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Miamisburg City Zoning Code

CHAPTER 1278

PR Planned Residential Development District

1278.01 PURPOSE.

   The PR Planned Residential Development District is intended to provide a good deal of flexibility in the arrangement and design of residential dwellings, based upon a unified development plan conceived and carried out for an entire area. Within this district, appropriate and reasonable population density is maintained while a variety of dwelling unit types is permitted. Natural features such as topography, trees and drainageways are encouraged to remain in their natural state to the degree possible. Such developments are generally characterized by a large proportion of both formal and informal open space, the utilization of high-quality building materials, a unified design concept with particular attention devoted to the periphery of the development, with the objective being the compatibility of the development with its surroundings.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.02 PERMITTED USES.

   The following uses are permitted in the PR District:
   (a)   Those uses included as permitted and accessory uses in R-1 through R-4 Residential Districts, developed in a unified manner in accordance with the approved development plan.
   (b)   Convenience establishments as accessory uses which have been established as necessary for the proper development of the community and to be so located, designated and operated to serve primarily the needs of the persons within the planned development, if specifically approved as part of the planned development plan. Uses shall generally be limited to those uses permitted in the NB-1 District, with no direct access or advertising signs for such uses to be visible from the exterior of the development. Such convenience establishments and their parking areas shall not occupy more than five percent of the total area of the development.
   (c)   No separate building or structure designed or intended to be used, in whole or part, for business purposes within a residential planned development shall be constructed until not less than thirty percent of the dwelling units proposed in the development plan have been completed.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.03 AREA REQUIREMENTS.

   (a)   There shall be no minimum land area requirement. The maximum size of a building or buildings to be constructed or utilized on any lot or parcel being developed shall be determined by any and all criteria that are applicable and governed by this Zoning Code. This shall include, but not be limited to, parking, ingress, egress, green space, setback to adjoining property, screening, public streets, easements, surrounding neighborhood and topographic features. The size of the building will then be determined and shall not be larger than that which is allowed by the remaining square footage of land.
   (b)   The Planning Commission shall have the power to decide variables and grant approvals based on each individual circumstance.
(Ord. 2712. Passed 8-1-78; Ord. 3231. Passed 2-2-82; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.04 DENSITY REQUIREMENTS.

   Any combination or cluster of housing units is permitted, provided that the average lot area per family or dwelling unit contained in the site, exclusive of the area of street rights-of- way, parking areas and commercial areas, will not be less than eighty-percent of the lot area per family required in Chapters 1242, 1244, 1246 and 1248, depending upon the type (i.e. single-family attached or detached, two-family, multi-family or a mixture, etc.) of planned residential development being proposed. This density requirement may be varied at the discretion of the Planning Commission and City Council if it can be demonstrated that a variance is necessary to achieve an improved site design and that the surrounding neighborhoods and public facilities will not be adversely affected.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.05 SITE DESIGN.

   (a)   All housing shall be sited to preserve privacy and to ensure natural light.
   (b)   Lot widths may be varied to permit a variety of structural designs. It is also recommended that setbacks be varied.
   (c)   Every housing unit should be situated to abut upon common open space or similar areas. A clustering of dwellings is encouraged.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.06 STRUCTURE SPACING.

   A minimum of fifteen feet shall be maintained between principal structures. This spacing requirement may be varied at the discretion of the Planning Commission and City Council if it can be demonstrated that a variance is necessary to achieve an improved site design and that the surrounding neighborhoods and public facilities will not be adversely affected; however, under no circumstance shall the spacing between principal structures be less than ten feet.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.07 LENGTH OF CONTINUOUS STRUCTURES.

   There shall be no continuous structure of townhouses, attached dwellings or apartments containing more than twelve dwelling units side by side.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.08 HEIGHT.

   The height of any residential structure within a planned unit development shall not exceed thirty-five feet unless it can be demonstrated that an additional height is required, with provision of suitable open space to protect adjacent structures from adverse reduction of light and air.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.09 SETBACK AND SCREENING.

   (a)   Minimum Perimeter Setback. A setback of fifty feet shall be provided along the entire perimeter of the development and retained in natural woods, or be designed with berming and landscaped with grass and/or ground cover, shrubs and trees for the purpose of both protecting the proposed PR development while also providing protection to the adjoining uses.
   (b)   Buffering and Screening.
      (1)   Within this fifty-foot perimeter setback, a minimum of twenty-five feet shall be preserved as either a recorded no-build/conservation easement or as commonly-owned and maintained land, which is to be used for screening and buffering purposes where screening facilities shall be provided to both protect the proposed residential development from adjoining uses while also protecting adjoining land uses. These perimeter screening areas shall provide a dense landscaping screen. A combination of berming and landscaping may be approved at the discretion of the Planning Commission and City Council when the property is void of trees within the required screening areas or in areas where the natural vegetation is not dense enough to provide suitable screening.
      (2)   The remaining twenty-five feet of perimeter buffer may be used as standard yard area where accessory structures may be permitted but principal structures, parking lots and similar uses and structures are not. Planned Residential Districts located adjacent to commercial or industrially-zoned or used areas shall provide screening facilities comprised of landscaping, walls or both, which will provide suitable protection to the residential development as adjudged by the Planning Commission and Council. Screening facilities shall not obscure traffic visibility within fifty feet of an intersection.
   (c)   Modifications. The perimeter setback depth requirement may be varied at the discretion of the Planning Commission and City Council if it can be demonstrated that a variance is necessary to achieve an improved site design and that the surrounding neighborhoods and public facilities will not be adversely affected. If such a modification is granted, the applicant shall demonstrate how the proposed modification will provide an equal level of protection for the proposed use and any adjoining uses when compared to the minimum requirement.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.10 COMMON OPEN SPACE.

   (a)   Open space shall be required in all applications where there is a proposed Planned Residential Development.
   (b)   For open space computation purposes, the dwelling unit density shall be determined when looking at gross density - which includes the entire site. Open space percentages shall also be calculated when looking at the entire acreage of the site to be developed, including areas dedicated as public rights-of-way.
   (c)   The open space requirements for planned residential (PR) developments shall be based upon the proposed residential density and shall be in accordance with Table 1278.10-1 below:
 
Table 1278.10-1: Common Open Space Requirements
Proposed Residential Density (gross density)
Open Space Requirement*
Up to 3 dwelling units per acre
5% formal, 10% informal - 15% total
More than 3 dwelling units per acre but less than 8 dwelling units per acre
8% formal, 10% informal - 18% total
8 or more dwelling units per acre
10% formal, 15% informal - 25% total
 
*   The "formal" and "total" open space requirements represent the minimum share of open space. Developers may provide a larger share of formal open space in place of an equal share of informal open space, but the total share shall not fall below the "total" requirement.
   (d)   Formal Open Space. Formal open space shall be designated for the leisure and recreational use of the residents of the development and be maintained by a HOA or similar organization. Existing publicly-owned parks located within a proposed PR District may be counted toward the formal open space requirement provided that such areas are usable and readily accessible to the residents and visitors of the development.
   (e)   Informal Open Space. Informal open space may include entranceway signage areas, retention and detention ponds, bufferyard/screening areas and areas that are preserved as natural areas such as thick wooded areas and riparian buffers either within individually-owned conservation easements or within areas that are commonly owned and maintained by an HOA or similar organization. If buffering easements along the perimeter of the development that are not commonly-owned by an HOA or similar organization are being counted toward the informal open space requirement, such areas must either be supplemented with screening landscaping or contain natural screening that is to be preserved within a conservation easement; further, only twenty-five feet of the perimeter depth located within such easements may be counted toward the informal open space requirement unless a substantially forested area is being retained within the easement; at which point the perimeter depth counted toward the informal open space requirement may be increased to a maximum of fifty feet.
   (f)   The location, shape, size and character of common open spaces shall be suitable for the proposed residential uses in relation to the location, number and types of dwelling units it is intended to serve. In any case, it shall be highly accessible to all residents or users of the PR development.
   (g)   Pedestrian Connections. Pedestrian connections within commonly-owned open spaces should be provided between cul-de-sacs, dead-end streets, and other portions of the pedestrian network. Such connections should also be provided so residents and visitors can conveniently access commonly-owned areas of the development and surrounding neighborhood amenities.
   (h)   Maintenance. Adequate provisions shall be made for the long-term maintenance and/or operation of the open space and its improvements:
      (1)   The proposed common open space may be conveyed to a public authority which agrees to maintain the common open space and any buildings, structures or improvements which have been placed on it. All land dedicated to the public shall meet the requirements of the appropriate authority as to size, shape and location. Public utility or other similar easements and rights-of-way for water course, other similar channels or for storm drainage facilities are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or other similar purpose and approved by the authority to which the land is dedicated; and
      (2)   The proposed open space may be conveyed to the trustees of a homeowners' association or similar organization formed for the maintenance of the planned development. The common open space may be conveyed by covenants under such an arrangement subject to approval by the Planning Commission. Such covenants shall restrict the common open space to the uses specified on the PR final development plan and provide for the maintenance of common open space in a manner which assures its continuing use for its intended purpose.
(Ord. 6831. Passed 1-21-20.)

1278.11 BURYING OF UTILITIES REQUIRED.

   All utilities, including electric, telephone, gas, water and sewer lines, must be buried, where feasible.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.12 PARKING REQUIREMENTS.

   See Chapter 1292 for required spaces and design criteria.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)

1278.13 SIGNS.

   See Chapter 1293 for sign standards.
(Ord. 2712. Passed 8-1-78; Ord. 6754. Passed 1-15-19; Ord. 6831. Passed 1-21-20.)