Ocean View City Zoning Code
ARTICLE VII
Planned Community Zoning Districts
§ 140-46 Establishment; purpose.
B.
Purposes and intents.
(1)
The planned communities envisioned in these districts are intended to have appropriate mixes of residential and commercial uses. Accordingly some planned communities might have only residential uses, others might contain mostly residential use with a small portion of commercial activities, while others might appropriately include up to 50% commercial within a single planned community.
(2)
To create a superior living environment through unified development, a concept plan must be approved in order for the petition for reclassification to be granted.
(3)
By permitting mixes of residential dwelling units and compatible commercial uses, innovative design is encouraged.
(4)
Flexible dimensional standards are allowed in order to minimize infrastructure costs.
(5)
Environmental resources are conserved through requirements for common open space.
§ 140-47 Concept plan.
A.
Concept plan required for reclassification.
(1)
In order to assist in achieving the flexibility of the design needed for the implementation of the purposes of the planned community zoning districts, every applicant is required to submit a concept plan as a part of an application for reclassification to a planned community district.
(2)
When an application for reclassification to a planned community district is considered concurrent with a petition for annexation to the Town, a concept plan shall accompany the petition.
(3)
The fact that a concept plan complies with all of the stated general regulations, development standards, or other specific requirements of the zone does not, by itself, create a presumption that the proposed development would be desirable and is not sufficient to compel approval of the concept plan or the granting of the rezoning application.
B.
Concept plan approval not final plan approval.
(1)
A concept plan approved at the time of reclassification to any planned community zone does not constitute development plan approval and shall not be used as the sole basis for building permit applications and approvals.
(2)
Following reclassification to any planned community zone, a development plan (or plans, if the tract is built in stages) must be approved in accordance with the requirements of Article XVI prior to recordation of any lot or issuance of any building permit. The development plan must be consistent with the concept plan and any conditions approved at the time of reclassification to any planned community zone in order to gain approval under Article XVI.
C.
Concept plan changes. Amendments, changes, or alterations to a concept plan approved at the time of reclassification to any planned community zone shall be processed, reviewed, and approved in the same manner as an initial petition for reclassification.
§ 140-48 Permitted uses.
See Article IV.
§ 140-49 Tract standards.
[Amended 1-13-2015 by Ord. No. 320]
A.
Applicability: all planned community districts.
B.
Standards.
[Amended 7-13-2021 by Ord. No. 377]
Standard | RPC District | MXPC District | |
|---|---|---|---|
Minimum gross tract area1 (acres) | 20, recorded as a single parcel | 20, recorded as a single parcel | |
Requirements for commercial uses | |||
Minimum area | N/A | 25% of net tract area2 | |
Maximum Area | 1 acre per 100 dwellings | 50% of net tract area2 | |
Distribution of residential uses | |||
Minimum single-unit dwellings | 50% of total units | 25% of total units | |
Maximum other dwellings | 50% of total units | 75% of total units | |
Maximum dwelling units per gross tract area (per acre) | 4.0 | 4.0 | |
Minimum requirement for common open space | 40% of gross tract area | 40% of gross tract area | |
Notes: | |
|---|---|
1. | Gross tract area means the total area of land contained in the petition for reclassification to a planned community district. |
2. | Net tract area means the area of land from which the minimum common open space has been subtracted. |
§ 140-50 Dimensional standards.
A.
Applicability: all planned community districts.
B.
Standards for dwelling units.
Standard | Dwelling Type | ||||
|---|---|---|---|---|---|
Single Unit | Duplex | Semi- detached | Townhouse | Multiple-Unit | |
Minimum lot area per unit (square feet) | 7,500 | 10,000 | 5,000 | 2,000 | 3,000 |
Minimum lot width at front property line (feet) | 60 | 100 | 50 | 22 | N/A |
Maximum height (feet) | 42 | 42 | 42 | 42 | 42 |
Additional dimensional standards | May be established at the discretion of the Town Council by the ordinance enacted by the Town Council at the time a property is placed in a planned community district | ||||
Dimensional standards not specified by ordinance enacted at the time a property is placed in a planned community district | Same as R-3 Zone | ||||
Notes: | |
|---|---|
1. | Minimum lot area and/or minimum lot width may be increased at the discretion of the Town Council by the ordinance enacted by the Town Council at the time a property is placed in a planned community district. |
C.
Standards for commercial uses.
Standard | Requirement | |
|---|---|---|
Dimensional standards | May be established by ordinance enacted by the Town Council at the time a property is placed in a planned community zoning district | |
Dimensional standards not specified by ordinance enacted at the time a property is placed in a planned community district | Same as GB-1 and GB-2 Zones |
§ 140-51 Design standards.
A.
Disruption of natural environment. The planned community shall be designed, and construction activities shall be scheduled so as to minimize earthmoving, erosion, tree clearance, and other disruption of the natural environment. Existing vegetation shall be preserved wherever possible. Where extensive natural tree cover and vegetation do not exist or cannot be preserved on a site, landscaping shall be undertaken in order to enhance the appearance of the development and screen streets and parking areas, and enhance privacy of private dwellings. Natural drainage systems shall be preserved wherever possible.
B.
Relationship to adjacent properties. To provide transition between planned communities and adjacent properties, no building shall be constructed less than 40 feet from the perimeter property line of the planned community.
C.
Privacy. Dwelling units, accessory structures, recreational facilities, and nonresidential uses shall be located and arranged so as to provide privacy for residents within the development and to maintain privacy for residents adjacent to the planned community. Structures and activities located near the periphery of the planned community shall be designed to harmonize with neighboring areas.
D.
Variety of housing types. The planned community's design should integrate a variety of housing (dwelling) types in a way that provides architectural diversity. Housing types should be interspersed to avoid monotony and segregation by dwelling type. Accordingly no single housing type should dominate either the planned community as a whole or any one section of the community.
E.
Commercial component.
(1)
The types and arrangement of commercial uses shall be appropriate and proportional to the type of planned community.
(2)
In residential planned communities, commercial uses shall be designed and located so as to blend with the surrounding residential areas. The development plan shall provide for vehicular and pedestrian connection to the commercial areas.
(3)
In mixed-use planned communities, commercial uses are likely to be located at the periphery of the development site adjacent to an arterial or major collector roadway. In such situations where up to 50% of the development site may be allocated to commercial uses, the development plan shall incorporate an appropriate buffer between the commercial and residential areas. The development plan shall also incorporate vehicular and pedestrian connections between the commercial and residential part of the planned community.
F.
Recreation and open space.
(1)
Each planned community shall provide recreation and open space areas.
(2)
Included. Recreation and open spaces may include, but are not limited to, the following:
(a)
Active recreational areas for activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields, examples of which include, but are not limited to, swimming, tennis and other court games, baseball, track and other field sports, and playground activities;
(b)
Passive open space and recreation areas:
[1]
For activities that involve relatively inactive or less energetic activities than active recreation, including, but not limited to, jogging, walking, sitting, picnicking, board and table games.
[2]
Open landscaped areas for informal and unstructured recreation and relaxation.
[3]
Wooded or forested areas.
[4]
Watercourses including streams, wetlands, and ponds.
[5]
Decorative plantings, sidewalks, and walkways.
[6]
Public plazas and fountains.
(3)
Not included. None of the following shall be included in recreation and open space areas:
(a)
Open areas, yards, lawns, swimming pools, or other features associated with privately owned, residential lots or with areas in condominium ownership.
(b)
Parking lots, streets and roads, or other vehicular surfaces.
(c)
Open areas so located, so small, or so circumscribed by buildings, parking, or drainage facilities as to be unusable.
(4)
Integration with buildings and structures. Recreation and open space shall be designed as a contiguous area if possible, and shall be interspersed especially with residential areas so as to provide pedestrian access, visual amenities, and sufficient land for active recreation.
(5)
Availability and access.
(a)
Recreation and open space areas shall be available for use by the residents of the planned community and their guests, but may include a limited proportion of that space so located and treated as to enhance the amenity of the development by providing landscaping features or screening for the benefit of the planned community's residents or those in neighboring areas, or a general appearance of openness.
(b)
Recreation and open space areas may be made available to nonresidents as warranted by the nature of the particular community. Examples include, but are not limited to, swimming pools, golf courses, jogging trails, or tennis courts.
§ 140-52 Application submission; Technical Advisory Committee review.
A.
Application submission.
(1)
Filing. Applications for reclassification to a planned community district shall be submitted to the Administrative Official. The Administrative Official may provide forms to facilitate application processing and review.
(2)
Fee. The Town Council shall establish a fee schedule in an amount significant enough to cover all administrative costs.
B.
Technical Advisory Committee (TAC).
(1)
Purpose. The purpose of the TAC is to:
(a)
Review concept plans.
(b)
Provide guidance to an applicant applying for reclassification to a planned community district prior to introduction of an ordinance to Town Council, PLUS (preliminary land use service) review, and, for an application submitted concurrently with an annexation petition, plan of services review.
(c)
Provide review and recommendation to Town Council and the Planning and Zoning Commission.
(3)
TAC review.
(a)
As soon as practicable following receipt of a complete application, payment of required fees, and prior to the application's introduction to the Town Council, the Administrative Official shall convene a meeting of the TAC.
(c)
The TAC shall provide written guidance, comments, and recommendations for the applicant to consider in preparation for introduction to the Town Council, PLUS review, and plan of services approval.
(4)
Post-TAC review. Following TAC review, the applicant shall be responsible for securing PLUS review and approval of the plan of services.
§ 140-53 Town Council review and approval.
A.
Introduction.
(1)
Pursuant to § 2.309 of the Ocean View Town Charter, any petition for reclassification to a planned community district shall be introduced at a regular or special meeting of the Town Council in the form of an ordinance.
(2)
Information needed for Town Council to introduce petition.
(b)
Completed PLUS review. No ordinance petitioning reclassification to a planned community district shall be introduced unless written comments on the concept plan have been received pursuant to the preliminary land use service (PLUS) authorized in Title 29, Chapter 92, of the Delaware Code and/or the provisions of a memorandum of understanding between the Town and the Office of State Planning Coordination.
(c)
Approved plan of services with annexation applications. An approved plan of services pursuant to Title 22, Section 101(3), of the Delaware Code (in addition to the PLUS review) shall be required when an ordinance petitioning reclassification to a planned community district accompanies an annexation petition.
B.
Planning and Zoning Commission recommendation.
(1)
Upon Town Council introduction and acceptance, the ordinance petitioning reclassification shall be referred to the Planning and Zoning Commission for review and recommendation.
(2)
The Planning and Zoning Commission shall review each ordinance petitioning reclassification, at a regular or special meeting, and forward a recommendation to the Town Council in a timely manner.
(3)
Planning and Zoning Commission recommendation required.
C.
Readings and public hearings.
(1)
Pursuant to § 2.309 of the Ocean View Town Charter, any ordinance petitioning reclassification to a planned community district shall be read at two consecutive regular meetings of the Town Council. Each reading also shall be a public hearing on the proposed ordinance.
(2)
The Town Council shall set the public hearing dates following receipt of the Planning and Zoning Commission's review and recommendation on the ordinance petitioning reclassification.
D.
Public notice provisions.
(1)
Newspaper notice. The Town shall advertise both public hearings/readings in a newspaper of general circulation. Such notice shall appear at least 15 calendar days prior to the date of the first public hearing/reading and shall contain the following information:
(a)
Type of application.
(b)
Short description of the proposed action.
(c)
Description of the parcel and the approximate street location or address.
(d)
Locations, dates, and times of the public hearings/readings.
(e)
Information on where full details of the application may be obtained, including hours of availability and phone number.
(2)
Notice to owner/applicant. The Town shall notify by regular mail the owner and/or applicant of the time and place of the hearing.
(3)
Mailed notice. The Town shall send by regular mail a copy of the legal notice to the last known address of all property owners within a two-hundred-foot radius of the property measured at each property line no fewer than 15 calendar days prior to the public hearing.
(4)
Property posted notice. The Town shall erect a public hearing posted notice sign on all subject properties at least 10 days in advance of the first public hearing/reading.
(5)
Town Hall posted notice. Notice shall be posted at Town Hall and shall contain the same information as required for the newspaper advertisement no fewer than 15 calendar days prior to the first public hearing/reading.
(6)
Internet posted notice. Notice shall be posted on the Town's website and shall contain the same information as required for the newspaper advertisement no fewer than 15 calendar days prior to the first public hearing/reading.
E.
Conduct of public hearing.
(1)
The first public hearing/reading shall take place no fewer than 15 days following publication of the newspaper notice.
(2)
General.
(a)
The Planning and Zoning Commission's recommendation shall be presented at the first public hearing/reading and made a part of the hearing record.
(b)
All interested parties and citizens shall be given an opportunity to be heard, but presentation times may be limited as directed by the Town Council.
(3)
Review criteria. In reaching a decision on the application, the Town Council shall consider at least the following:
(a)
Consistency with the Comprehensive Plan;
(b)
Compliance with the regulations in this chapter as well as other applicable laws, and regulations;
(c)
Recommendations of the Planning and Zoning Commission; and
(d)
Recommendations from the Office of State Planning Coordination contained in the PLUS comments and the plan of services approval.
F.
Adoption procedure. Reclassification of a property to any planned community district shall be made by ordinance.
(1)
Conditions permitted. The Town Council may attach conditions to the approval.
(2)
Construction schedule. Approval of an application for reclassification to any planned community district may include a schedule of construction. If a schedule is adopted, building permits shall be issued only in accordance with the adopted schedule. The schedule of construction may also require the number, sizes, and types of dwellings, commercial square footage, or amenities that must be completed at various stages of project build out.
G.
Incorporation of additional land area. Any application for an extension or an amendment of any planned community zone to incorporate additional land area into a previously approved plan shall be considered as a new and separate application.
H.
Relationship to ordinances, standards, approvals, and review procedures. Approval of a planned community district application does not supersede or obviate the need for complying with any other applicable ordinances, standards, approvals, or review procedures.
I.
Duration, revocation, extension: shall be specified in the ordinance reclassifying a property to any planned community district.
J.
Limitation on reapplications. The Town Council shall not hear or accept an application requesting the same relief or permission for the same property for a period of 12 months from the date that the Town Council took action on the application.
Figure 3. Planned Community Rezoning Process  Development Plan Review Per Article XVI |