Orange City Zoning Code
TITLE SEVEN
Special Districts
CHAPTER 1168 Planning and Zoning Commission Powers (Repealed)
(EDITOR'S NOTE: Former Chapter 1168 was repealed by Ordinance 2006-20, passed May 10, 2006.)
1170.01 INTENT AND PURPOSE.
(a) It is intended that certain parcels of land be designated as S-1 Special Residential Districts to permit their development with a combination of residential housing types in a coordinated fashion within a planned development concept, which is sensitive to the environment and promotes visual quality.
(b) The purpose of the S-1 Special Residential District is to designate, regulate and restrict the location, design and use of buildings, structures and interior streets; to promote high standards of external appearance of buildings and grounds; to stabilize and improve property values with the least burden on Village services and facilities and the highest return to the Village from tax revenues consistent with maintaining and improving the residential character of the Village, to promote health, safety, comfort, convenience and the general welfare; and thus to provide the economic and social advantages resulting from an orderly, planned use of land.
(Ord. 2001-8. Passed 3-14-01.)
1170.02 PERMITTED USES.
The following uses are permitted in an S-1 District:
(a) Detached Single-family dwellings
(b) Attached Single-family dwellings
(c) Public parks and playgrounds
(d) Municipal facilities
(e) Recreational uses of land, open spaces and facilities owned by duly constituted home owner’s associations/condominium associations
(f) Other similar, compatible, and harmonious uses as determined by the Planning and Zoning Commission.
(Ord. 2001-8. Passed 3-14-01.)
1170.03 PERMITTED ACCESSORY USES.
The following accessory buildings and uses are permitted in an S-1 District:
(a) Private accessory storage and maintenance structures needed for the operation and maintenance of the building and site;
(b) Landscape features, including gardens, fountains, sidewalks, walls, decorative fences and lawns;
(c) Air conditioning and ventilation equipment and necessary utility equipment as permitted under this chapter;
(d) Customary Home Occupations. Customary home occupations may be permitted in this District including home professional offices, home crafts,; services such as repairing furniture and radios, and sharpening tools; office space for businesses or services such as real estate, selling or taking orders for merchandise, and contracting work, provided the following conditions are complied with:
(1) No person, other than members of the family residing within the dwelling and one additional person, shall engage or work in such occupation.
(2) No window display or sign shall be used to advertise such home occupation.
(3) No merchandise shall be sold except that which is produced or processed on the premises.
(4) No equipment or process shall be used which creates any dust, noise, odor, glare, vibration or electrical interference detectable to the normal senses off the lot. No electrical interference shall cause fluctuations in line voltage off the premises.
(5) The home occupation shall be conducted only within the dwelling itself.
(6) The residential character of the dwelling exterior shall not be changed.
(7) No occupations shall attract a greater number of vehicles to the premises than can be parked in the driveway at any one time.
(Ord. 2001-8. Passed 3-14-01.)
(e) Accessory Buildings:
(1) Private noncommercial swimming pools, recreation areas and facilities (included related storage and maintenance structures) intended to be used solely by the occupants and their guests. The number, location, size, and architectural compatibility of all accessory buildings shall be as approved as part of the preliminary and final development plan.
(2) If the development includes individual building lots of one-half acre or more, one accessory building shall be permitted on each such lot in accordance with the following criteria:
A. Maximum building size shall not exceed two hundred (200) square feet;
B. Building shall be located a minimum of five (5) feet from any interior side or rear property line, and
C. Building shall be located a minimum of fifty (50) feet from any perimeter property line of the S-1 development, street right-of-way or back of curb on a private street.
(Ord. 2006-20. Passed 5-10-06.)
(f ) Swimming Pools: Swimming pools may be located in this District as an accessory use to a dwelling. The pool and accessory buildings, structures or other equipment shall not be located in a front or side yard and shall be not less than twenty-five (25) feet from any lot line and one hundred (100) feet from the boundary line of any residential district or use. Every swimming pool shall be enclosed by a fence at least forty-eight (48) inches in height and constructed so as to prevent uncontrolled access. At all times when a swimming pool is not in use, the gates in such fence shall be secured
(g) Off-street parking as provided in Chapter 1162;
(h) Signs as provided in Chapter 1161.
(Ord. 2001-8. Passed 3-14-01.)
(i) Solar Energy Systems are a conditionally permitted accessory use, provided that the standards and conditions set forth in Section 1148.02(i) are met.
(Ord. 2013-15. Passed 2-5-14.)
1170.04 AREA REGULATIONS.
Land and building shall be designed, improved and maintained in accordance with the following schedules:
(a) Site Area. The minimum area of a property to be zoned into an S-1 zoning district shall be twenty-five (25) contiguous acres. A parcel of land that is less than twenty-five (25) acres which can be designed and fully integrated into an existing contiguous S-1 development will satisfy the provisions of this requirement.
(b) Distance Between Buildings. There shall be a minimum distance between buildings of at least (20) feet, unless otherwise approved by the Planning and Zoning Commission as part of the final development plan.
(c) Density. The maximum density of a development in an S-1 Zoning District shall not exceed four (4) dwelling units per gross acre. The density, however, shall not be greater than:
(1) One and one-half (1.5) dwelling units per acre on a parcel that is ten (10) acres or less; and
(2) Two (2) dwelling units per acre on a parcel that is more than ten (10) acres but less than twenty-five (25) acres; provided that a density of greater than two (2) units per acre, but not more than four (4) units per acre, may be considered when the Planning and Zoning Commission expressly determines that such additional units will result in a development that:
A. Is consistent with the quality and character of the surrounding S-1 developments; and
B. Will not adversely impact surrounding properties.
(d) Dwelling Units Per Building. There shall be a maximum of four (4) dwelling units per building.
(e) Floor Area. Each dwelling unit in this district shall have a minimum of two bedrooms and a minimum livable floor area of not less than the following:
Unit Type | Minimum Living Floor Area (square feet) |
Two bedrooms | 2,000 |
Three bedrooms | 2,250 |
For each additional bedroom | 200 |
(Ord. 2006-20. Passed 5-10-06; Ord. 2024-7. Passed 5-8-24.)
1170.05 HEIGHT REGULATIONS.
(a) The height of any residential or main building shall not exceed thirty-five (35) feet.
(b) The height of any accessory building or other structure, except fences and landscape features as provided in subsection (c) hereof, shall not exceed fifteen (15) feet, unless otherwise approved by the Planning and Zoning Commission.
(c) The regulations offences and landscape features contained in Section 1148.11 shall control the height of fences and landscape features, to the extent such regulations are applicable to the proposed S-1 use; provided, however, that the Planning and Zoning Commission may, in its discretion, permit deviations from such regulations where such deviations are a part of the approved plan, enhance the quality of the development and do not adversely impact the health, safety and welfare of the Village.
(Ord. 2007-3. Passed 4-11-07.)
(Ord. 2007-3. Passed 4-11-07.)
1170.06 SETBACKS.
(a) All buildings shall be set back at least fifty (50) feet from any street right-of-way that is not part of the development.
(b) All buildings shall be set back at least twenty-five (25) feet from a public right-of- way or back of curb on a private street which is within the development.
(c) Except as otherwise provided herein, all buildings shall be set back at least twenty five (25) feet from any boundary line of an S-1 development where the adjacent property is classified as S-1 or S-1A and shall be set back at least fifty (50) feet from any adjacent property which is not in an S-1 or S-1A zoning category.
(d) Accessory buildings, accessory structures, and recreational facilities, such as tennis courts, parking lots, and swimming pools shall not be located within one hundred (100) feet of any boundary line of a residential district or use, except as specifically approved by the Planning and Zoning Commission.
(e) Buildings shall be setback from internal lot lines within a development as directed and authorized by the Planning and Zoning Commission and as shown on the development plan.
(Ord. 2001-8. Passed 3-14-01.)
1170.07 PARKING, DRIVEWAYS, AND STREETS.
(a) Parking areas and driveways shall be properly related to the streets and residential buildings so as to promote safety and convenience and to minimize congestion or hazards.
(b) Each development shall provide attached garage space for a minimum of two (2) and a maximum of four (4) vehicles for every dwelling unit.
(c) Each development shall contain a minimum of two (2) unenclosed visitor off-street parking spaces, for each dwelling unit.
(d) All parking spaces shall be at least nine (9) feet by twenty (20) feet and shall comply with all of the specifications applicable thereto in this Zoning Code and in the Building Code.
(e) Access driveways from public streets shall be planned and constructed at locations designed to avoid traffic congestion and hazard, and shall be approved by the Planning and Zoning Commission.
(f) All streets in this District shall be constructed in accordance with the standards established by the Village Engineer. Private streets not to be dedicated shall not provide any through traffic between public streets.
(Ord. 2001-8. Passed 3-14-01.)
1170.08 LANDSCAPING AND OPEN SPACE.
In order to ensure the park-like character of the use and to provide environmental amenities to the occupants of the development, land area not covered by buildings, parking areas, drives, plazas or other hard-surfaced uses shall be preserved as open space and maintained in grass or other landscape material, in accordance with the final development plan approved by the Planning and Zoning Commission and the Architectural Board of Review.
(a) Minimum Area. Open space shall not be less than thirty percent (30%) of the gross area of the development and may include required setbacks, patios, private gardens, private yards, garage roofs at ground level that are covered with earth and grass, and landscaping or other decorative features.
(b) Required Private Open Space for Residential Uses. Every dwelling unit shall have a separate private yard, patio, court, or balcony containing at least 400 square feet, in accordance with the final development plan approved by the Planning and Zoning Commission and the Architectural Board of Review.
(c) All areas not used for drives, parking, walks or buildings shall be landscaped in accordance with landscaping plans approved by the Building Commissioner who may engage the services of a landscape architect in reviewing the proposed plan.
(Ord. 2020-16. Passed 11-4-20.)
1170.09 LIGHTING PLAN.
A lighting plan shall be submitted to the Planning and Zoning Commission for its approval. Such plan shall be designed to promote the safety of vehicles and pedestrians and the protection of persons and property.
(a) Private Street and Property Lighting. Lighting units on private streets and property shall not exceed twenty (20) feet in height and shall be located and shielded so as to minimize glare and diffusion beyond the boundary of the property.
(b) Public Street Lighting. Public street lighting shall be subject to the approval of the Planning and Zoning Commission and the Village Engineer.
(Ord. 2001-8. Passed 3-14-01.)
1170.10 ARCHITECTURAL REQUIREMENTS.
The Planning and Zoning Commission shall require substantially uniform architectural treatment within an S-1 development in order to achieve a harmonious blend of improvements.
(Ord. 2006-20. Passed 5-10-06.)
1170.11 DEVELOPMENT PLANS.
Prior to development of any S-1 project, development plans shall be submitted and approved as provided in Chapter 1143.
(Ord. 2001-8. Passed 3-14-01.)
1172.01 PREAMBLE.
The Village contains large parcels of land which have not been developed to their full potential. The development of these parcels for single family use exclusively is deemed impracticable, while their classification for ordinary local retail store, office or commercial use would not be in keeping with the best interests of the Village. These parcels may be placed in a zoning category which will permit thereon combinations of development such as attached single-family units, extended care facilities, senior citizen dwelling units, retail establishments conducted wholly within enclosed buildings, commercial buildings and offices, including professional, governmental, public utility, executive and administrative offices, set back from streets in landscaped surroundings. The basic standards for this use classification are in Sections 1172.04 through 1172.09. "Commission" means the Planning and Zoning Commission.
(Ord. 1985-35. Passed 8-14-85. )
1172.02 INTENT AND PURPOSE.
The purpose of the S-1A Special Residential, Retail, Office District is to designate, regulate and restrict the location, design and use of buildings, structures and interior streets; to promote high standards of external appearance of buildings and grounds; to stabilize and improve property values with the least burden on Village services and facilities and the highest return to the Village from tax revenues consistent with maintaining and improving the residential character of the Village; to promote health, safety, comfort, convenience and the general welfare; and thus to provide the economic and social advantages resulting from an orderly, planned use of these large parcels of land.
(Ord. 1985-35. Passed 8-14-85.)
1172.03 REQUIRED AREA.
The required area shall be a parcel of land with an area of not less than twenty acres. The entire parcel need not be developed at any one time.
(Ord. 1985-35. Passed 8-14-85.)
1172.04 PERMITTED USES AND APPLICABLE STANDARDS.
(a) Residential. Similar compatible and harmonious main uses which do not impair or interfere with permitted uses in this District which are permitted in the U-2 and U-3 Districts are permitted in the S-1A Special Residential, Retail, Office District, subject to the same terms, provisions, conditions and limitations imposed in relation to such uses and associated accessory uses to the foregoing uses. Provisions in such foregoing uses relating to density, whether expressed by such terms as lot areas, units per acre, lots per acre, or otherwise, shall be interpreted to permit but not require the Planning and Zoning Commission to allow not more than twenty percent (20%) increase in density for residential uses, for purposes of this District. Provisions relating to unit size, or other dimensional provisions relating to yards, parking areas, etc. contained in such foregoing uses shall be unaffected by this provision.
(b) Retail, Commercial, Office. Similar compatible and harmonious main and conditional uses which do not impair or interfere with permitted uses in this District which are permitted in the U-4 and U-6 Districts are permitted in the S-1A Special Residential, Retail, Office District, subject to the same terms, provisions, conditions and limitations imposed in relation to such uses and associated accessory uses to the foregoing uses. Provisions in such foregoing uses relating to density, whether expressed by such terms as lot coverage per building, ground coverage per building, or otherwise, shall be interpreted to permit but not require the Commission to allow not more than a ten percent (10%) increase in density for nonresidential uses, for purposes of this District. Provisions relating to square footage per building, or other dimensional provisions relating to yards, height, parking area, etc. contained in such foregoing uses shall be unaffected by this provision.
In any portion of a parcel which is devoted to retail, commercial or office use, conformity with the following standards shall be required:
(1) Parking. Not less than two square feet of off-street parking space for each square foot of rentable building area shall be provided in the planned development. Rentable building area shall not include washrooms, mechanical equipment rooms, storerooms, corridors, service rooms, etc.
(2) Setback. Each building shall be located at least forty feet from any street within the boundaries of the parcel. A street shall not include service areas, parking areas, driveways or loading or unloading areas.
(3) Interior Retail Stores. All retail sales stores and similar uses contained in office buildings shall be confined wholly within such buildings and shall have no exterior entrance for customers. An office building shall not display any sign on its exterior advertising the existence of any interior retail store or similar use.
(Ord. 1985-35. Passed 8-14-85.)
1172.05 ROADS AND STREETS.
Access and interior service roads and streets shall be properly related to the public street and highway system in order to promote safety and minimize traffic congestion and limit curb-cut entrances to through highways a minimum of 400 feet. Dedication of interior roads for public streets, as the Planning and Zoning Commission may deem essential, shall be a condition of approval of the plan.
(Ord. 1985-35. Passed 8-14-85.)
1172.06 YARDS.
(a) Each building shall be located not less than 100 feet from U-1 property fronting on a through highway. In addition, each building shall be located not less than a total of 400 feet from the most northerly boundary line of the entire tract of land (as defined in the legal description), as these lines existed when such tract was transferred to the S-1A Special District. When such 100-foot strip of land is located along a street, there shall be reserved along that street a portion of such strip of a depth not exceeding forty feet sufficient in the judgment of the Planning and Zoning Commission for widening of that street, which strip of land shall constitute all or part of the forty-foot strip referred to in Section 1172.08.
(b) Portions of a parcel within 100 feet of property, abutting the easterly or westerly boundary line, or within 400 feet of property abutting the most northerly boundary line as required in this section, in the U-1 District shall remain vacant and be so mounded and landscaped that U-2, U-3, U-4 and U-6 development in the S-1A zoning district shall be not visible year-round from the rear building line of land zoned U-1 outside of the development.
(Ord. 1985-35. Passed 8-14-85.)
1172.07 STANDARDS OF QUALITY.
Buildings and structures shall be of sizes, heights, locations and designs which will best accomplish the development of a parcel, or any portion thereof, and shall be such as are appropriate for a development in landscaped surroundings, consistent with the spirit and intent of this zoning district.
(Ord. 1985-35. Passed 8-14-85. )
1172.08 LANDSCAPE PLANTING.
(a) In order to assure the park-like character of the development, all land area not covered by buildings, parking areas, driveways, sidewalks and other hard-surfaced uses shall be developed and maintained in grass or other suitable landscape planting as required by the Planning and Zoning Commission. Landscape planting at least forty feet in depth shall be provided and maintained along each through highway existing at the time the tract was transferred to the S-lA Special District. The area so required to be landscaped shall be in aggregate no less than twenty percent (20%) of the parcel. In computing the twenty percent (20%) there shall be included as a part thereof that portion of the area specified in Section 1172.06, which remains vacant and planted and which does not constitute reserved parking area in the site plan approved by the Commission.
(b) The owners of landscaped property shall be required to maintain it in a suitable manner and the plan of development shall set forth to the satisfaction of the Commission provisions to assure such maintenance.
(c) All areas not used for drives, parking, walks or buildings shall be landscaped in accordance with landscaping plans approved by the Building Commissioner who may engage the services of a landscape architect in reviewing the proposed plan.
(Ord. 2020-16. Passed 11-4-20.)
1172.09 LIGHTING.
All lighting of exterior and interior building areas, parking areas, grounds and signs shall be so designed that the light shall not cause unreasonable glare. (Ord. 1985-35. Passed 8-14-85.)
1172.10 CONFLICTING LANGUAGE.
Any language contained herein that conflicts or is inconsistent with the provisions of other Village zoning ordinances shall be controlling with respect to such other provisions. Such language shall be construed to give primary effect to the spirit and goals of this zoning district.
(Ord. 1985-35. Passed 8-14-85.)
1173.01 PURPOSES AND INTENT.
(a) The Planned Mixed-Use Development (PM-UD) District is established to encourage the comprehensive design and integrated development of large tracts of land suitable for a variety of mutually supportive office, commercial and transient residential uses.
(b) The general purposes of this District are served by the following basic principles:
(1) Comprehensive planning of large tracts promotes more ordered urban growth, providing opportunities for the integration of various development projects in clearly identifiable growth centers throughout the region.
(2) With comprehensive planning, different uses can be successfully integrated to provide functional convenience, efficiencies in the provision of public services and infrastructure and more consistent levels of activity in an area throughout the day, at night and on weekends.
(3) With comprehensive planning and integrated design, higher densities of development can be accommodated while maintaining environmental quality. The general benefits of density include greater productivity of land; more efficient utilization of transportation and utilities systems; more convenient access between developments; the provision of a higher level of pedestrian and open space amenities; and the concentration within a limited area of people necessary to support retail, convenience service and entertainment functions.
(4) Comprehensive planning and design of large tracts provides for the more detailed definition and administration of architectural and landscape design controls, producing a visually harmonious and pleasing development environment.
(c) These various advantages of comprehensively planned and designed mixed-use developments cannot be achieved by application of existing standards for individual use types. The PM-UD District, therefore, is a special zoning classification, providing for a variety of development types under special development standards that are only appropriate to the uses in planned combination.
(Ord. 1989-23. Passed 8-9-89.)
1173.02 PERMITTED MAIN USES.
(a) Intent. The intent of the PM-UD District is not to limit the variety of potential uses in the development, but to insure that only uses of a compatible and mutually supportive nature are included, at sufficient density, and with sufficient architectural landscape design conformity to achieve the overall benefits of mixed-use development.
(b) Permitted Main Uses. The following main uses are permitted in a PM-UD District:
(1) Office buildings and offices including business, financial, professional, governmental, public utility, executive and administrative.
(Ord. 1989-23. Passed 8-9-89.)
(2) Hotels and motels subject, however, to the restrictions contained in Section 1173.04(a). Notwithstanding any other provision of this Zoning Code, hotels and motels in the PM-UD District shall be permitted to have microwave ovens in the guest rooms of the hotel or motel.
(Ord. 2017-3. Passed 2-8-17.)
(3) Full service restaurants.
(4) Banks and other financial services.
(5) Park land use which shall be the designated use within the PM-UD District until such time as a request is made and approved for another permitted main use.
(6) Other uses similar to those enumerated above as determined by the Planning and Zoning Commission and confirmed by Council.
(Ord. 1989-23. Passed 8-9-89.)
(c) Full Service Restaurant. As used in this Chapter, “Full Service Restaurant” means a place where food and beverages are sold and consumed on-premises within a completely enclosed building; provided, however, that limited outdoor seating and carry-out service may be permitted. A Full Service Restaurant shall have a host and/or hostess to seat customers, provide table service to customers with food orders taken and food delivered to tables by waiters and/or waitresses, and shall offer alcoholic beverages for consumption on premises.
(Ord. 2001-14. Passed 11-14-01.)
1173.03 ANCILLARY RETAIL AND PERSONAL SERVICE USES.
(a) The following ancillary uses may be permitted within the main building of a permitted use:
(1) Beauty and barber shops.
(2) The sale of baked goods, confectionery, dairy products, fruits and beverages.
(3) The sale of books, magazines, newspapers, tobacco products, drugs, flowers, gifts, music, photographic and video equipment, sporting goods and stationery.
(4) The retail sale of wearing apparel of all kinds.
(5) Reproduction services and graphic arts.
(6) Tailoring and dry cleaning establishments.
(7) Car rental agencies.
(8) Travel agencies.
(9) Restaurant/lounge.
(10) Health care.
(11) Day care.
(12) Conference center.
(13) Other ancillary uses similar to those enumerated above as determined by the Planning and Zoning Commission and confirmed by Council.
(b) All such ancillary uses shall be clearly subordinate to and provide service for the permitted main use or uses in the building in which such ancillary use is located. The area to be devoted to such use(s) must be approved by the Planning and Zoning Commission.
(Ord. 1989-23. Passed 8-9-89.)
1173.04 AREA REGULATIONS.
The following area regulations shall apply to each development site in a PM-UD District:
(a) Site Area. A minimum of one hundred twenty-five (125) acres in the Village is required for each Planned, Mixed-Use Development District. This area may, however, be separated by interstate freeways, local highways or existing public right-of-way or utilities easements, but shall otherwise be comprised of contiguous acreage. No more than twenty-five percent (25%) of the developable area in the Village may be devoted to motel and/or hotel usages. "Developable area", as used in this subsection, shall be deemed to include all required setback areas including but not limited to parking and building setbacks. To provide greater flexibility to the development and implementation process, the overall Planned Mixed-Use Development District may be subdivided subsequent to overall plan approval. Individual parcels thus created, however, shall remain subject to the development requirements and design standards established in the overall plan for the development district.
(b) Site Coverage. Total impervious coverage throughout the development site is limited to a maximum of eighty percent (80%) of the overall site area in the Village. Impervious coverage includes building footprints, all paved vehicular surfaces such as access drives, parking, service and loading area, and paved pedestrian facilities including pathways and plazas.
(c) Open Space. A minimum of twenty percent (20%) of the development site area in the Village shall be maintained as permeable surface open space, including areas of preservation of the existing natural landscape and new planting areas. Landscaped portions of off-street parking areas shall qualify as part of the open space requirements.
(Ord. 1989-23. Passed 8-9-89.)
1173.05 HEIGHT REGULATIONS.
Considering the varying building types in a mixed-use development, different height regulations are proposed for each of the primary uses.
(a) Office Buildings. No office building in a Planned Mixed-Use Development shall be more than one hundred twenty (120) feet.
(b) Hotel Development. The maximum height of buildings containing hotel functions shall be no more than one hundred twenty (120) feet. This height limit is to be maintained, regardless of the mixture of supporting or independent functions, such as meeting rooms, restaurants or rentable office space, included in the same structure.
(Ord. 1989-23. Passed 8-9-89.)
1173.06 YARD REGULATIONS.
Considering a Planned Mixed-Use Development is initially planned as a total entity, without necessarily specifying subdivision into individual development parcels, these yard regulations apply only to the entire development site. If the site is subdivided subsequent to overall planned approval, boundary setbacks and design requirements must be maintained in all affected parcels, but internal parcels created by subdivision are not subject to these yard regulations.
(a) Street Setbacks. The location of buildings and off-street parking areas within a PM-UD District shall be in accordance with the following schedule:
Harvard Road and Other | |
Dedicated Streets | |
Front Building Setback | From Right-of-Way Line |
(Building height 60 feet or less) | 75 feet |
(Building height greater than 60 feet) | 100 feet or building height x 1.1, whichever is greater. |
Front Parking Setback | 20 feet |
Side Building Setback | |
(Building height 60 feet or less) | 50 feet |
(Building height greater than 60 feet) | Equal to height of building |
Side/Rear Parking and/or Roadway Setback | 10 feet except where adjoining residential property in which case parking and/or roadway shall be set back a minimum of 35 feet. |
(b) Side and Rear Yard Setbacks. All side and rear yards of a Planned Mixed-Use Development site are to be adequately buffered from adjacent development, with setback requirements varying according to the nature of such development:
(1) Yards adjoining residential property shall be the greater of 100 feet; or
A. Equal to the height of the building times 1.1 if north of Harvard Road;
B. Equal to the height of the building times 2 if south of Harvard Road.
(2) For yards adjoining commercial and institutional property, the minimum building setback is 50 feet; and
(3) For yards adjacent to an interstate highway rights of way, the minimum building setback is 50 feet; however, the wall of a parking garage may be set back a minimum of ten feet from such right of way.
(Ord. 1989-23. Passed 8-9-89.)
1173.07 CIRCULATION AND ACCESS TO STREETS.
Successful planning of an integrated Mixed-Use Development will depend, to a large extent, on the definition of an efficient vehicular circulation system. The basic elements of such a system are:
(a) Direct access to the regional transportation network;
(b) Appropriate connection to existing streets through and around the site that maintains the designed capacity of these streets; and
(c) A clear pattern of internal circulation that provides adequate access to all functions within the development and appropriately distributes site generated traffic to the existing street system of the area.
(Ord. 1989-23. Passed 8-9-89.)
1173.08 OFF-STREET PARKING AND LOADING.
Off-street parking in a PM-UD District shall be in accordance with the following schedule:
Building Use | Required Parking Spaces |
Office buildings and offices including business, financial, professional, governmental, public utility, executive and administrative | 3.5 spaces for each 1,000 square feet of gross floor area, excluding atrium, basement or penthouse areas used for storage, maintenance or mechanical facilities. |
Warehouse, showroom, research facility, or similar “flex” type development | 1.25 spaces for each 1,000 square feet of gross floor area. |
Retail, restaurant, hotel and commercial entertainment uses | 5 spaces for each 1,000 square feet of gross leasable area for defined retail “centers” within the development. |
4 spaces for each 1,000 square feet of gross leasable area for retail development over 10,000 gross square feet combined with other main uses in a single structure. | |
Retail of less than 10,000 gross square feet combined with other main uses requires no additional space. | |
Hotel, 1 space for each guest room or 0.75 spaces for each guest room when combined with or immediately adjacent to other main uses. |
(Ord. 1989-23. Passed 8-9-89.)
1173.09 DESIGN AND PERFORMANCE STANDARDS.
Detailed architectural and landscape design guidelines shall be prepared for each Planned Mixed-Use Development which shall respond specifically to the environmental character of the area, the form of existing development surrounding the site, and the particular nature of the development proposed. These guidelines shall be based on the following general requirements and standards:
(a) Architectural Character. A Planned Mixed-Use Development is to achieve a high level of architectural design, with strong visual relationships between buildings throughout the development. Architectural guidelines shall describe the proposed formal design principles for each building type and specify appropriate proportions materials, finishes, colors, window type, decorative features, and other relevant stylistic elements.
(b) Landscape and Open Space. Outdoor spaces throughout a Planned Mixed-Use Development are to be organized in an integrated system of focused activity places and interconnecting pedestrian pathways that serve to encourage pedestrian movement between buildings and to strengthen visual and functional connections between different areas of the development. Landscape design guidelines shall describe the proposed general character of elements of critical dimensions, and shall specify appropriate varieties of plant materials, paving types, lighting, signage, and other open space furnishings.
(c) Streets and Access Drives. New streets proposed within the planned development site and connections to existing streets shall be designed to accepted engineering standards for the projected traffic volumes and intended design speeds.
(d) Parking Facilities. Parking spaces in surface lots shall be designed to the following standards:
(1) At least seventy percent (70%) of the required spaces are to be a minimum size of 9 feet by 18 feet. The remaining spaces may be designated for compact cars only and shall measure 7.5 feet by 18 feet.
(2) At least five percent (5%) of the total area designed for 50 or more cars shall be reserved for planting islands. Landscaped islands shall be at least five feet in width.
(3) In addition to the internal landscaping requirement, parking areas are to be screened to a height of 30 inches from adjacent street rights of way.
(4) Parking areas are to be visually screened to a minimum height of five (5) feet above pavement where adjoining a residential district. A combination of earth berms and landscape plantings can be used.
(Ord. 1989-23. Passed 8-9-89.)
1173.10 PLANNING AND ZONING COMMISSION ADMINISTRATION.
In order to administer and carry into execution the provisions of Chapter 1173, the Planning and Zoning Commission shall have full power and authority to do or perform any and all acts provided for herein and necessary or incident to the successful administration and execution of the Zoning Code. Such powers so granted are subject to the powers reserved to Council by Charter or ordinance. "Commission" means the Planning and Zoning Commission.
(Ord. 1989-23. Passed 8-9-89.)
(Ord. 1989-23. Passed 8-9-89.)
1173.11 PRELIMINARY LAND USE PLAN.
The owner of any parcel of land which has been placed in a Planned Mixed-Use Development District (PM-UD) may submit to the Planning and Zoning Commission a preliminary land use plan for use of all of that parcel of land. If the parcel is part of contiguous undeveloped land belonging to the same owner, the preliminary plan shall include all such undeveloped land. Proof of ownership shall be filed with the plan. The preliminary plan shall show evidence of unified ownership or control of the area applied for and evidence of financial capability of such owner to carry out the general type of development contemplated for the area. The preliminary plan shall set forth the proposed streets and areas to be devoted to specific land uses. The Commission shall act in approving or disapproving any such preliminary land use plan not later than forty-five (45) days after its receipt by the Commission, unless the Commission extends the time for a reasonable period for good cause. Following action by the Commission, the land use plan shall be submitted to the Village Council for its review and approval by motion.
(Ord. 1989-23. Passed 8-9-89.)
1173.12 PROPOSAL FOR DETAILED DEVELOPMENT PLAN.
(a) The owner of any parcel of land for which a preliminary land use plan has been approved pursuant to Section 1173.11 may submit a proposal for a detailed development plan of the land.
(b) Such proposal shall be accompanied by and supported by development drawings, including site plans showing proposed roads, and streets, portions of the parcel to be devoted to specific land uses, locations of buildings, off-street parking areas, loading and unloading areas, architectural sketches and plans for landscape improvements. The developer shall submit a sewer and water plan expected to form the basis for approval by governmental and regulatory entities. The developer shall also submit data showing the average and maximum volume of traffic expected
to be generated by the development, together with a plan for handling such traffic. When the plan provides for only a partial development of a parcel, sufficient tentative planning for the remainder of the parcel shall be submitted to permit evaluation of the probable development of the entire parcel. The Village Engineer and the Law Director shall advise the Planning and Zoning Commission regarding engineering and legal requirements to comply with all applicable engineering standards and municipal laws.
(Ord. 1989-23. Passed 8-9-89.)
1173.13 APPROVAL BY COMMISSION.
(a) Before giving its approval to a final proposal for a detailed development plan, the Planning and Zoning Commission may request such changes in the proposal as it deems necessary to make such planned development in keeping with the spirit and intent of this zoning district and within the limitations of the preliminary land use plan that has theretofore been approved by the Commission. The Commission may also add requirements necessary to comply with the spirit and intent of this Zoning Code. (Ord. 1989-23. Passed 8-9-89.)
(b) If the Commission finds that such proposed detailed development plan is in accordance with the preliminary land use plan theretofore approved, and is in keeping with the spirit and intent of this zoning district and meets all the conditions which the Commission in its discretion may have imposed, the Commission may approve or disapprove the detailed development plan. The Commission shall act in approving or disapproving any such detailed development plan proposal not later than forty-five (45) days after its receipt by the Commission, unless the Commission extends the time for a reasonable period for good cause.
(Ord. 2017-29. Passed 9-13-17.)
1173.14 ARCHITECTURAL REQUIREMENTS.
The Planning and Zoning Commission shall require substantially uniform architectural treatment within the development in order to achieve a harmonious and consistent blend of improvements.
(Ord. 1989-23. Passed 8-8-89.)
1174.01 INTENT.
The intent of the Orange Place South Planned Development District (OPS-PDD) is to foster a unified development that permits specific uses and includes related development standards that:
(a) Encourage skillful planning by allowing flexibility in the type and placement of buildings while promoting coordinated architectural design within a unified development area.
(b) Encourage a mixture of complementary land uses that includes housing, retail, offices, and commercial services, and to promote community and create economic vitality.
(c) Utilize topographic and landscape features in addition to careful locations and orientations of uses and buildings to enhance the development and to protect adjacent residential neighborhoods.
(d) Provide flexibility in the siting and design of the development and subsequent redevelopment to anticipate changes in the marketplace.
(e) Establish design criteria for the new developments that are aesthetically pleasing and foster pedestrian movement among the facilities in the development and to and from the adjacent areas.
(f) Promote a high level of landscaping to:
(1) Buffer and protect adjacent uses;
(2) Maximize the existing and intended community characteristics along existing roads, which are distributed throughout the district; and
(3) Foster high quality and sustainable design principles and a sense of openness to the maximum extent practicable.
(g) Control vehicular circulation and access to existing roads to minimize congestion and increase safety, to the extent practicable.
(Ord. 2023-16. Passed 12-6-23.)
1174.02 ESTABLISHMENT OF ORANGE PLACE SOUTH PLANNED DEVELOPMENT DISTRICT (OPS-PDD) AND SUBDISTRICTS.
The Orange Place South Planned Development District (OPS-PDD) and the provisions of this Chapter are established with three (3) Sub-Districts to meet the Village's objective of creating a high-quality business and senior housing development and to reflect the different uses and development standards that apply to each of the Sub-Districts.
(a) The Orange Place South Planned Development District (OPS-PDD) will hereafter be referred to as the OPS-PDD.
(b) The boundaries of the Orange Place South Planned Development District (OPS-PDD) and its Subdistricts shall be indicated on the official Orange Village Zoning Map with the symbol OPS-PDD and each of the Sub-Districts as designated below:
(1) SD-1 Commercial Subdistrict
(2) SD-2 Senior Living Subdistrict
(3) SD-3 Senior Single/Attached Residential Subdistrict
(c) The conceptual development plan approved for the OPS-PDD District is "Exhibit A-1" appended to this Chapter.
(Ord. 2023-16. Passed 12-6-23.)
1174.03 DEVELOPMENT PLAN APPROVAL PROCESS: PRELIMINARY AND FINAL DEVELOPMENT PLANS.
Use or development of property in the OPS-PDD Zoning District shall comply with all
requirements of the Orange Village Zoning Code and Village Charter and shall be subject to an
approved Preliminary Development Plan, to an approved Final Development Plan, and to all other
applicable provisions of this Chapter 1174:
(a) Preliminary Development Plan (PDP).
(1) PDP Required. Prior to use or development of property in the OPS-PDD Zoning District, the property owner shall submit a Preliminary Development Plan (hereinafter referred to as "PDP") for approval by the Village Planning and Zoning Commission. The PDP shall be consistent with the conceptual development plan shown in Section 1174.02(b), with such changes as may be approved by the Village Planning and Zoning Commission.
(2) PDP Contents. The application for approval of the PDP shall include:
B. An illustrative site plan depicting the proposed locations of buildings, parking, and roadways.
C. Preliminary building elevations demonstrating the intended character of the development.
D. A construction phasing plan which demonstrates that each phase when completed may be viewed as an independent and functional project with respect to such factors as internal circulation, parking, open space, pedestrian circulation, buffering, and relationships with abutting infrastructure.
E. Any supplemental development documentation, criteria and/or restrictions required by the Planning and Zoning Commission. This may include, but not be limited to: traffic studies demonstrating that ingress and egress to and from the site and on-site circulation are adequate to meet the needs of the development and will not be unreasonably detrimental to the surrounding road system or the Village; a preliminary storm water impact evaluation; and a development agreement between the Village and the applicant covering such matters as the Village shall require.
(4) Effect of Approved PDP.
A. Approval of a PDP shall not authorize the owner to undertake any construction or to establish any use but shall authorize the owner to apply for approval of a Final Development Plan (hereinafter referred to as an "FDP").
B. The approved PDP and any approved development agreements, covenants and restrictions submitted by an applicant shall continue to govern the development and/or redevelopment of property in the OPS-PDD by any successor or assignee of the applicant.
(5) PDP Amendments -Administrative Amendments: The Village Planning and Zoning Commission, at the request of the applicant, shall consider and may approve administrative amendment(s) to the PDP pursuant to Chapter 1143 (Development plan review) when the revision(s):
A. Are consistent with the development standards set forth in this Chapter for each Subdistrict;
B. Do not alter the boundaries of a Subdistrict in a manner that increases or decreases the area of the Sub-District by more than thirty percent (30%);
C. Requests to use the property in a Subdistrict for a similar use that is not expressly permitted under this Chapter or any development agreement pertaining to the OPS-PDD;
D. Requests permission to exceed the building requirements set forth in Schedule 1174.06(a) (Building Requirements).
(5.1) A proposed administrative amendment that is submitted pursuant to subsections (a)(5)A., B., C., and D. above, or that seeks to develop the property other than as set forth in the PDP, as it may be amended, shall be approved by the Planning and Zoning Commission if it determines that such amendment is compatible with the character of the development and the intent and purposes of the OPS-PDD. In evaluating the amendment, the Planning and Zoning Commission shall consider the following factors:
A. The extent to which the request deviates from the provisions of this Chapter or the provisions of any applicable development agreement pertaining to the OPS-PDD;
B. The level of occupancy and the mix of uses in the development at the time of the request;
C. If a traffic study has been requested by the Planning Commission, does the traffic study show that the traffic impacts can be mitigated with the same traffic control measures as have already been approved for the development or can be ameliorated with other traffic control measures that the Developer is willing and able to implement at the Developer's expense;
D. Whether the requested amendment is consistent with the demographic target of the uses in the development at the time of such request and other uses proposed for the development; and
E. Other regional or local trends that may have a bearing on the quality or economics of the development.
With respect to a request pursuant to subsections (a)(5)D and E above, and at the request of the Planning and Zoning Commission, the applicant shall select at least one person acceptable to the Planning and Zoning Commission with expertise relating to real estate leasing or development to assist the Planning and Zoning Commission in determining whether such amendment is compatible with the character of the development. Assistance shall be provided at the developer's expense.
(6) PDP Amendments - Legislative Amendments: Village Council, pursuant to Chapter 1144, will consider a legislative amendment to the PDP, with a recommendation from the Planning and Zoning Commission, but not requiring a referendum vote, when the revisions:
A. Include a use or uses not specifically listed as a permitted main use in Section 1174.05 and the Planning and Zoning Commission has determined the proposed use is not a similar use pursuant to the PDP - Administrative Amendments procedures set forth above, and Village Council, with the Planning and Zoning Commission's recommendation, determines that the proposed use(s) is/are nonetheless consistent with the purposes, intent, and quality characteristics of this Chapter and related covenants, restrictions, and agreements; or
B. Alter the boundaries of any Sub-District beyond the limitations specified in the PDP - Administrative Amendments procedures set forth above.
(b) Final Development Plan: No use shall be established or building constructed or altered except pursuant to the approval of an FDP as provided in Chapter 1143 and this Chapter 1174. An FDP shall be in substantial compliance with the approved PDP, as it may be amended, and may be submitted and approved for the entire project area or for portions or phases thereof.
In addition to the contents of the approved PDP, an FDP shall also include:
(2) Documentation and/or illustrations demonstrating compliance with all applicable requirements of this Chapter including but not limited to the following subsections:
(9) In SD-1 and SD-2 only, Site lighting including the height and location of poles and fixtures, lighting sources and power ratings, the amount of illumination and a photometric study indicating the light levels at all site locations including the perimeter property lines. Such information shall be provided with sufficient detail so that the Village is assured that the light trespass and glare onto residential properties will be minimized through the use of downlighting, fixture shielding and other strategies and the site lighting will have no adverse impact on surrounding properties.
(10) Final drainage and detention plan including all water quality and Best Management Practice (BMP) devices, appurtenances, systems, detention/retention basins, permeable pavements, pavement design designations and other engineering calculations as required to determine the adequacy of storm water management for the project and necessary for the protection of adjacent properties from storm water impacts from the development.
(11) Architectural plans for all proposed buildings demonstrating compliance with the applicable provisions
(12) Site development plans demonstrating compliance with the applicable provisions.
(Ord. 2023-16. Passed 12-6-23.)
1174.04 DEFINITIONS.
For the purposes of this Chapter certain words and phrases shall have the following meanings:
(a) Drive Thru Facility.
(1) Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. A drive thru facility is an accessory use to a main use and typically includes a driveway or vehicle lane in which customer vehicles queue or stack while waiting for service and customer vehicles are not required to be parked in a parking space to receive service or delivery of goods.
(2) The term “drive-thru" shall also include the terms "drive-up” and "drive-in" but shall not include the term "in-car service" or "pickup window".
(3) “In-car service” means an accessory use providing the delivery of service or goods to persons in a vehicle parked in an approved, designated parking space for that purpose.
(4) “Pickup window" means a window, located in the wall of a restaurant, used only to deliver carry out food orders to customers who have placed the food orders off-site and in advance by a phone call, app or on-line. A pickup window shall only be accessory to a restaurant permitted as a principal use. A pickup window shall not be used as a drive-thru facility in which customers queue in their vehicles to place orders on site.
(b) Driveway. Any vehicle access other than a public street or private street as defined in this Chapter.
(c) Dwellings.
(1) Flat. A dwelling unit that is all on one floor and in a multistory building with a minimum of six (6) dwelling units
(2) Townhome. A dwelling unit that is structurally attached to another, side by side, and erected as one building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings and extending from the basement floor to the roof and with each unit having separate ground floor entrances directly to the unit from the outside and attached garages.
(3) Villa. A dwelling unit that may or may not be structurally attached to another, with each unit having separate ground floor entrances directly to the unit from the outside and attached garages.
(4) Senior Independent Living. A community that qualifies for the “fifty-five (55) or Older" Exemption to the Fair Housing Act by satisfying each of the following requirements: (i) At least eighty percent (80%) of the units have at least one occupant who is fifty-five (55) years of age or older; and (ii) the community publishes and adheres to policies and procedures that demonstrate the intent to operate as fifty-five (55) or Older housing; and (iii) the community complies with HUD's regulatory requirements for age verification of residents.
(5) Senior Single Family Detached/Attached Dwellings: Dwellings occupied by households in which at least one (1) person is aged fifty-five (55) or older. Dwellings may be single freestanding dwelling units or attached in groups of two, three, or four units as approved in a development plan. Maximum unit height thirty-five (35) feet. Maximum two (2) stories. Individual ground floor entrances and attached garages are required.
(d) Entertainment Use. An establishment that is open to the general public wherein the activity is to primarily provide entertainment to adult customers or minors accompanied by adults including (without limitation) live performance space, bowling alleys, bocci courts, pickleball, golf simulator machines, and high-end bars specializing in craft beers and/or craft cocktails.
(e) Private Street. A major circulation route to and from the OPS-PDD and traversing through the development that is required for perpetual access as determined by the Planning and Zoning Commission and explicitly designated on the PDP.
(f) Retail Uses.
(1) Convenience Retail. Convenience stores (which are commonly referred to in the retail industry as those stores or services meeting the regular daily or weekly needs of the consumer in the immediate surrounding market area) include but are not limited to: drug stores, pharmacies, barber shops and dry-cleaning drop-off (but not a dry-cleaning plant). For the purposes of this Chapter, restaurants, coffee shops, and similar food service businesses and beauty salons are not considered "convenience stores."
(2) Designer Store. A retail establishment that sells designer products directly to the public, regardless of whether it uses the word "outlet" in its name.
(3) General Merchandise Discount Store. A retail establishment that offers a variety of product lines that are stocked in considerable depth and at discount prices.
(4) Fashion Department Store. A retail establishment greater than 25,000 square feet in floor area specializing primarily in the sale of a wide range of fashion-related products (including but not limited to clothing, jewelry, shoes, cosmetics, and related accessories), without a single predominant merchandise line, and with more than two customer checkout areas scattered throughout the store.
(5) Outlet Store. A retail establishment that primarily sells "odd lot,” “close out," "clearance," "discontinued,'" "cancellation," "factory reject," "ample,” "overstock," or "surplus" merchandise.
(6) Retail Store. An establishment that offers goods or services for sale to the public including, without limitation, a fashion department store, designer store, and convenience store.
(g) Restaurants.
(1) Restaurant: Counter Service. A restaurant whose principal business is the selling and serving of food, beverages and/or desserts and the facility is designed and arranged with the intention of the customer ordering and picking-up the food and/or drink in a ready-to-consume state at a service counter with the consumption of the food occurring either within or off the premise.
(2) Drive Up Fast Food Restaurant. A restaurant meeting each of the following characteristics: (i) uses trademarks, logo, service mark or other mutually identifying name or symbol that is shared by fifteen (15) or more restaurants; (ii) serves a prescribed menu that is substantially the same as fifteen (15) or more restaurants that shares its trademarks, logo, service marks or other mutually identifying name or symbol; and (iii) has a drive up facility.
(3) Fast Casual. A style of restaurant that combines elements of quick-service and casual dining. In fast casual dining establishments, customers typically order at a counter and are provided with higher quality food than traditional fast-food restaurants, often with fewer processed ingredients and more customizable options. The ambiance is more upscale than fast-food venues. with an emphasis on a comfortable dining environment, but it doesn't offer full table service like casual dining restaurants. This format allows diners to enjoy a more premium meal in a shorter amount of time and often at a moderate price point. Popular fast casual concepts might include eateries focused on salads, gourmet burgers, artisanal pizzas, and ethnic cuisines.
(4) Restaurant: Table Service. A restaurant whose principal business is the selling and serving of food, beverages and/or desserts in a ready-to-consume state where customers are served at tables with the consumption of the food, predominantly within the building and customers are seated.
(5) Outdoor dining. The portion of a restaurant where food and drink that has been prepared inside the establishment is consumed at tables and chairs outside the principal building in an area adjacent to the principal building
(h) Similar use. A use approved as provided in PDP Amendments -Administrative Amendments.
(i) Prohibited Uses: The following uses are prohibited in the OPS-PDD:
(1) General merchandise discount stores.
(2) Membership-only stores (including discount clubs).
(3) Hardware or home-improvement stores primarily stocking lumber, building materials, and building supplies.
(4) Stores primarily selling used merchandise, second-hand merchandise, samples, and floor models, demonstration merchandise, fire-sale merchandise, store-closing merchandise, and damaged merchandise.
(5) Stores primarily selling on consignment except that such stores primarily selling art and/or jewelry on consignment are not prohibited. Pawn shops are prohibited.
(6) Nightclubs, discotheques, and banquet halls unless part of a permitted hotel.
(7) Bars unless incidental to a restaurant or hotel, except that high end bars specializing in craft beers (which may include a micro-brewery), wine, and/or craft cocktails shall be permitted.
(8) Entertainment uses that primarily offer amusement galleries, massage parlors, sporting events, sports or game facilities, internet cafes, off-track betting clubs; provided, however, that the offering of therapeutic massages shall not be construed as an entertainment use or prohibited hereunder.
(9) Automotive services and uses, such as automobile and truck dealerships (including sales, rental, and leasing), automobile service stations, carwashes, gas stations and automotive body shops.
(10) Outdoor storage of any kind.
(11) Outdoor commercial recreation such as, but not limited to: go-carts, miniature golf, and batting cages, except that pickleball, bocce ball and other similar recreational uses are permitted as accessory uses in SD-2 and SD-3.
(12) Animal Kennels, except approved as incidental to a veterinary hospital.
(13) Funeral homes and the sale of cemetery memorials.
(14) Nursing homes.
(15) Uses by governmental or not-for-profit entities, except for those uses determined by Orange Village to be necessary for Orange Village purposes.
(16) General grocery stores, except that high end specialty grocery stores may be approved by the Planning and Zoning Commission in accordance with Section 1174.03 above.
(17) Outlet stores.
(18) Regulated Uses as defined by Section 735.02(e) of the Orange Village Code of Ordinances concerning Adult Entertainment Establishments.
(19) Uses generally prohibited in the Village.
(20) Outdoor display of goods sold on the premises.
(21) Restaurant with a drive-thru facility.
(22) Hotels and motels.
(Ord. 2023-16. Passed 12-6-23.)
1174.05 USE REGULATIONS.
(a) A use listed in Schedule 1174.05 shall be permitted by right when listed as a Permitted Principal Use if all requirements of other Village ordinances and this Zoning Code have been met, except as otherwise prohibited:
SCHEDULE 1174.05 - OPS-PDD USES BY SUBDISTRICT | |
SDl - Commercial Subdistrict | |
Permitted Principal Uses: Retail Banks and other financial services Offices, including but not limited to medical Restaurants - Table Service - Counter Service - Fast Casual Entertainment Community Park/ Activity Area Open Space Conservation, Buffering Personal services providers including but not limited to health and beauty Veterinarian hospital , subject to conditions determined by the Planning Commission to be necessary to control external impacts such as noise, odors, waste control; prohibition of general boarding; and control of exterior animal spaces Fitness studio not exceeding 10,000 square feet. Similar uses approved as provided for PDP Amendments - Administrative Amendments | |
SD2 - Senior Living Subdistrict | |
Permitted Principal Uses: Senior Living Flats in multistory building(s) | |
SD3 - Senior Single Family Residential Subdistrict | |
Permitted Principal Uses: Senior Single Family Detached/Attached Dwellings as Townhomes or Villas | |
Accessory Uses and Structures Permitted on Subdistricts | |||
SD-1 Permitted Accessory Uses and Structures: Outdoor Dining accessory to a permitted restaurant Parking Garages Drive-thru facility accessory to a bank or other financial service In-car service Pickup window accessory to a permitted restaurant | SD-2 Permitted Accessory Uses and Structures: Outdoor Dining and other activity areas accessory to a permitted residential building Parking Garages | SD-3 Permitted Accessory Uses and Structures: Facilities and outdoor activity areas accessory to dwellings in a homeowners or residential condominium association including decks or patios attached to dwelling units One (1) storage structure for association maintenance equipment and materials. | Permitted Accessory Uses and Structures in All Subdistricts: Off-street parking Signs Trash enclosures Fences Electric vehicle charging station |
(Ord. 2023-16. Passed 12-6-23.)
1174.06 SPECIFIC DEVELOPMENT STANDARDS.
(a) Schedule 1174.06(a) sets forth the requirements for building and tenant sizes, building coverage, open space, and maximum building height.
SCHEDULE 1174.06(a) BUILDING REQUIREMENTS | |||
SD1 Commercial | SD2 Senior Living | SD3 Senior Single Family Residential | |
Maximum building footprint | NA | NA | NA |
Maximum Tenant Footprint (SF) | 50,000 | NA | NA |
Maximum Building Height above grade | 45 ft | 65 ft | 35 ft |
Maximum building lot coverage (measured as the total for the entire SD2 or SD3 subdistrict) | NA | 35% | 35% |
Maximum Density units/acre | NA | 18 | 5.0 |
SCHEDULE 1174.06(b) BUILDING AND PARKING SETBACKS | |||
SD1 Commercial | SD2 Senior Living | SD3 Senior Single Family Residential | |
Minimum Building Setback from right of way line: | |||
Harvard Road | 50 ft | NA | NA |
Orange Place or extension thereof | 30 ft | 30 ft | 40 ft |
Rear yard lines of lots fronting on Jackson Drive* | NA | NA | 50 ft |
PMUD District* | NA | 40 ft | 20 ft or other distance approved in the Final Development Plan |
* All District property lines except as provided above for rear yards of Jackson Drive lots and PMUD | 35 ft | 35 ft | 20 ft or other distance approved in the Final Development Plan |
Other public or private street | 20 ft | 20 ft | 20 ft |
Side yard setback | Minimum 20 ft. ½ building height if over 40 ft tall | 20 ft minimum building separation | |
Minimum Surface Parking Setback from: | |||
Harvard Road right-of-way | 25 ft | NA | NA |
Orange Place: from west side lot line abutting right-of-way | 10 ft | 10 ft | 15 ft |
Other public or private street | 10 ft | 10 ft | NA |
(c) Specific Development Standards for Dwellings.
(1) SD2 Senior Living Subdistrict.
A. Dwelling units shall only be constructed as flats in multistory buildings.
B. The minimum floor areas of the dwelling units shall be:
Studio units: 500 square feet
One (1) bedroom units: 675 square feet
Two (2) bedroom units: 1,050 square feet
Three (3) bedroom units: 1,250 square feet
(2) SD3 Senior Single Family Residential Subdistrict.
A. Dwelling units shall only be constructed as single-family dwellings which may be detached or attached in groups of not more than four (4) units per group. Attached units shall be ground floor units.
B. The minimum floor areas of the dwelling units shall be:
Two (2) bedroom, 1,460 square feet
Three (3) bedroom, 1,800 square feet
(3) Dwelling units shall be governed by a declaration of covenants and restrictions, condominium documents, or other similar documents, which shall be subject to review and reasonable approval by the Village.
(Ord. 2023-16. Passed 12-6-23.)
1174.07 PARKING FACILITIES.
Parking and driveways shall be permitted as accessory uses in accordance with the standards and regulations of Chapter 1162 Off-Street Parking and Loading except as modified herein.
(a) The parking provided to satisfy the requirements for commercial/non-residential uses in this OPS-PDD may be in surface parking lots or in enclosed garages or structured parking decks. Any structured parking proposed above the grade of the site shall be considered a building and set back from property lines as set forth in Schedule 1174.06(b).
(b) The required parking for residential uses shall be reasonably distributed throughout the development to provide the maximum convenience to each dwelling unit. Enclosed parking shall either be attached to the dwelling or have direct indoor/enclosed access from the parking garage to the dwelling unit.
(c) In the SD2 subdistrict, a minimum of one (1) enclosed space and one-quarter (0.25) enclosed or uncovered guest spaces shall be provided per dwelling unit.
(d) In the SD3 subdistrict, a minimum of one (1) enclosed space and one-quarter (0.25) enclosed or uncovered guest spaces shall be provided per dwelling unit.
(e) The minimum required parking for retail uses shall be three and one half (3.5) spaces per one thousand (1,000) square feet of gross floor area and for office uses three (3) spaces per one thousand (1,000) square feet of gross floor area.
(f) The total parking provided for the commercial development in Sub-District SD-1 shall not exceed five and four-tenths (5.4) spaces per 1,000 square feet of gross floor area and shall not be less than three (3.0) spaces.
(g) Drive aisles providing direct access to parking spaces shall be a minimum of twenty-two (22) feet in width.
(h) Notwithstanding the requirements set forth in this Section, the Planning and Zoning Commission may approve a lesser amount of parking than required taking into consideration: the hours of operation of uses; the overlap in parking demand by different adjacent uses; and the operating characteristics of the specific uses proposed. The land areas resulting from such parking reductions shall be improved as landscaped green space areas, as approved in the Final Development Plan, until such time as they may be needed as surface parking as determined by the Planning and Zoning Commission.
(i) The design of the parking areas and related circulation, landscaping, open space, and pedestrian areas shall be as approved on the Preliminary Development Plan, as it may be amended. (Ord. 2023-16. Passed 12-6-23.)
1174.08 SIGNS.
Signs shall be permitted in compliance with the provisions of Chapter 1161.
(Ord. 2023-16. Passed 12-6-23.)
1174.09 LAND PLANNING/SITE DEVELOPMENT PRINCIPLES AND CRITERIA.
The following planning guidelines are established to guide the planning, development and use of the land in a OPS-PDD.
(a) Landscaping prototypes for buffering, parking islands, pedestrian areas and site amenities for all Sub-Districts shall be depicted on the Preliminary Development Plan.
(b) Parking lots shall be screened from adjacent residential uses and public streets with dense evergreen hedges or trees and/or earthen mounds or other effective screening as approved by the Planning and Zoning Commission.
(c) Lighting of drives, sidewalks and parking areas shall be adequate to provide safety, but the location, number, height, and level of illumination shall be approved by the Planning and Zoning Commission as part of the FDP. Lighting shall be designed to not have excessive brightness, to not have light trespass on adjacent property and to not create "hot spots" of light.
(d) The development shall be designed to utilize the natural contours of the land, economize in the construction of utilities, and reduce the amount of grading to the extent practicable.
(e) Utility services including gas, water, sewers, electric, cable and telephone, shall be installed underground in compliance with relevant Village ordinances and all other applicable regulations and requirements.
(f) Pedestrian facilities shall be constructed throughout the development providing access to common facilities, abutting roads and commercial areas, and Village paths and bikeways.
(g) Retention/detention, when proposed as open basins or ponds, shall be designed to be an integral part of an amenity to the development. The borders of retention basins shall have natural or curvilinear shapes and shall be planted with grass and trees to blend in with the landscape features of the development. Where deep basins are constructed, protection shall be provided to prevent pedestrians or vehicles from dangers arising from the design of these facilities, and such protection may include, but is not limited to, fences, guard rails or other warning devices as deemed necessary.
(h) In SD 3, the open space shall be guaranteed from further subdivision and/or use through deed restrictions or covenants. All such open space shall be maintained by the homeowner association or other entity as approved by the Village.
(i) Private streets shall be constructed to Village construction standards for public streets unless an alternate standard is approved by the Planning and Zoning Commission in connection with the approval of an FDP. All private streets in Sub-Districts SD-3 shall be within an easement granted to the Village which assures perpetual public access. All private streets shall be accessible for the provision of municipal services. The land areas of the designated private streets shall be maintained by the owners thereof.
(j) Trash storage containers and compactors shall be enclosed with a masonry wall at such minimum height, but not less than six (6) feet, as necessary to fully screen the top of any trash storage device on three sides with a closable door/gate on the fourth side. Trash enclosures shall be screened with landscaping and located as depicted on an FDP.
(k) Where required by the Planning Commission, sound barriers shall be installed for all HVAC, outdoor refrigeration systems, trash compactors and other similar or related improvements located in Sub-Districts SD-1.
(l) Green space and landscape area shall be provided within Districts SD1, SD2, and SD3 as a minimum of twenty percent (20%) of the overall developed area of the combined districts. This area may include, but not be limited to landscaped areas, plantings, natural areas, walks, plazas site features, seating areas, and other features as directed and approved by the Planning Commission.
(Ord. 2023-16. Passed 12-6-23.)
1174.10 COMMERCIAL BUILDING DESIGN STANDARDS AND GUIDELINES.
(a) The building designs within each District will include a variety of building arrangements including, but not limited to, the bulk and shape of the buildings, open space and landscape features and architectural styles, with buildings arranged in various groups, courts or clusters with open spaces related to the buildings to create a harmonious and coordinated architectural design for the entire development area.
(b) Exteriors of buildings shall have finished materials on all sides except those that face nonpublic or service areas that are thoroughly screened. Exterior Finished materials shall not include exposed concrete, cinder block, or acrylic stucco (commonly known as "dryvit" or "EIFS") except when it is used as an accent in association with recessed or protruding belt courses, wide reveals, or combinations thereof.
(c) A combination of materials, textures, colors and finishes are to be used to create visual interest.
(d) While flexibility in design is encouraged, the following design standards shall be
incorporated in each FDP.
(1) When the wall of a building faces a public right-of-way, or public parking area, or is within forty five (45) degrees of facing a public right-of-way, such walls shall have no more than twenty (20) feet of contiguous wall length, on any ground floor, unless the wall includes architectural features such as windows, piers, columns, defined bays or an undulation of the building, so that a pedestrian scale, rhythm, and visual interest is created. In satisfying this requirement windows may be transparent or opaque representations.
(2) Walls that meet the following criteria shall be exempt from the requirements of subsection (b)(1) above:
A. Two walls that face one another, are separated by not more than thirty (30) feet, and the space between the two walls is used for servicing the buildings, or
B. The wall faces an area devoted solely to loading and delivery and the wall is screened from view from all public rights-of-ways, parking areas, and abutting residential areas as approved in the Preliminary Development Plan, as it may be amended.
(e) Tenant spaces within commercial buildings shall be fully finished consistent with refined retail design.
(f) Building and design shall demonstrate a high quality of design throughout.
(1) The use of building elements providing an articulate architectural vocabulary using materials, details and forms to provide a scale and relationship for a varied and refined pedestrian experience.
(2) The use of building materials such as stone, brick, cultured stone, split face concrete masonry (no painted or integrally colored concrete masonry except in non-public or service areas that are thoroughly screened), metals, glass, wood, fiber cement siding, spandrel material;
(3) The limited use of acrylic stucco (exterior insulation finish system), only for trim, moldings or shapes, shall not comprise more than twenty percent (20%) of any single wall elevation: and
(4) The use of multiple layers of materials, steps in the facades (both vertical and horizontal) and levels to break down the apparent size and scale of building segments.
(Ord. 2023-16. Passed 12-6-23.)
1174.11 RESIDENTIAL BUILDING DESIGN STANDARDS AND GUIDELINES.
(a) The building designs within SD-2 and SD-3 will include a variety of building arrangements including, but not limited to, the bulk and shape of the buildings, open space and landscape features and architectural styles, yet the buildings shall be arranged in various groups,
courts or clusters with open spaces related to the buildings to create a harmonious and coordinated architectural design for the entire development area.
(b) Buildings shall have finished materials on all sides except those that face non-public or service areas that are thoroughly screened. Finished materials shall not include exposed concrete, cinder block, or acrylic stucco (commonly known as "dryvit" or "EIFS") except when it is used as an accent in association with recessed or protruding belt courses, wide reveals, or combinations thereof.
(c) A combination of materials, textures, colors and finishes are to be used to create visual interest.
(d) Interior spaces shall include a variety of floor arrangements, decor, and distinctive design details to reflect the design and material quality of the exterior, and the overall high quality
mandated throughout the Development. To this end, the preponderance of finishes and fixtures such as appliances, hardware, windows, doors, cabinets, etc. shall be of the highest reasonably feasible quality and be comparable to recently constructed for-sale homes in the marketplace. Conversely, finishes, fixtures, appliances, hardware, windows, doors, cabinets that are of quality generally referred to as "builders' grade," and commonly associated with large scale and modest price residential developments, shall not be prevalent in any residential unit.
(Ord. 2023-16. Passed 12-6-23.)
1174.12 CONFLICT.
Where there is a conflict between the provisions of this Chapter and other provisions in the Zoning Code, the provisions of this Chapter shall govern.
(Ord. 2023-16. 12-6-23.)
1175.01 INTENT.
The intent of the Pinecrest Planned Development District (PPDD) is to foster a unified development that permits specific uses and includes related development standards that:
(a) Encourage skillful planning by allowing flexibility in the type and placement of buildings while promoting coordinated architectural design within a unified development area.
(b) Encourage a mixture of complementary land uses that includes housing, retail, offices, commercial services, and civic and government uses, to create economic vitality.
(c) Utilize topographic and landscape features to enhance the development and to protect adjacent residential neighborhoods.
(d) Provide flexibility in the siting and design of the development and subsequent redevelopment to anticipate changes in the marketplace.
(e) Establish design criteria for the new developments that are aesthetically pleasing and foster pedestrian movement among the facilities in the development and to and from the adjacent areas.
(f) Promote a high level of landscaping to:
(1) Buffer and protect adjacent uses;
(2) Maximize the existing and intended community characteristics along existing roads, and which are distributed throughout the district; and
(3) Foster green design and a sense of openness to the maximum extent practicable.
(g) Control vehicular circulation and access to existing roads to minimize congestion and increase safety, to the extent practicable.
(Ord. 2013-11. Passed 7-31-13.)
1175.02 ESTABLISHMENT OF PINECREST PLANNED DEVELOPMENT DISTRICT (PPDD).
The Pinecrest Planned Development District (PPDD) and the provisions of this Chapter are established with six (6) Sub-Districts to meet the Village's objective of creating a mixed-use business and residential development and to reflect the different uses and development standards that apply to each of the Sub-Districts. The boundaries of the Mixed-Use District and its Sub-Districts shall be indicated on the official Orange Village Zoning Map with the symbol PPDD and each of the Sub-Districts as designated:
(a) PD-1 Retail/Office
(b) PD-2 limited Retail/Office
(c) PD-3 Mixed-Use/Hotel
(d) PD-4 Mixed-Use
(e) PD-5 Residential
(f) PD-6 Open Space/Conservation
The Pinecrest Planned Development District (PPDD) will be hereafter referred to as the PPDD. The boundaries of the Sub-Districts are depicted in Exhibit 1 with an example of a preliminary site plan.
Exhibit 1
 |
1175.03 ZONING APPLICATION AND DEVELOPMENT PLAN APPROVAL PROCESS.
The rezoning of any property to a PPDD shall comply with all requirements of the Orange Village Zoning Code and Village Charter except as modified herein:
(a) Ownership/land Control: The applicant for approval of a PPDD Zoning District shall be the property owner, or have: ownership interest, a written option to purchase the property, or written permission from the owner in a form satisfactory to the Village for all of the property in the area to be rezoned. Following the rezoning of the PPDD, a subsequent owner of a portion of the property may submit a development plan when such proposal is in full compliance with all of the regulations and conditions set forth in this Chapter and related documents. If the applicant does not control all of the land within the logical boundaries for the proposed PPDD, Village Council, with the recommendation of the Planning and Zoning Commission, may amend the application to include additional land pursuant to Section 1144.04.
(b) Preliminary Development Plan: The application for rezoning to the PPDD shall include the submission of a Preliminary Development Plan (PDP) which shall be reviewed according to the relevant procedures in Chapter 1143. The PDP shall be approved concurrently with the rezoning of the property to the PPDD and shall include:
(1) An illustrative site plan depicting the areas of buildings, parking, service drives, truck turning movements, pedestrian ways, landscaping, buffering and preliminary grading with particular emphasis on the relationship of the buildings to the perimeter property lines.
(2) Preliminary building elevations and perspectives illustrating the quality and character of the building design.
(3) Samples of building materials.
(4) For the PD-6 Sub-District, landscape specifications, including topography, walls and fences, and plant materials (specifying the type, number, size at planting, expected mature height and breadth and expected opacity at various heights from the ground).
(5) For Sub-Districts PD-1 through PD-5, prototypical landscaping- both plan view and cross-sections for buffers, pedestrian areas, green space, parking islands.
(6) Preliminary engineering drawings or a written statement from an engineer stating or illustrating that the site drainage plan envisioned for the development will be able to satisfy all applicable storm water management requirements.
(7) Building and site design criteria, text and illustrations, conforming with the illustrative site plan, as amended, that demonstrate the high quality of design through:
A. The use of building elements providing an articulate architectural vocabulary using materials, details and forms to provide a scale and relationship for a varied and refined pedestrian experience;
B. The use of building materials such as stone, brick, cultured stone, split-face concrete masonry (no painted or integrally colored concrete masonry except in non-public or service areas that are thoroughly screened), metals, glass, wood, fiber cement siding, spandrel material;
C. The limited use of acrylic stucco (exterior Insulation Finish System), only for trim, moldings or shapes, shall not comprise more than 20% of any single wall elevation; and
D. The use of multiple layers of materials, steps in the facades (both vertical and horizontal) and levels to break down the apparent size and scale of building segments.
(8) Sight line drawings as required pursuant to Section 1175.07(a).
(9) Sign standards and criteria.
(10) A construction Phasing Plan which demonstrates that each phase when completed may be viewed as an independent project with respect to such factors as internal circulation, parking, open space, pedestrian circulation, buffering .
(11) Any supplemental development documentation, criteria and/or restrictions required by the Planning and Zoning Commission. This shall include, but not be limited to, traffic studies sufficiently demonstrating that ingress and egress to and from the site and on-site circulation are adequate to meet the needs of the development and will not be unreasonably detrimental to the surrounding road system or the Village.
The approved Preliminary Development Plan and any development agreements, covenants and restrictions submitted by an applicant shall continue to govern the development and/or redevelopment of property in the PPDD District by any successor or assignee of the applicant.
(c) Plan Amendments: If changes are proposed to an approved PDP they will be considered pursuant to the following:
(1) Administrative Amendments: The Village Planning and Zoning Commission at the request of the applicant will consider an amendment(s) to the PDP pursuant to Chapter 1143 when the revision(s):
B. Do not alter the boundaries of Sub-Districts PD-1 through PD-5 in a manner that increases or decreases the area of any Sub-District by more than 30%; provided, however, that such alterations shall not decrease the area of Sub-District PD-2; or
C. Requests to use the property in Sub-Districts PD-1, PD-2, PD-3, or PD-4 for a similar use that is not expressly permitted under this Chapter or any development agreement pertaining to the PPDD; or
D. Requests permission to exceed the building requirements set forth in Schedule 1175.06(a).
A proposed amendment that is submitted pursuant to subsection (c)(l)A, B, C and D above, or that seeks to develop the property other than as set forth in the PDP, as it may be amended, will be approved by the Planning and Zoning Commission if it determines that such amendment is compatible with the character of the development and the intent and purposes of this District. In evaluating such amendment the Planning and Zoning Commission shall consider the following factors:
• The extent to which the request deviates from the provisions of this Chapter or the provisions of any applicable development agreement pertaining to the PPDD;
• The level of occupancy and the mix of uses in the development at the time of such request;
• Whether a traffic study shows that the traffic impacts can be mitigated with the same traffic control measures as have already been approved for the development or can be ameliorated with other traffic control measures that the Developer is willing and able to implement at its expense;
• Whether the requested amendment is consistent with the demographic target of the uses in the development at the time of such request and other uses proposed for the development; and
• Other regional or local trends "that may have a bearing on the quality or economics of the development.
With respect to a request pursuant to this Subsection (c)(l)C and D, and at the request of the Planning and Zoning Commission, the applicant shall select at least one person with expertise relating to real estate leasing or development to assist the Planning and Zoning Commission in determining whether such amendment is compatible with the character of the development.
(2) Legislative Amendments:
A. Village Council, pursuant to Chapter 1144, will consider an amendment to the PDP, with a recommendation from the Planning and Zoning Commission, but not requiring a referendum vote, when the revisions:
1. Include uses that are not specifically listed as a permitted main use in Section 1175.05 and the Planning and Zoning Commission has determined such proposed use is not a similar use pursuant to Subsection (c)(l)C above. Nevertheless, Village Council, with the Planning and Zoning Commission's recommendation, determines that the proposed use(s) is nonetheless consistent with the purposes, intent, and quality characteristics of this Chapter and related covenants, restrictions, and agreements; or
2. Alter the boundaries of any Sub-District beyond the limitations specified in subsection (c)(1) B, above.
B. Village Council, pursuant to Chapter 1144, will consider an amendment to the PDP, with a recommendation from the Planning and Zoning Commission, and subject to a referendum vote in the manner provided by Article Ill, Section 13, et seq., of the Orange Village Charter, when the revisions are proposed to alter the boundaries of or uses in PD-6.
Any approved amendment(s) shall be the binding development rights and restrictions for the PPDD and shall replace the previously approved PDP, as it may be amended.
(d) Final Development Plan: Subsequent to the rezoning, including the approval of the Preliminary PDP, no use shall be established or building constructed or altered except pursuant to the approval of a Final Development Plan as provided in Chapter 1143. A Final Development Plan shall be in substantial compliance with the approved PDP, as it may be amended, and may be submitted and approved for a phase or portion of the project area. Such Final Development Plan shall also include:
(1) Site lighting including the height and location of poles and fixtures, lighting sources and power ratings, the amount of illumination and a photometric study Indicating the light levels at all site locations including the perimeter property lines. Such information shall be provided with sufficient detail so that the Village is assured that the light trespass beyond the property lines will be zero and the site lighting will have no adverse impact on surrounding properties.
(2) Sound studies that document the current sound levels which provide the base line to measure and evaluate the expected change once the project is constructed, with the intention of minimizing sound impacts on adjacent and other nearby residential property. This sound study should be undertaken using state of the art engineering practices.
(3) Final drainage and detention plan including all water quality and Best Management Practice (BMP) devices, appurtenances, systems, detention/retention basins, permeable pavements, pavement design designations and other engineering calculations as required to determine the adequacy of storm water management for the project.
(Ord. 2013-11. Passed 7-31-13.)
1175.04 DEFINITIONS.
For the purposes of this Chapter certain words and phrases shall have the following meanings:
(b) Convenience Retail -Convenience stores (which are commonly referred to in the retail industry as those stores or services meeting the regular daily or weekly needs of the consumer in the immediate surrounding market area) include but are not limited to: drug stores, pharmacies, barber shops and dry cleaners. For the purposes of this Chapter, restaurants, coffee shops, and similar food service businesses and beauty salons are not considered "convenience stores."
(c) Designer Store - A retail establishment that sells designer products directly to the public, regardless of whether it uses the word "outlet" in its name.
(d) Drive-up/Drive Thru - Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-thru" shall also include "drive-up" and "drive-in".
(e) Driveway -Any vehicle access other than a public street or private street as defined in Section 1175.04 (n), below.
(f) Entertainment Use -An establishment that is open to the general public wherein the activity is to primarily provide entertainment to adult customers or minors accompanied by adults including (without limitation) movie theaters, live performance space, bowling alleys, bocci courts, and high-end bars specializing in craft beers and/or craft cocktails.
(g) Flat-A dwelling unit that is all on one floor and in a building with a minimum of four (4) dwelling units
(h) General Merchandise Discount Store-A retail establishment that offers a variety of product lines that are stocked in considerable depth and at discount prices.
(i) Fashion Department Store - A retail establishment greater than 25,000 square feet in floor area specializing primarily in the sale of a wide range of fashion-related products (including but not limited to clothing, jewelry, shoes, cosmetics, and related accessories), without a single predominant merchandise line, and with more than two customer checkout areas scattered throughout the store.
(j) Outdoor Dining - The portion of a restaurant where food and drink are prepared inside the establishment and consumed at tables and chairs outside the principal building in an area adjacent to the principal building.
(k) Outdoor Display - Goods sold on the premise, that are placed outdoors, are not in their bulk shipping package, are placed ready for the consumer to pick-up, and the display area is less than twenty (20%) percent of the floor area of the tenant space or 1,500 square feet, whichever is less.
(l) Outdoor Storage -The placement of goods, materials, merchandise or vehicles in an area outside of a building or structure and in the same place for more than 24 hours. The areas where the goods are placed are not available or open to the consumer and the goods are not placed or available for direct purchase by the consumer.
(m) Outlet Store - A retail establishment that primarily sells "odd lot," "close out," "clearance," "discontinued," "cancellation," "factory reject," "ample," "overstock," or "surplus" merchandise.
(n) Private Street - A major circulation route to and from the PPDD and traversing through the development that is required for perpetual access as determined by the Planning and Zoning Commission and explicitly designated on the PDP.
(o) Restaurant; Counter Service -A restaurant whose principal business is the selling and serving of food, beverages and/or desserts and the facility is designed and arranged with the intention of the customer ordering and picking-up the food and/or drink in a ready-to-consume state at a service counter with the consumption of the food occurring either within or off the premise. A counter-service restaurant may or may not also meet the definition of Fast Food Service Restaurant
(p) Restaurant; Fast Food Service -A restaurant whose principal business is the sale and serving of previously prepared and/or cooked food from a customer service counter which results in minimal time required between the time the order is placed by the customer and the food is delivered to the customer at the counter; the customer is equally as likely to carry the delivered food either off the premise for consumption or carry the food for consumption to available tables on the premise that do not have any table settings, and service from employees is not available.
(q) Restaurant; Table Service - A restaurant whose principal business is the selling and serving of food, beverages and/or desserts in a ready-to-consume state where customers are served at tables with the consumption of the food, predominantly within the building and customers are seated.
(r) Retail Store - An establishment that offers goods or services for sale to the public including, without limitation, a fashion department store, designer store, and convenience store.
(s) Townhome- A dwelling unit that is structurally attached to another, side by side, and erected as one building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings and extending from the basement floor to the roof and with each unit having separate ground floor entrances directly to the unit from the outside and attached garages.
(t) Villa - A dwelling unit that may or may not be structurally attached to another, with each unit having separate ground floor entrances directly to the unit from the outside and attached garages.
(Ord. 2013-11. Passed 7-31-13.)
1175.05 USE REGULATIONS.
(a) A use listed in Schedule 1175.05 shall be permitted by right when denoted by the letter "P" if all requirements of other Village ordinances and this Zoning Code have been met, except that:
(1) The following uses are prohibited:
A. General merchandise discount stores.
B. Membership-only stores (including discount clubs).
C. Hardware or home-improvement stores primarily stocking lumber, building materials, and building supplies.
D. Stores primarily selling used merchandise, second-hand merchandise, samples, and floor models, demonstration merchandise, fire-sale merchandise, store-closing merchandise, and damaged merchandise.
E. Stores primarily selling on consignment except that such stores primarily selling art and/or jewelry on consignment are not prohibited.
F. Nightclubs, discotheques, and banquet halls unless part of a permitted hotel.
G. Bars unless incidental to a restaurant or hotel, except that high-end bars specializing in craft beers (which may include a micro-brewery), wine, and/or craft cocktails shall be permitted.
H. Entertainment uses that primarily offer amusement galleries, massage parlors, sporting events, sports or game facilities, internet cafes, off-track betting clubs; provided, however, that the offering of therapeutic massages shall not be construed as an entertainment use or prohibited hereunder.
I. Automotive services and uses, such as automobile and truck dealerships (including sales, rental, and leasing), automobile service stations, carwashes, and automotive body shops.
J. Outdoor storage of any kind.
K. Outdoor commercial recreation such as, but not limited to, go-carts, miniature golf, and batting cages.
L. Veterinary hospitals and kennels.
M. Funeral homes and the sale of cemetery memorials.
N. Nursing homes or assisted living facilities.
O. Uses by governmental or not-for-profit entities, except for those uses determined by Orange Village to be necessary for Orange Village purposes.
P. General grocery stores exceeding 30,000 square feet of floor area, except that upscale general grocery stores in excess of 30,000 square feet may be approved by the Planning and Zoning Commission in accordance with Section 1175.03(c)(1) above.
Q. Outlet stores.
R. Regulated Uses as defined by Section 735.02(e) of this Zoning Code concerning Adult Entertainment Establishments.
(2) To the extent the following uses are otherwise permitted, they are restricted as follows:
A. Fashion Department Stores other than upscale Fashion Department Stores such as Neiman Marcus, Bloomingdale's, Barney's of New York, Harrods, and Lord & Taylor shall be limited to one floor and shall not exceed 100,000 square feet of floor area.
B. Dance halls, fitness centers, karate, and similar uses are prohibited on the ground floor.
C. Offices are not permitted on the ground floor in Sub-District PD-1 unless the specific locations for such offices are depicted on the preliminary site plan included with an approved PDP.
(Ord. 2013-11. Passed 7-31-13.)
D. Movie theaters shall have an average of 100 or fewer seats for each individual screening theater, with no individual screening theater having more than 140 seats. Movie theaters shall include supportive activities such as dining on the same premises and, after 7:00 p.m., shall admit only those persons who are 18 years old or older, unless a person who is not 18 years or older is accompanied by an adult who is 21 years old or older. (Ord. 2018-20. Passed 7-11-18.)
E. Restaurants in Sub-Districts PD-l and PD-1 shall not comprise more than 15% of the combined floor area of the PD-1 and PD-2 Sub-Districts.
F. Fast food Restaurants are only permitted when there are not more than two such restaurants with the same name, and generally the same menu within a 30 mile radius of the PPDD at the time of the initial occupancy of such restaurant.
G. No more than one camping, hunting, fishing or outdoor-life store may exceed 20,000 square feet of floor area.
H. Sporting goods stores are only permitted when there are no more than two such stores with the same name and product line within a 30 mile radius of the PPDD.
I. The sale of firearms and ammunition shall not comprise more than 10% of the sales floor area of any store.
J. There may be only one hotel, which hotel shall be as defined in Section 1140.05(21) except that, notwithstanding any provision to the contrary contained In such section, cooking facilities shall be permitted in hotel rooms in the PPDD.
K. Convenience Stores are: permitted on the first and second floors in Sub-Districts PD-2; only permitted on the second floor in Sub-Districts PD-3 and PD-4; and are not permitted in PD-1.
(b) A use listed in Schedule 1175.05 shall be allowed as an accessory use to a permitted use in the same or any other Sub-District when denoted by the letter "A".
SCHEDULE 1175.05
PERMITTED USES
PD-1 Retail Office | PD-2 Limited Retail Office | PD-3 Mixed- Use/Hotel | PD-4 Mixed-Use | PD-5 Residential | PD-6 Open Space/ Conservation | |
PERMITTED USES | ||||||
Residential | ||||||
Townhouses | P | P | P | |||
Flats | P | P | P | |||
Villas | P | P | P | |||
Residential above First Floor Retail | P | P | P | P | ||
Retail and Professional Services | ||||||
Retail | P | P | P | P | ||
Drive-thrus/Drive-ups - for Permitted Uses | P | P | P | P | ||
Offices above First Floor | P | P | P | P | ||
Offices at Ground Floor | P | P | P | P | ||
Restaurants - Table Service | P | P | P | P | ||
Restaurants - Counter Service | P | P | P | P | ||
Outdoor Dining | P | P | P | P | ||
Hotel | P | |||||
Entertainment Uses | P | P | P | |||
Banks | P | P | P | P | ||
Walk-Up ATM’s Only | P | P | P | P | ||
Other Principal Uses | ||||||
Community Park/Activity Area | P | P | P | P | P | |
Open, Space Conservation, Buffering | P | P | P | P | P | P |
Accessory Uses | ||||||
Outdoor Displays | A | A | A | A | ||
Off-Street Parking | A | A | A | A | A | |
Parking Garages | A | A | A | A | A | |
Signs | A | A | A | A | A | |
Trash Enclosures | A | A | A | A | A | |
Fences | A | A | A | A | A | |
Gatehouse, Pool House | A | |||||
Maintenance Building | A | A | A | A | A | |
Tennis Courts | A | |||||
(Ord. 2013-11. Passed 7-31-13.)
1175.06 DEVELOPMENT STANDARDS - ALL SUB-DISTRICTS.
(a) Schedule 1175.06(a) sets for the requirements for the requirements for building and tenant sizes, building coverage, open space, and maximum building height.
SCHEDULE 1175.06(a)
BUILDING REQUIREMENTS
PD-1 Retail Office | PD-2 Limited Retail Office | PD-3 Mixed- Use/Hotel | PD-4 Mixed- Use | PD-5 Residential | PD-6 Open Space/ Conservation | |
Maximum building footprint | NA | 30,000 | 30,000 | 100,000 | NA | NA |
Maximum Tenant Footprint (SF) | 50,000 (i) | 15,000 | 30,000 | 30,000 | NA | NA |
Maximum Building Height above grade (in feet (ii)) | 45 | 45 | 45/72(iii) | 45/72 (iv) | 45 | NA |
Maximum building lot coverage | NA | 35% | 35% | 35% | NA | NA |
Maximum Density | NA | NA | NA | NA | 10/acre | NA |
Minimum Previous Surface Area | 10% (v) | 30% | 20% | 20% | 50% | 100% |
Notes to Schedule 1175.06(a) (i) In addition to tenants that do not exceed the maximum tenant footprint in the PD-1 Sub-District, one tenant in the PD-1 Sub-District may have a maximum tenant footprint of 100,000 SF and one tenant in the PD-1 Sub-District may have a maximum tenant footprint of 80,000 SF. (ii) Additional height above one floor is only permitted when in compliance with the screening requirements for PD-6 in Section 1175.07. (iii) The maximum building height in Sub-District PD-3 may be increased to 72 feet for a building containing a movie theater and may be increased to 50 feet for a hotel. (iv) The maximum building height in Sub-District PD-4 may be increased to 72 feet for a building containing a movie theater when the building is a minimum of 300 feet from the boundary of Sub-District PD-6 and the buffer/screening complies with Section 1175.07. (v) In addition to the required 10% pervious surface area, the main parking lot of Sub-District PD-1 shall also incorporate two rows of "diamond shaped" planting areas, from the north end to the south end, as illustrated on the preliminary site plan in the PDP with the further purpose of breaking up the large expanse of the parking area without materially resulting in a reduction in the number of parking spaces or a reduction in the building floor area. | ||||||
(b) Schedule 1175.06(b) sets for the requirements for building and parking setbacks.
SCHEDULE 1175.06(b)
BUILDING AND PARKING SETBACKS
PD-1 Retail Office | PD-2 Limited Retail Office | PD-3 Mixed- Use/Hotel | PD-4 Mixed- Use | PD-5 Residential | PD-6 Open Space/ Conservation | |
Minimum Building Setback From: | ||||||
Harvard Road | - | 110FT | - | - | - | - |
PD-6 | 34FT | - | - | 34FT | - | - |
Residential - East | - | 110FT | - | 60FT(i) | 35FT | - |
Orange Place | - | 60FT | 20FT | 75FT | - | - |
Commercial-North | - | - | - | 35FT | 35FT | - |
Commercial-West | - | - | 35FT | 35FT | 35FT | - |
Minimum Surface Parking Setback From: | ||||||
Harvard Road | - | 60FT | - | - | - | - |
PD-6 | 0 FT | - | - | 0 FT | - | - |
Residential - East, | - | 60FT | - | 20FT | 20FT | - |
Orange Place | - | 30FT | 0FT | 20FT | - | - |
Commercial-North | - | - | - | - | 10FT | - |
Commercial-West | - | - | 10FT | - | 10FT | - |
(i) If the building is exclusively for residential use, then the minimum set back is 35 feet provided that a residential building shall be set back a distance equal to no less than the height of the building. | ||||||
(Ord. 2013-11. Passed 7-31-13.)
1175.07 SUPPLEMENTAL SCREENING/BUFFERING STANDARDS PD-6 OPEN SPACE/CONSERVATION.
(a) The buffer in Sub-District PD-6 shall be designed so that the sight line from a person standing on the second floor of a dwelling on Waterford Court is not able to see the top of any building or roof type device (i.e. mechanical and/or communication equipment) in Sub-Districts PD-1 through PD-5 based on the building heights and site plan depicted on the approved Preliminary Development Plan. Roof top equipment shall be screened by appropriate parapet walls or other architectural devices as approved with the Final Development Plan.
(b) At the time the Preliminary Development Plan is amended, or a Final Development Plan is being considered, the Village Engineer shall verify to the Planning and Zoning Commission that the buffer in Sub-District PD-6 is in compliance with the standard in Sub-Section (a), above, or advise the Planning and Zoning Commission of the remedial changes that are necessary to bring Sub-District PD-6 into compliance with Sub-Section (a), above.
(c) As a condition of Issuance of a building permit for any building in Sub-Districts PD-1 through PD-5, the applicant' project architect or civil engineer shall certify in writing to the Village and the Waterford Court Homeowners Association, Inc. (the "HOA") that a person standing on the second floor of a dwelling on Waterford Court will not be able to see the top of any building or roof type device (i.e. mechanical and/or communication equipment) in Sub-Districts PD-1 through PD-5 based on the architectural plans for such building.
(Ord. 2013-11. Passed 7-31-13.)
1175.08 SUPPLEMENTAL DEVELOPMENT STANDARDS- RESIDENTIAL.
(a) The minimum size of the dwelling units shall be according to Schedule 1175.08(a).
SCHEDULE 1175.08(a)
MINIMUM SIZE OF DWELLING UNITS
Dwelling Type | Studio/1-Bdrm | 2-Bdrm | 3-Bdrm or Greater |
Flats | 850 SF(i) | 1,200 SF | 1,600 SF |
Villas | Not Permitted | 1,600 SF | 2,000 SF |
Townhouses | Not Permitted | 1,400 SF | 1,800 SF |
(i) Studio/1-Bdrm dwelling units shall not comprise more than fifteen percent (15%) of the total number of floats. | |||
(b) Dwelling units shall be governed by a declaration of covenants and restrictions, condominium documents, or other similar documents, which shall be subject to review and reasonable approval by the Village.
(Ord. 2013-11. Passed 7-31-13.)
1175.09 PARKING FACILITIES.
Parking and driveways shall be permitted as an accessory use in accordance with the standards and regulations of Chapter 1162 Off-Street Parking and Loading except as modified herein.
(a) The parking provided to satisfy the requirements for non-residential uses in this PPDD may be on surface parking lots or in enclosed garages or structured parking decks. Any structured parking proposed above the grade of the site at the time the Preliminary Development Plan is approved, as it may be amended, shall be considered a building and set back from property lines as set forth in Schedule 1175.06(b).
(b) The required parking for residential uses shall be enclosed parking which is either attached to the dwelling or has direct indoor/enclosed access from the parking garage to the dwelling unit. In addition, one guest parking space at grade shall be provided for every three (3) dwelling units and these spaces shall be reasonably distributed throughout the development to provide the maximum convenience to each dwelling unit.
(c) The minimum required parking for retail uses shall be three and one half (3.5) spaces per one thousand (1,000) square feet of gross floor area and for office uses three (3) spaces per one thousand (1,000) square feet of gross floor area.
(d) The maximum amount of parking provided for the commercial development in Sub-Districts PD-1, PD-2, and PD-4 shall not exceed 5.4 spaces per 1,000 square feet of gross floor area.
(e) Drive aisles providing direct access to parking spaces shall be a minimum of twenty-two (22) feet in width.
(f) Notwithstanding the requirements set forth in this Section, the Planning and Zoning Commission may approve a lesser amount of parking than required taking into consideration: the hours of operation of uses; the overlap in parking demand by different adjacent uses; and the operating characteristics of the specific uses proposed. The land areas resulting from such parking reductions shall be improved as landscaped green space areas, as approved in the Final Development Plan, until such time as they may be needed as surface parking as determined by the Planning and Zoning Commission.
(g) The design of the parking areas and related circulation, landscaping, open space, and pedestrian areas shall be as approved on the Preliminary Development Plan, as it may be amended.
(Ord. 2013-11. Passed 7-31-13.)
1175.10 SIGNS.
The signs for the PPDD shall be based on a comprehensive sign plan and sign criteria for free-standing project entry signs, wall signs, window signs, and incidental instructional signs throughout the development which shall be submitted and approved by the Planning and Zoning Commission as part of the PDP. This comprehensive sign plan shall include standards and criteria for height; area; location on the building and/or site; materials for the cabinet, frame, and base.
(Ord. 2013-11. Passed 7-31-13.)
1175.11 LAND PLANNING/SITE DEVELOPMENT PRINCIPLES AND CRITERIA.
The following planning guidelines are established to guide the planning, development and use of the land in a PPDD.
(a) Landscaping prototypes for buffering, parking islands, pedestrian areas and site amenities for areas Sub-Districts PD- 1 through PD - 5 shall be depicted on the Preliminary Development Plan. However, the landscaping and mounding for Sub-District PD-6 shall be developed as a definitive fully developed landscape plan which specifies: the proposed grading; the plant material and the number of each type, the size at planting, the spacing, and the breadth and height within three (3) years of planting.
(b) Parking Jots shall be screened from adjacent residential uses and public streets with dense evergreen hedges or trees and/or earthen mounds or other effective screening as lllustrated on the Preliminary Development Plan, as it may be amended.
(c) Lighting of drives, sidewalks and parking areas shall be adequate to provide safety but the location, number, height and level of illumination shall be approved by the Planning and Zoning Commission and Village Council as part of the Final Development Plan. Lighting shall be designed to not have excessive brightness, to not have light trespass on adjacent property and to not create "hot spots" of light.
(d) The development shall be designed to utilize the natural contours of the land, economize in the construction of utilities, and reduce the amount of grading to the extent practicable.
(e) Utility services including gas, water, sewers, electric, cable and telephone, shall be installed underground in compliance with relevant Village ordinances and all other applicable regulations and requirements.
(f) Exclusive of Sub-District PD-6, the development shall include a system of pedestrian plazas and walkways that interconnect the entire development and, to the extent reasonably feasible, with Village pedestrian paths and bikeways outside the development to the extent such paths and bikeways adjoin the development. Such connections shall include other features such as decorative street furniture, outdoor seating, bicycle facilities, decorative pavement to indicate pedestrian areas and crosswalks, and traffic calming measures as appropriate.
(g) Retention/detention, when proposed as open basins or ponds, shall be designed to be an integral part of an amenity to the development. The borders of retention basins shall have natural or curvilinear shapes and shall be planted with grass and trees to blend in with the landscape features of the development. Where deep basins occur, adequate protection is to be provided to prevent pedestrians or vehicles from dangers arising from the design of these facilities, and such protection may include, but is not limited to, fences, guard rails or other warning devices as deemed necessary.
(h) In Sub-District PD-6, the open space shall be guaranteed from further subdivision and/or use through deed restrictions or covenants. All such open space shall be maintained by the owner of the majority of the land in Sub-Districts PD-1 through PD-4 and PD-6.
(i) Private streets in Sub-Districts PD-1, PD-3, PD-4, and PD-5 as identified on the Preliminary Development Plan, as it may be amended, shall be constructed to Village construction standards for public streets unless an alternate standard is approved by the Planning and Zoning Commission at the time the Final Development Plan is approved. All private streets in Sub-Districts PD-1, PD-3 and PD -4 shall be within an easement granted to the Village which assures perpetual public access. All private streets in PD-5 shall be accessible for the provision of municipal services. The land areas of the designated private streets shall be maintained by the owners thereof.
(j) Trash storage containers and compactors shall be enclosed with a masonry wall at such minimum height, but not less than six (6) feet, as necessary to fully screen the top of any trash storage device on three sides with a closable door/gate on the fourth side. Trash enclosures shall be screened with landscaping and located as depicted on the Final Development Plan.
(Ord. 2013-11. Passed 7-31-13.)
(Ord. 2013-11. Passed 7-31-13.)
(k) Sound barriers shall be installed for all HVAC, outdoor refrigeration systems, trash compactors and other similar or related improvements located in Sub-District PD-1.
(Ord. 2014-3. Passed 4-9-14.)
(Ord. 2014-3. Passed 4-9-14.)
(l) Each restaurant in Sub-District PD-1 shall have installed and operate an odor abatement system for its kitchen exhaust system.
(Ord. 2013-11. Passed 7-31-13.)
(m) From 8:00 pm to 8:00 am, no rubbish shall be collected from, or deliveries made to or from the rear of any building located in Sub Districts PD-1, PD-2, PD-3 or PD-4 the front of which faces north, south or west. From 8:00 pm to 8:00 am, no trucks shall make any deliveries to the rear of any building located in Sub Districts PD-1, PD-2, PD-3 or PD-4 the front of which faces north, south or west.
(Ord. 2018-19. Passed 6-6-18.)
(n) As a condition to the issuance of any building permit for any improvements in Sub Districts PD-1 through PD-5, the applicant’s project architect or civil engineer shall certify in writing to the Village and the Waterford Court residents owning units adjacent to Sub-District PD-6 that persons standing on the second floor of a dwelling on Waterford Court will not be able to see any building, roof type device (i.e. mechanical and/or communication equipment) or other improvements in Sub-Districts PD-1 through PD-5 based on the architectural plans for such improvements.
(Ord. 2014-3. Passed 4-9-14.)
(o) Upon completion of construction of the development, the ambient (i.e., background) noise level on Waterford Court as measured using the A weighted decibel scale shall not increase in a manner perceptible by the average human ear as determined by a sound professional comparing sound studies that document the pre- and post-construction sound levels using a variety of sound level descriptors.
(Ord. 2013-11. Passed 7-31-13.)
1175.12 COMMERCIAL BUILDING DESIGN STANDARDS AND GUIDELINES.
(a) The building design guidelines, prepared by the applicant and approved with the Preliminary Development Plan, as it may be amended, may include a variety of building arrangements including, but not limited to, the bulk and shape of the buildings, open space and landscape features and architectural styles, yet the buildings shall be arranged in various groups, courts or clusters with open spaces related to the buildings to create a harmonious and coordinated
architectural design for the entire development area.
(b) Exteriors of buildings shall have finished materials on all sides except those that face non-public or service areas that are thoroughly screened. Exterior Finished materials shall not include exposed concrete, cinder block, or acrylic stucco (commonly known as "dryvit" or "EIFS") except when it is used as an accent in association with recessed or protruding belt courses, wide reveals, or combinations thereof.
(c) A combination of materials, textures, colors and finishes are to be used to create visual interest.
(d) While flexibility in design is encouraged, the following design standards shall be incorporated in the Preliminary and Final Development Plans:
(1) When the wall of a building faces a public right-of-way, or public parking area, or is within forty five (45) degrees of facing a public right-of-way, such walls shall have no more than thirty (30) feet of contiguous wall length, on any ground floor, unless the wall includes architectural features such as windows, piers, columns, defined bays or an undulation of the building, so that a pedestrian scale, rhythm, and visual interest is created. In satisfying this requirement windows may be transparent or opaque representations.
(2) Front walls shall have a horizontal offset a minimum of ten (10) feet no less than every three hundred (300) feet of building frontage.
(3) Walls that meet the following criteria shall be exempt from the requirements of subsection (b)(1) and (2) above:
A. Two walls that face one another, are separated by not more than thirty (30) feet, and the space between the two walls is used for servicing the buildings, or
B. The wall faces an area devoted solely to loading and delivery and the wall is screened from view from all public rights-of-ways, parking areas, and abutting residential areas as approved in the Preliminary Development Plan, as it may be amended.
(e) Tenant spaces within commercial buildings shall be fully finished and include carpeted, wood, special treated or ceramic flooring, interior wall finish treatments and surfaces, varied ceilings with multiple levels, merchandise displays and fixtures found in upscale establishments, segregated fitting rooms, and ambient and accent lighting consistent with refined retail design.
(Ord. 2013-11. Passed 7-31-13.)
1175.13 RESIDENTIAL BUILDING DESIGN STANDARDS AND GUIDELINES.
(a) The building design guidelines, prepared by the applicant and approved with the Preliminary Development Plan, as it may be amended, may include a variety of building arrangements including, but not limited to, the bulk and shape of the buildings, open space and landscape features and architectural styles, yet the buildings shall be arranged in various groups, courts or clusters with open spaces related to the buildings to create a harmonious and coordinated
architectural design for the entire development area.
(b) Buildings shall have finished materials on all sides except those that face non-public or service areas that are thoroughly screened. Finished materials shall not include exposed concrete, cinder block, or acrylic stucco (commonly known as "dryvit" or "EIFS") except when it is used as an accent in association with recessed or protruding belt courses, wide reveals, or combinations thereof.
(c) A combination of materials, textures, colors and finishes are to be used to create visual interest.
(d) Interior spaces shall include a variety of floor arrangements, decor, and distinctive design details to reflect the design and material quality of the exterior, and the overall high quality mandated throughout the Development. To this end, the preponderance of finishes and fixtures such as appliances, hardware, windows, doors, cabinets, etc. shall be of the highest reasonably feasible quality and be near the top end of the products being currently built in the marketplace. Conversely, finishes, fixtures, appliances, hardware, windows, doors, cabinets that are of quality generally referred to as "builders grade," and commonly associated with large scale and modest
price residential developments, shall not be prevalent in any residential unit.
(Ord. 2013-11. Passed 7-31-13.)
1175.14 OTHER DEVELOPMENT PERMITTED.
(a) Except as provided in subsection (b), if development of the property or portion thereof does not proceed according to the approved PDP, as it may be amended, the property owner(s) may continue to develop and use the property in accordance with Chapter 1148 of this Zoning Code.
(b) If a parcel of the proeprty which has previously been zoned as a part of a U-4A District has been rezoned into the PPDD, but has not been included into the approved PDP, the property may be used and redeveloped in accordance with the provisions of Chapter 1156 of this Zoning Code. (Ord. 2017-26. Passed 8-9-17.)
1175.15 CONFLICT.
Where there is a conflict between the provisions of this Chapter and other provisions in the Zoning Code, the provisions of this Chapter shall govern.
(Ord. 2013-11. Passed 7-31-13.)
1176.01 PURPOSE AND SCOPE.
(a) It is hereby determined that the system of rivers, streams, and other natural watercourses within Orange Village contributes to the health, safety, and general welfare of the residents of Orange Village. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.
(2) Assist stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, streambank erosion, and the downstream transport of sediments eroded from watercourse banks.
(3) Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
(4) Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.
(5) Provide watercourse habitats with shade and food.
(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
(7) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(8) Benefit Orange Village by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of Orange Village, and thereby preserving the character of Orange Village, the quality of life of the residents of Orange Village, and corresponding property values.
(b) The following regulations have been enacted to protect and enhance these functions of riparian areas by providing reasonable controls governing structures, uses, and related soil disturbing activities within a riparian setback along designated watercourses in Orange Village.
(Ord. 2006-3. Passed 3-8-06.)
1176.02 APPLICABILITY, COMPLIANCE AND VIOLATIONS.
(a) This regulation shall apply to all zoning districts.
(b) This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this regulation, except as provided herein.
(c) No approvals or permits shall be issued by Orange Village without full compliance with the terms of this regulation.
(Ord. 2006-3. Passed 3-8-06.)
1176.03 CONFLICTS WITH OTHER REGULATIONS AND SEVERABILITY.
(a) Where this regulation imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this regulation shall control.
(b) This regulation shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except in the event of a conflict, as provided in Section 1176.03 (a) of this regulation.
(c) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(Ord. 2006-3. Passed 3-8-06.)
(Ord. 2006-3. Passed 3-8-06.)
1176.04 DEFINITIONS.
For the purpose of this chapter, the following terms shall have the meaning herein indicated:
(1) “Community”: Throughout this regulation, this shall refer to Orange Village or its designated representatives, boards, or commissions.
(2) “Damaged or diseased trees”: Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto an existing structure.
(3) “Designated watercourse”: A watercourse within Orange Village that is in conformity with the criteria set forth in this regulation.
(4) “Federal Emergency Management Agency (FEMA)”: The agency with overall responsibility for administering the National Flood Insurance Program.
(5) “Impervious cover”: Any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, sidewalks, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools
(6) “Noxious weeds”: Any plant species defined by the Ohio Department of Agriculture as a “noxious weed” and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.
(7) “100-year floodplain”: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year.
(8) “Ohio Environmental Protection Agency”: Referred throughout this regulation as the "Ohio EPA."
(9) “Ordinary high water mark”: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
(10) “Riparian area”: Land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(11) “Riparian setback”: The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this regulation.
(12) “Soil disturbing activity”: Clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(13) “Substantial damage”: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, fifty percent (50%) of the market value of the structure before the damage occurred.
(14) “Watercourse”: Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(15) “Wetland”: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 CFR 232, as amended).
(Ord. 2006-3. Passed 3-8-06.)
1176.05 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.
(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than ½ square mile, or
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, Orange Village may consult with technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 75 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
(2) A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by Orange Village in Section 1176.05 of this regulation.
(c) Orange Village may create a map identifying designated watercourses and their minimum riparian setbacks. The following shall apply to the Riparian Setback Map:
(1) It shall be used as a reference document by applicants, the Building Commissioner, the Village Engineer, and others in determining when the riparian setback applies.
(2) It shall be a guide only. Watercourses must be field verified. Such verification shall be accepted by the Village Engineer. Any costs associated with this review may be assessed to the applicant.
(3) Nothing herein shall prevent Orange Village from updating the riparian setback map from time to time as may be necessary.
(4) If any discrepancy is found between the riparian setback map and this regulation, or if any discrepancy is found between existing site conditions and this regulation, the criteria set forth in Section 1176.05 (a) and (b) shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.
(3) Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, Orange Village may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by Orange Village. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by Orange Village to the applicant.
(Ord. 2006-3. Passed 3-8-06.)
1176.06 APPLICATIONS AND SITE PLANS.
(a) The applicant shall be responsible for identifying riparian setbacks as required by this regulation and shall indicate such setbacks on a site plan included with all subdivision plans, land development plans, and/or building permit applications submitted to Orange Village. The site plan shall be prepared by a professional engineer, surveyor, landscape architect, or such other qualified professional as determined by Orange Village and shall be based on a survey of the affected land. Two (2) copies of the site plan shall be submitted. The site plans shall include the following information:
(1) The boundaries of the lot with dimensions.
(2) The locations of all designated watercourses.
(3) The limits, with dimensions, of the riparian setbacks.
(4) Photographs of the designated watercourse prior to construction and related soil disturbing activities. At a minimum these photographs should include where the watercourse enters and exists the property and may include other representative areas, if required by the Village Engineer.
(5) The existing topography at intervals of two (2) feet.
(6) The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all designated watercourses.
(7) If the lot included in the site plan is a part of a new subdivision which will be platted and recorded, the riparian setback shall be as shown on said plat.
(8) North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.
(b) Orange Village may, in reviewing the site plan, consult with technical experts. Any costs associated with this review may be assessed to the applicant.
(c) If soil disturbing activities will occur within 50 feet of the outer boundary of the applicable riparian setback as specified in this regulation, the riparian setback shall be clearly identified by the applicant on site with construction fencing as shown on the site plan. Such identification shall be completed prior to the initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.
(d) No approvals or permits shall be issued by Orange Village prior to identification of riparian setbacks on the affected land in conformance with this regulation.
(Ord. 2006-3. Passed 3-8-06.)
1176.07 USES PERMITTED IN RIPARIAN SETBACKS.
(a) Permitted Uses. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.
(1) Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
A. Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
B. Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species, but only as approved by Orange Village. The costs associated with the Orange Village’s determination of such revegetation or reforestation may be assessed to the applicant.
(b) Conditional Approval by the Orange Village Building Commissioner: Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one (1) year of issuance:
(1) Crossings: Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Building Commissioner. Any costs associated with review of Crossing Plans may be assessed to the applicant.
If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to Orange Village. Proof of compliance shall be the following:
A. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(2) Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses and through riparian setbacks may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such streambank stabilization measures shall only be undertaken upon approval of a Streambank Stabilization Plan by the Building Commissioner. Any costs associated with review of Streambank Stabilization Plans may be assessed to the applicant.
If streambank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to Orange Village. Proof of compliance shall be the following:
A. A site plan showing that any proposed stabilization conforms to the general and special conditions of Nationwide Permit 13, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13, or,
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(3) Storm Water Retention and Detention Facilities: Storm water retention and detention facilities may be constructed in the riparian setback, provided:
A. Storm water quality treatment consistent with current Ohio EPA regulations is incorporated into the facilities.
B. Storm water retention and detention facilities are located at least 50 feet from the ordinary high water mark of the designated watercourse. This shall apply when the riparian setback is greater than 50 feet. When the riparian setback is less than 50 feet, the facilities shall be outside the riparian setback.
(4) Landscaping: The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Building Commissioner. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:
A. Maintain trees in the riparian setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.
B. Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
C. To the maximum extent practicable, minimize lawns in the riparian setback area.
(Ord. 2006-3. Passed 3-8-06.)
1176.08 USES PROHIBITED IN RIPARIAN SETBACKS.
Any use not authorized under this regulation shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:
(a) Construction. There shall be no buildings, structures, or related soil disturbing activities of any kind.
(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
(c) Walls: There shall be no walls, except as permitted under this regulation.
(d) Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.
(e) Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under this regulation.
(f) Disturbance of Natural Vegetation: There shall be no disturbance of natural vegetation within riparian setbacks except for the following:
(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.
(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(g) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, or loading/unloading spaces.
(h) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system, or the installation of new systems, and all in accordance with recommendations of the Cuyahoga County Board of Health.
(Ord. 2006-3. Passed 3-8-06.)
1176.09 NON-CONFORMING STRUCTURES OR USES IN RIPARIAN SETBACKS.
Nonconforming structures and uses which exist within riparian setbacks shall be governed by the terms and conditions of Chapter 1164 of this Zoning Code.
(Ord. 2006-3. Passed 3-8-06.)
1176.10 VARIANCES WITHIN RIPARIAN SETBACKS.
Variances within riparian setbacks shall be determined pursuant to the terms of Article III, Section 9(g) of the Charter of Orange Village.
(Ord. 2006-3. Passed 3-8-06.)
1176.11 INSPECTION OF RIPARIAN SETBACKS.
The identification of riparian setbacks shall be inspected by Orange Village Building Commissioner:
(a) Prior to soil disturbing activities authorized under this regulation. The applicant shall provide Orange Village with at least ten (10) working days written notice prior to starting such soil disturbing activities.
(b) Any time evidence is brought to the attention of Orange Village that uses, structures, or related soil disturbing activities are occurring that may reasonably be expected to violate the provisions of this regulation.
(Ord. 2006-3. Passed 3-8-06.)
1176.12 APPEAL.
If the Village Building Commissioner or Engineer makes any adverse decision under the authority vested by this chapter, that decision may be appealed by any person adversely affected thereby to the Planning and Zoning Commission by sending a letter to the Building Commissioner within ten (10) days of the decision. The Planning and Zoning Commission shall place the matter on the agenda for the next meeting occurring not less than ten (10) days after receipt of the letter by the Building Commissioner. The Planning and Zoning Commission shall decide the appeal, and make conclusions of fact, within sixty (60) days of the filing of the letter requesting the appeal, unless the appellant consents to a longer period of time. In the event the Planning and Zoning Commission does not decide the issue within sixty (60) days of the filing of the letter requesting the appeal, and the appellant has not consented to a longer period of time, the decision shall be deemed to have been affirmed. The decision of the Village Planning and Zoning Commission shall be final within the Village and may be appealed pursuant to law by any person, excluding the Village’s Building Commissioner and Engineer but including the Village Council.
(Ord. 2006-3. Passed 3-8-06.)
1176.99 PENALTY.
(a) Any person who violates any section of this regulation shall be guilty of a misdemeanor of first degree and shall, in addition to any criminal penalty imposed by a court of law, be required to restore the riparian setback through a restoration plan approved by the Building Commissioner.
(b) The imposition of any criminal or other penalties provided herein shall not preclude Orange Village from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of Orange Village Building Commissioner or Engineer.
(Ord. 2006-3. Passed 3-8-06.)
CODIFIED ORDINANCES OF ORANGE