addition to such other information required on a final plat by the subdivision regulations contained in Chapter 153.
(2) The Plan Commission shall submit its recommendation of each final development plan or section plan to the Board of Trustees. If the Plan Commission does not approve or disapprove a final development plan or a section plan within 35 days from the date that the plan is first reviewed by the Plan Commission at a regular meeting, the Board of Trustees may approve or disapprove such plan even though the Plan Commission has taken no action.
(3) All plans shall be retained on file by the Village Clerk. An approved final development plan that involves the subdivision of land shall have the final plat associated with said final development plan executed and recorded in accordance with the Subdivision Code in Chapter 153. No building permits or authorization for improvement or development for any use authorized under provisions of the ordinance governing the tract shall be issued prior to approval and recording of such plans.
(D) Changes to final development plan.
(1) Minor changes in the location, siting, and height of buildings and structures may be authorized by the Administrator without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section may cause any of the following:
(a) A change in the use or character of the development;
(b) An increase in overall coverage of structures;
(c) An increase in the intensity of use;
(d) An increase in the problems of traffic circulation and public utilities;
(e) A reduction in approved open space;
(f) A reduction of off-street parking and loading space; or
(g) A reduction in approved pavement widths.
(2) (a) All other changes in use, or significant rearrangement of lots, blocks and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be approved by the President and Board of Trustees after report of the Plan Commission.
(b) Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy.
(c) Adjustments in the alignment of streets or minor reconfiguration of lots shall not constitute an amendment requiring approval by the President and Board of Trustees, provided that such adjustments shall be incorporated on the final plat, if such a plat is required under the Subdivision Code.
(Prior Code, § 40-3-24)
§ 154.050 DEVELOPMENT DESIGN REQUIREMENTS.
In addition to development standards required by other village codes, including the Subdivision Code in Chapter 153, the following design requirements apply.
(A) All lighting shall be served with underground cable. All parking areas and sidewalks, but excluding nature, walking and bicycle trails, shall be illuminated so as to produce a uniform illumination of two foot candles with said areas. All exterior lighting shall be shielded and/or otherwise designed to direct light downward and within the confines of the site area so as to prevent or minimize glare or spillover to other areas.
(B) (1) All developed parcels, except those developed for single-family, shall be provided with streets or circulation drives with a minimum width of pavement of 24 feet. Driveway openings along arterial streets shall be limited to not more than 36 feet in width and shall be limited to one drive per 100 feet of lot width.
(3) Concrete curbs shall be provided along all drives that do not abut parking spaces. All parking areas shall be edged with concrete curbs. Surface or underground storm drainage facilities shall be provided for all roads, drives and parking areas as approved by the Zoning Administrator. All storm drainage will be directed into established surface or underground storm drainage facilities.
(C) (1) Telephone, electric power, cable television, and all other utilities, except surface storm water facilities, shall be located underground.
(2) However, the following shall be excluded from this requirement:
(a) Poles used exclusively for street lighting;
(b) Antennas, associated equipment, and supporting structures used by a utility for furnishing communication services;
(c) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts;
(d) Temporary poles, overhead wires, and associated overhead structures used for a period not to exceed six months which are necessary to provide utility service until the permanent service is completed;
(e) Poles, wires, and controller cabinets necessary for the operation of traffic signals; and
(f) Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.
(D) Building setback requirements within a planned development may deviate from the minimums required in the underlying zoning district.
(E) Lot configurations for detached single-family and attached single-family dwellings developed upon unreclaimed strip mine properties may be configured in unconventional ways (such as flat lots) and may deviated from the site lot line design guidelines, as specified in § 153.131(B); provided that all such lots be so configured as to permit access of emergency vehicles to the structures built upon such lots. Exceptions to this access requirement (e.g., building on islands) may be granted pursuant to the procedures and standards specified in §§ 154.375 through 154.380.
(F) Floor area ratios shall be observed as maximum density controls for the following uses:
Type of Dwelling | Maximum Density |
Duplexes | 0.4 |
Multi-family buildings | 0.6 |
Single-family attached dwellings | 0.4 |
(Prior Code, § 40-3-25)
§ 154.051 CRITERIA FOR REVIEWING APPLICATIONS AND PLANS.
In considering whether or not such application for a planned development should be granted, it shall be the duty of the Plan Commission and the Board of Trustees to give consideration to the effect of the requested use on the health, safety, morals, and general welfare of the residents of the area in the vicinity of the property in question and the residents of the village generally. In considering the planned use or uses, the Plan Commission and the Board of Trustees should consider the following:
(A) The appropriateness of the proposed use or uses for the site in terms, of land patterns in the entire village;
(B) The compatibility with surrounding uses and the surrounding neighborhood;
(C) The comparative size, floor area, mass, and general appearance of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood; and
(D) The amount of traffic generated by the proposed use or uses and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street’s capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.
(Prior Code, § 40-3-26)
§ 154.052 PERFORMANCE AND MAINTENANCE GUARANTEES.
(A) (1) All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan or, at the discretion of the village, escrow deposits, irrevocable letters of credit or other form of guarantee approved by the Village Attorney, or performance bonds shall be delivered to guarantee construction of the required improvements.
(B) In addition to the above requirement, a deposit shall be made to the village in cash, irrevocable letters of credit in a form approved by the Village Attorney, or maintenance bonds to guarantee satisfactory performance of the facilities constructed within the planned development pursuant to § 153.116 of the Subdivision Code in Chapter 153.
(Prior Code, § 40-3-27) (Ord. 06-08, passed 6-19-2006)