Mayfield City Zoning Code
CHAPTER 1159
Planned Residential Development District
1159.01 INTENT.
The intent of the Planned Residential Development District is to provide for residential development opportunities on larger land parcels within the Village when it has been determined that the location of the land is consistent with the purpose and intentions of this district which are to:
(a) Promote flexibility in design and permit planned diversification in the type and location of dwelling units permitted in the Village
(b) Offer cluster and townhouse development as a transitional use along and in locations which should remain residential but are not or may not be, suitable for standard residential subdivisions. This transitional use is appropriate along major arterial and collector streets and not designed for local residentia1 streets.
(c) Promote the efficient use of land to facilitate a more economical arrangement of buildings, circulation systems, and utilities.
(d) Preserve to the greatest extent possible existing landscape features, open space areas, and amenities and to utilize such features in a harmonious fashion.
(e) Ensure the developments are compatible with surrounding areas by requiring the submission of development plans and establishing a review process to ensure that all developments are consistent with these regulations.
(f) The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources, or other potential adverse influences are designed and located to protect the residential character of areas adjacent to the development.
(g) Meet the changing housing needs of the population of Mayfield Village.
(h) Maintain and protect the existing residential character of Mayfield Village.
(Ord. 2003-02. Passed 4-21-03.)
1159.02 PROVISIONS GOVERNING PLANNED RESIDENTIAL DEVELOPMENTS.
Because of the special characteristics of planned residential developments, special provisions governing the development of land for this purpose are required therefor. Whenever there is a conflict or difference between the provisions of this chapter and those of other chapters and sections of this Code, the provisions set forth in this chapter shall prevail.
(Ord. 2003-02. Passed 4-21-03.)
1159.03 PERMITTED USES.
In a Planned Residential Development District, no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used except for a Planned Residential Development District Use, which includes the following:
(a) Standard detached single-family dwellings;
(b) Detached cluster single-family dwellings;
(c) Attached single-family dwellings which are defined as a building consisting of single-family dwellings attached by one or more party walls in-between; and limited to no more than 3 attached units.
(d) Accessory uses customarily incident to the permitted residential uses such as off- street parking, recreational facilities, and mailboxes. No individual dwelling unit in this District is permitted an accessory detached building.
(Ord. 2003-02. Passed 4-21-03.)
1159.04 OCCUPANCY REGULATIONS.
(a) In a Planned Residential Development District, the definition of “family”, as found in Section 1145.01(k) is hereby modified and amended to read as follows:
“Family” means one or more persons, related by blood, marriage or adoption, or not more than three (3) persons of the same sex not related by blood, marriage or adoption, who live together in a dwelling unit as a nonprofit housekeeping unit, as distinguished from a group occupying a boarding, lodging or tourist house, sorority or fraternity house, hotel or motel.
(b) Number of Persons Who May Occupy a Dwelling Unit. No person shall maintain, or own a dwelling unit unless it contains at least 300 square feet of habitable floor area for the first occupant and at least 200 additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet of habitable area required by any ordinance of the Municipality. Habitable floor area shall be considered to mean the floor area in rooms used for living, sleeping, eating or cooking, and complying with Chapter 1321 of the Building Code, as amended, per pertaining to height and area, and not counting bathrooms, lavatories, closets or basement rooms.
(Ord. 2003-02. Passed 4-21-03.)
1159.05 DEVELOPMENT REGULATIONS.
(a) Minimum Project Size and Frontage. The project size for a tract of land being developed in the Planned Residential Development District shall be a minimum of four (4) contiguous acres, and must have a minimum sixty-foot (60') frontage upon and abutting a dedicated street. Furthermore, the required frontage shall be a minimum of sixty feet upon and abutting a dedicated street, and shall remain undiminished in width into the development acreage or no less than sixty feet for its length into the development acreage.
(Ord. 2006-05. Passed 2-27-06.)
(b) Maximum Density. The maximum gross density of the Planned Residential Development District shall be 4 dwelling units per acre.
(c) Height Limitations.
(1) Height limitations shall be in accordance with Section 1181.01.
(d) Building Setbacks.
(1) Minimum building setback from existing streets. The minimum building setback from existing street rights-of-way or from the planned widening of an existing street rights-of-way shall be the required setback set forth on the revised district and zone map.
(2) Minimum building side and rear yard setbacks. The minimum side and rear property building setback shall be 30 feet but in no case less than the height of the structure.
(3) Minimum separation between buildings. The minimum separation between buildings shall be:
A. Twenty (20) feet when two side walls are adjacent to each other;
B. Forty (40) feet when a main wall (either front or rear) is adjacent to a side wall; and
C. Sixty (60) feet when two main walls (either front or rear) are adjacent to each other.
(4) Minimum building distance from private streets. The minimum building distance from private streets in the Planned Residential Development District shall be 25 feet. The distance from the private street to front entrance garages shall be 35 feet.
(e) Minimum Living Area For Dwelling Units.
(1) A one story family dwelling unit shall have a minimum floor area of not less than 1,800 square feet, exclusive of basement, utility room and garage space.
(2) A family dwelling unit consisting of one and one-half stories shall have a minimum first floor area of not less than 1,400 square feet and a minimum total floor area of not less than 2,200 square feet, exclusive of basement, utility room and garage space.
(3) A family dwelling unit consisting of two stories shall have, a minimum first floor area of not less than 1,400 square feet and a minimum total floor area of not less than 2,500 square feet, exclusive of basement, utility room and garage space.
(Ord. 2003-02. Passed 4-21-03.)
1159.06 PARKING REGULATIONS.
(a) Two Car Attached Garage. Each dwelling unit shall have a two car attached garage. The minimum area being not less than 400 square feet.
(b) Guest Parking. One guest parking space (nine feet by twenty feet) shall be provided for every two dwelling units in the project. The required guest parking spaces shall not include either the garages, the driveways in front of the garages, or parking on private streets.
(c) Parking Restrictions. No person shall keep, park, store or allow to be kept, parked or stored any motor vehicle, truck, tractor, semitrailer or trailer in a Planned Residential Development District, except passenger automobiles or motorcycles not used for commercial, business, or manufacturing purposes. This section shall not, however prohibit the following uses in such use district:
(1) Trucks making bona fide deliveries to or pickups from the premises where they are parked, but only for so long a time as is reasonably necessary to make such deliveries or pickups;
(2) Vehicles necessarily used in connection with the legal construction, altering, repairing, removal or demolition of buildings, appurtenances and roads for such time as is reasonably necessary to perform such work;
(3) Vehicles used by or on behalf of the Village or any other governmental body;
(4) In Planned Residential Development District, vehicles necessarily and customarily incident to the operation of any attached house or common area.
(Ord. 2003-02. Passed 4-21-03.)
1159.07 ACCESSWAYS AND PRIVATE STREETS.
(a) Private streets shall have a minimum pavement width of twenty-four (24) feet.
(b) Accessways or driveways which serve more than two (2) dwelling units shall have a minimum width of twenty-four (24) feet. Accessways or driveways serving less than three (3) dwelling units shall have a minimum width of sixteen (16) feet.
(c) The Planning and Zoning Commission shall establish the number and location of access drives from existing public streets to the project which the Commission determines will maximize public safety, adequately manage and maintain traffic flow on existing streets, and be convenient to the residents of the proposed development.
(d) Planning Commission shall establish the need, number, location, size, and extent of sidewalks/paths for each proposed development.
(e) Private streets shall provide adequate turning radii to accommodate all fire equipment that may access the site.
(Ord. 2003-02. Passed 4-21-03.)
1159.08 SIGNAGE.
(b) In addition to the regulations of Section 1185.12, one identification sign will be permitted for each point of vehicular access. Such identification signs are not to exceed thirty-two square feet in area and four feet in height.
(Ord. 2003-02. Passed 4-21-03.)
1159.09 HOMEOWNERS ASSOCIATION.
(a) As part of a planned residential development, a homeowners association, community association, condominium association, or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas, including open space and common drives.
(b) The Village Law Director shall determine that, based on documents submitted with the development plan, the association's bylaws or code of regulations specify the following requirements:
(1) Membership in the Association shall be mandatory for all purchasers of units in the development.
(2) The Association shall be responsible for maintenance, control, and insurance of open space and common areas, including common drives.
(3) The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments.
(4) All units must be owner occupied.
(Ord. 2003-02. Passed 4-21-03.)
1159.10 DEVELOPMENT PLAN REVIEW PROCEDURES.
(a) Pre-application Meeting. It is recommended that the applicant meet with the Building Commissioner prior to submission of the preliminary development plan or final development plan. The purpose of these meetings is to discuss early and informally the purpose and effect of this chapter and the criteria and standards contained herein. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed are to be construed by the applicant as indicating subsequent approval or disapproval of the development plan.
(b) Submission of Preliminary Development Plan; Contents of Application for Approval. The applicant shall submit 20 copies of the preliminary development plan application and the application fee to the Village Building Commissioner, which shall indicate the general concept of development for the entire project area. The application shall include:
(1) A site plan and any other maps or plans necessary to show the major details of the proposed planned residential development must contain the following minimum information:
A. Boundaries of the area proposed for development, dimensions and total acreage.
B. The location of all existing structures and access points.
C. The existing site conditions including contours, watercourses, flood plain,, unique natural features, and forest cover.
D. The general size and location of all proposed dwelling units.
E. The general location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as open space, public parks, recreational areas or facilities, school sites, and similar public and semi-public uses.
F. The proposed circulation system of local streets, private streets, access ways, off-street parking areas, and major points of access to public rights-of-way.
G. The general layout of the existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system.
(2) A general landscape plan indicating:
A. The treatment of materials used for open space and common areas.
B. The proposed treatment of the perimeter of the planned residential development, including materials and technique used such as screens, fences, and walls.
C. Natural features to be conserved.
(3) Sufficient information on land areas adjacent to the proposed planned residential development to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape.
(4) Illustrations (either elevations, renderings or photographs) and/or a written description of the type and quality of dwelling units anticipated for the development.
(5) The existing and proposed utility systems presented in text or graphic form including sanitary sewers, storm sewers, water, electric, gas, telephone lines, surface water drainage and storm water drainage system.
(6) Supplemental documents.
A. A legal description of the total site proposed for development.
B. Name, address, and telephone number of applicant. If applicant is not the owner, documentation of interest in the property is required.
C. A statement of planning objectives to be achieved by the planned residential development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.
(7) Any additional information, as required by the Planning and Zoning Commission, necessary to evaluate the character and impact of the proposed planned residential development.
All site plans and supporting maps shall be at a scale which is adequate to convey the information thereon. It is in the discretion of the Planning and Zoning Commission to judge the adequacy of such maps.
(c) Planning and Zoning Commission Review of Preliminary Development Plan. The Commission shal1 review the preliminary development plan to determine if it is consistent with the intent and purpose of this chapter and the review criteria set forth in Section 1159.10(f).
(d) Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall take action on the proposed preliminary development plan by either:
(1) Approving the preliminary development plan as submitted; or by City Engineer.
(2) Approving the preliminary development plan subject to conditions not included in the plan as submitted, such as, but not limited to, improvements to the general building layout or open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding development; or
(3) Denying the development when the applicant does not demonstrate that the required standards have been met.
Failure of the Planning and Zoning Commission to act within ninety (90) days from the date the preliminary application was determined complete by the Building Commissioner, or an extended period as agreed upon, shall be deemed an approval of the preliminary development plan.
(e) Submission of Final Development Plan; Contents of Application for Approval. After approval of the preliminary development plan, the developer shall submit a final development plan for review and approval by the Planning and Zoning Commission. The final development plan shall be in general conformance with the approved preliminary development plan, and shall indicate, among other things, the exact location of buildings, landscaping, parking areas, access drives, and signs. 20 copies of the final development plan application shall be submitted to the Building Commissioner, which shall include the final development plan and supplemental documentation itemized below.
(1) The Final Development Plan and any maps necessary to show the major details of the proposed planned residential development must contain the following minimum information:
A. A survey of the proposed development site, showing the dimensions and bearing of the property lines, total area in acres, topography, and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, gas wells and land uses.
B. The exact location and dimensions of proposed common drives and public street rights-of-way.
C. The location and configuration of vehicular circulation, including off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives, other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control.
D. The exact location and parameters within which cluster and attached single-family dwelling units are to be constructed, and the lot lines with dimensions for all standard single-family detached dwellings.
E. The dimensions of all proposed building/unit spacing, setbacks, parking areas, drives and walkways.
F. Designated open space and common areas, and the location and description of recreational facilities and uses within such areas that are considered accessory to the residents of the Planned Residential Development District;
G. Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations; waste disposal facilities, street improvements, and nature and extent of earth work required for site preparation and development;
H. Preliminary building plans, including floor plans and exterior elevations, detailing the type of dwelling units and proposed construction materials.
(2) Detailed landscaping plans including the following:
A. The description and location of landscape materials proposed for restricted open space and common areas;
B. The treatment of the perimeter of the planned residential development, detailing the description and location of landscape materials and screening, such as fences and walls; and
C. Natural features to be conserved or removed within the proposed development and the treatment and location of required buffer areas.
D. Any additional information, as required by the review authority, necessary to evaluate the character and impact of the proposed planned residential development.
E. Plans shall be reviewed and approved by the Village Landscape Architect.
(3) 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 thereof including those areas which are to be commonly owned and maintained such as open space areas, common drives and sidewalks, and any requirements relating to the size, location and type of accessory uses associated with individual dwelling units, such as storage sheds and fences. If the proposed project is a phased development, such documentation shall be submitted with the first phase.
All final plans and supporting maps shall be at a scale, which is adequate to convey the information thereon. It is the discretion of the Planning and Zoning Commission to judge the adequacy of such maps.
(f) Procedures for Review and Approval of Final Development Plan.
(1) The Village Law Director shall review the bylaws or code of regulations and any other final covenants and restrictions and maintenance agreements to be imposed upon the planned residential development. The Law Director shall provide a written opinion to the Planning and Zoning Commission documenting compliance with the applicable requirements of Section 1159.09.
(2) The Planning and Zoning Commission will review the Final Development Plan to determine if it is in compliance with the approved preliminary development plan, and includes any modifications required by the Planning and Zoning Commission during the review of the preliminary development plan, and the following criteria:
A. The development will preserve and be sensitive to the natural characteristics of the site.
B. The pedestrian and vehicular linkages proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned residential development.
C. The proposed development shall include adequate means of pedestrian movement throughout the development and in relation to surrounding pedestrian circulation patterns.
D. The development will result in a harmonious grouping of buildings so that the area surrounding said development can be developed in coordination and substantial compatibility with the proposed development.
E. The existing and proposed utility services are adequate for densities proposed.
F. Maximum possible privacy for adjacent residential properties shall be provided through good design and use of the proper building materials and landscaping.
G. On-site circulation shall be designed to provide for adequate fire and police protection, and safe and efficient pedestrian and vehicular circulation.
H. The proposed development complies with all other applicable provisions of this Zoning Code.
(g) Action by Zoning Commission on Final Development Plan. Based on the above review and the Village Law Director review and opinions, the Planning and Zoning Commission shall take action on the proposed final development plan by either:
(1) Approving the final development plan as submitted; or
(2) Denying the final development plan when the applicant does not demonstrate that the required standards have been met.
Failure of the Planning and Zoning Commission to act within ninety (90) days from the date the final application was determined complete by the Building Commissioner, or an extended period as agreed upon, shall be deemed an approval of the final development plan.
(h) Expiration of Development Plan Approval. An approved development plan whether preliminary or final shall remain valid for a period of 12 months following the date of its approval, unless the Planning and Zoning Commission authorizes a longer period at the time of approval.
(i) Significance of an Approved Plan; Plan Revisions.
(1) An approved preliminary development plan shall establish the development framework for the project, including the general location of open space, development areas, densities, unit types, recreational facilities and street alignments. It shall also be the basis for the application to proceed with detailed planning and engineering of the proposed development in reliance of the approved preliminary development plan.
(2) An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved final development plan may be transferred to another person, corporation or group of individuals or corporations who shall be subject to all requirements set forth in the approved plans. All construction and development under any zoning certificate shall be in accordance with the approved final development plan. Any departure from such plan shall be a violation of these regulations.
(3) Any changes in an approved preliminary development plan or final development plan shall be resubmitted for approval in accordance with Section 1159.10.
(j) Equivalency Consideration. In reviewing the application, the Planning and Zoning Commission may find that a final development plan is equivalent to the requirements of this Zoning Code even though such development plans are not in strict compliance with the numerical requirements therein.
(1) In making such findings, the Planning and Zoning Commission may determine that elements of a final development plan are equivalent to a numerical requirement:
A. When the proposed final development plan substantially complies with all specific requirements and with the purpose, intent and basic objectives of the zoning district;
B. When through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives, and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and
C. When the development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
(2) When evaluating the application with respect to this subsection, the Planning and Zoning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Zoning Code.
(k) Approval by Village Council. The Village Council shall review the final development plan as approved by Planning and Zoning Commission. Any modifications required by Council shall be submitted for approval prior to start of construction.
(Ord. 2003-02. Passed 4-21-03.)