Plymouth Township City Zoning Code
ARTICLE XXIV
High-Rise Apartment Districts
Section 2400 General requirements.
[Ord. No. 379, § 13, 11-13-1961; Ord. No. 612, § 1, 12-14-1970; Ord. No. 793, § 1, 3-13-1978]
The township council may authorize as an amendment to the Zoning Map the designation of an area as a High Rise Apartment District for the location of an integrated high rise apartment, subject to the regulations of this and any pertinent Article.
Section 2401 Use regulations.
[Ord. No. 379, § 13, 11-13-1961; Ord. No. 439, § 1, 10-12-1964; Ord. No. 612, § 1, 12-14-1970; Ord. No. 756, § 1, 8-9-1976; Ord. No. 793, § 1, 3-13-1978; Ord. No. 1195, § 1, 7-15-1996; Ord. No. 1589, § I, 10-13-2014 ]
A building may be erected or used, and a lot may be used or occupied for the following purposes, and no other, provided the requirements of the sections following are met:
A.
Permitted uses. The following are the permitted uses in a High Rise Apartment District:
1.
Apartment house or group of apartment houses which constitute a single operating or proprietary unit.
2.
Playgrounds, parks, tot-lots and other public or semipublic noncommercial recreational facilities as well as open spaces and other public uses.
3.
Parking. Off-street automobile parking and off-street delivery-collection facilities shall be required. Such parking area shall be for the sole use of the occupants of such building and the visitors thereto.
4.
The mounting and/or erection of antenna and/or microwave equipment and dishes and signal processing equipment on and in an existing building to receive UHF and VHF television signals for subsequent transmission by coaxial cable both within and beyond the boundaries of Plymouth Township; provided, however, that transmission to residents of Plymouth Township shall be permitted only by a duly enacted franchise ordinance. All antennas shall not exceed the height of the building to which they are affixed, except for one search antenna which may be erected no more than five (5) feet above the building height.
B.
Conditional uses. Any of the following uses shall be permitted only when authorized as a special exception, subject to the provisions of article XXI, section 2101, B, herein:
1.
When provided as an integral part of the development, such accessory commercial uses primarily to satisfy the needs of the occupants of the high-rise apartment buildings, including, but necessarily limited to, restaurants, personal service shops, retail shops, financial institutions, cultural or recreational facilities, professional type offices and any use of the same general character, provided that said uses shall be limited to the ground floor area of the building.
2.
General office space will be permitted provided that said use shall be limited to first and second floors above the ground floor of the building.
3.
If any of these conditional uses permitted are located in a building within the center which contains apartments, the apartment units shall be adequately buffered from noise, vibration and any condition which is detrimental to the proper use of the apartment.
4.
In computing parking spaces required for the accessory commercial uses authorized by subsection B.1. hereof, and for the general office space use authorized by subsection B.2. hereof, a reduction in the number of parking spaces required may be allowed for each space required by section 2404 F. hereof by the township council. However, after seventy-five (75) percent occupancy of the apartments units, or after one year subsequent to the issuance of the initial use and occupancy permit, whichever occurs first, an application shall be made by developer for a special exception, subject to the provisions of article XXI, section 2101 B. herein, to determine the propriety of the reduction in the number of spaces authorized above. After occupancy of the premises, should additional parking spaces be required in the opinion of the township council, such additional spaces shall be constructed as ordered by the township council, not to exceed parking requirements contained elsewhere in this ordinance for commercial and general office space uses as authorized by subsections B.1. and B.2. hereof; any person aggrieved by the order of the township council shall have the right of appeal to the zoning hearing board, in accordance with section 2104 hereof, which shall, after a hearing, determine whether such additional spaces are necessary. In making such a determination, the zoning hearing board shall be guided by the purpose of this ordinance as set forth in section 101 hereof and the standards used in passing upon an application for a special exception as set forth in section 2101 D.3. hereof.
Section 2402 Nonconforming uses.
[Ord. No. 379, § 13, 11-13-1961; Ord. No. 439, § 1, 10-12-1964; Ord. No. 612, § 1, 12-14-1970]
The proposed district shall be unified and contiguous in shape and uniformly zoned throughout, the creation of odd-shaped areas which exclude nonconforming uses is to be avoided.
However, the provisions of this section shall not be construed to restrict the unified development of a high rise apartment center which incorporates either or both commercial and/or recreation uses. The development of a high rise apartment center with either public or semipublic noncommercial recreation facilities, (e.g. golf course, tennis courts, swimming pools) is hereby encouraged.
Section 2403 Development requirements.
[Ord. No. 379, § 13, 11-13-1961; Ord. No. 439, § 1, 10-12-1964; Ord. No. 612, § 1, 12-14-1970]
The general plan for a high rise apartment shall include evidence and facts showing that it has considered and made provisions for, and the development shall be executed in accordance with, the following essential conditions:
A.
The proposed development shall be substantially in accordance with the Comprehensive Plan of Plymouth Township, shall consider the surrounding land features of the area including, but not limited to, residences, schools, parks, other reservations of open spaces, locations, width and grade of streets and location and arrangement of parking spaces, local and regional business areas and shopping centers, densities proposed for surrounding areas, and other such features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for this type of use.
B.
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.
1.
If the development of the high rise apartment is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this ordinance shall be fully complied with at the completion of any stage.
2.
The developer shall assure the provisions of required public improvements by means of a proper completion guarantee in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements. The work shall be performed in accordance with the requirements and specifications of Township Ordinances and the approved plans.
C.
The area shall be adaptable to community development, being located in relation to major thoroughfares, streets, railroads, public transportation, shopping or other facilities, and as far as possible shall have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.
Section 2404 Area regulations.
[Ord. No. 379, § 13, 11-13-1961; Ord. No. 612, § 1, 12-14-1970; Ord. No. 646, §§ 1-3, 3-13-1972; Ord. No. 793, § 1, 3-13-1978; Ord. No. 1048, § 8, 11-29-1990; Ord. No. 1253, § 11, 1-26-1998]
A.
Area of tract. Not less than ten (10) acres shall be provided for every area to be used in whole or in part as a High Rise Apartment District.
B.
Building coverage. No more than fifteen (15) per cent of the lot area shall be occupied by a building or buildings, in the case of a building or buildings of six (6) stories. For each additional story in height, the lot coverage shall be reduced by three-fourths of one per cent (3/4 of 1%). Where there are principal buildings of varying heights, the average height in stories will determine the lot coverage.
C.
Setback from streets. There shall be setback from the ultimate right-of-way of each street on which the High Rise Apartment District abuts which shall be not less than one hundred (100) feet in depth; provided, that the buildings in excess of sixty (60) feet in height shall provide an additional one (1) foot of setback for each additional one (1) foot of height.
D.
Setback from property lines. There shall be a setback from any residential property line which the High Rise Apartment District abuts of not less than two hundred (200) feet, and a setback not less than one hundred (100) feet from any other property line; provided, that when authorized as a special exception, subject to the provisions of Article XXI, Section 2101 B. herein, the setback from any residential property line which the High Rise Apartment District abuts, where the residential property is undeveloped, or borders part of the High Rise Apartment District front yard, or is owned by any government agency, shall be not less than one hundred (100) feet when the property line borders a side or front yard and not less than fifty (50) feet when the property line borders a rear yard.
E.
Distance between buildings. In the case of two (2) or more buildings, regardless of orientation, the horizontal distance measured in feet between the buildings at their nearest point shall be:
1.
Not less than eighty (80) feet for buildings the average height of which is less than eighty (80) feet;
2.
Not less than one hundred (100) feet for buildings the average height of which is eighty (80) feet or more;
3.
Not less than the length of the sides of buildings facing toward each other where the sides of such buildings face toward each other in juxtaposition for a length of more than one hundred twenty (120) feet, regardless of the height of the buildings.
F.
Parking.
1.
Not less than two (2) off-street parking spaces, each consisting of a rectangular area having dimensions not less than nine (9) feet in width and eighteen (18) feet in length, shall be required for each dwelling unit; provided, where unusual or difficult topographical or subsurface conditions exist which justify the granting of a special exception reducing concealed or covered parking as authorized in subsection F.2. hereof, the dimensions of each rectangular parking space shall be not less than nine (9) feet in width and eighteen (18) feet in length and aisles serving such parking spaces shall have a minimum width of twenty-four (24) feet. Such parking area shall be so placed so as not to interfere with any recreation or service area, and shall not be less than twenty-five (25) feet from property lines or ultimate right-of-way lines.
2.
Not less than twenty-five (25) per cent of the aggregate off-street parking area shall be concealed inside a building or covered with a deck that may be used only for recreation, automobile parking, landscaped, or any combination thereof; provided, where unusual or difficult topographical or subsurface conditions such as, but not limited to, rock exist and when authorized as a special exception, subject to the provisions of Article XXI, Section 2101 B. herein, not less than fifteen (15) per cent of the aggregate off-street parking shall be concealed or covered as aforesaid.
3.
a.
The concealed or covered parking required by Section 2404.F.2 hereof shall be reduced by one and one-half (1 1/2) parking spaces for each dwelling unit built on a tract less than the permitted thirty (30) dwelling units per developable acre authorized by Section 2404.G. hereof. This reduction shall also apply even though the applicant may be granted a special exception under Section 2404.F.2.
b.
Regardless of the number of dwelling units constructed on a tract, the maximum number of unconcealed or surface parking spaces shall never exceed the total of such spaces as determined by applying the provisions of Sections 2404.F.1. and 2404.F.2., without reference to the affect of subsection 2404.F.3.(a) above.
G.
Dwelling units per acre. There shall be no more than thirty (30) dwelling units per developable acre. Not more than fifteen (15) per cent of the total dwelling units shall exceed two (2) bedrooms per dwelling unit and not more than sixty-five (65) per cent of the total dwelling units shall exceed one (1) bedroom per dwelling unit. "Developable acre" shall be defined as all land except land area located within existing rights-of-way of public roads and overhead and underground utility lines, wet lands, floodplains (defined as alluvial soils in the Soil Survey of Montgomery County, U.S. Department of Agriculture, 1967; and by all applicable engineering studies which designate 100-year frequency flood levels), and land areas with slopes of fifteen (15) per cent or greater.
H.
Height of building. The minimum height of buildings or other structures erected in this district shall be sixty (60) feet or six (6) stories, whichever is less, and the maximum height shall be one hundred (100) feet.
I.
Paving. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with all pertinent specifications within the Subdivision Regulations.
J.
Service. Areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other service shall be provided and shall be adequate in size, shall be adequately fenced, and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
K.
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the apartment without undue congestion to or interference with normal traffic flow. The Planning Agency shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the apartment as well as to the street frontage of the proposed district.
L.
Utilities. All buildings within the High Rise Apartment District shall be served by a public sanitary sewage disposal system and public water supply or available public utilities. All utility lines servicing the high rise apartment shall be placed underground.
M.
Lighting facilities. Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of high rise apartment residents.
N.
Landscaped planting area. A landscaped planting area shall be provided along street frontage occupied by a High Rise Apartment District.
O.
Buffer. Each High Rise Apartment District shall have a permanent strip of continuous coniferous planting, not less than twenty (20) feet in width and of sufficient height and density to provide immediate screening between the apartment district and all street frontages and adjoining properties.
P.
Open space. The developer shall be required to maintain fifty (50) per cent of the land area in nonvehicular open space and shall be encouraged to preserve or incorporate natural features such as woods, streams and open space areas which add to the overall cohesive development of the high rise apartment and overall community development; provided, where unusual or difficult topographical or subsurface conditions exist which justify the granting of a special exception reducing concealed or covered parking as authorized by subsection F.2. hereof, the developer shall be required to maintain forty-three (43) per cent of the land in nonvehicular open space. However, all conditions deemed hazardous by the Planning Agency, including natural feature hazards, are to be eliminated or all precautions deemed appropriate by the Planning Agency to reduce the hazard are to be provided by the developer.
Q.
Recreation. The developer shall be required to provide one hundred (100) square feet of recreation space for each dwelling unit for such facilities, such as playground and tot-lots, and other services necessary for the comfort and convenience of high rise apartment residents.
Section 2405 Compliance with plans.
[Ord. No. 612, § 1, 12-14-1970]
Every application, when approved by the Township Council, either as submitted originally or as submitted or resubmitted in modified form, shall constitute an agreement by the applicant that such installation shall be made, completed and operated as shown on the plan as part of the project in accordance with the provisions of Section 2403."[1]
[1]
Editor's note: The zoning pamphlet of the township, containing amendments through Ordinance No. 709, had two sections numbered 2404. To eliminate confusion and facilitate indexing, the editor has designated the second section 2404 as "[2405]."
Section 2406 Application and review.
[Ord. No. 612, § 1, 12-14-1970; Ord. No. 793, §§ 1, 14, 3-13-1978]
A.
Plans for any apartment house use shall be submitted to the Township Planning Agency prior to the insurance [issuance] of any permit and such plans shall include, among other things, the following:
1.
A plan or plans which shall show:
a.
The location, use and plan for each building or other structure, the total gross floor area of each building, and, where applicable, the floor area of each building to be used for shops or offices.
b.
Floor area (in square feet) of each type of apartment dwelling unit.
c.
Number of bedrooms in each type of apartment dwelling unit.
d.
The total number of apartment dwelling units.
e.
Total number of acres in the proposed district.
f.
Total number of off-street parking spaces.
g.
Exterior, vertical and horizontal building dimensions.
h.
Ground area of each building.
i.
The location, dimensions and arrangement of all open spaces, yards, streets, accessways, entrances, exits, off-street parking facilities, loading and unloading spaces, pedestrian ways, sidewalks, recreation areas and areas devoted to planting, landscaping and other similar purposes.
j.
The capacity of all areas to be used for automobile access, parking, loading and unloading.
k.
The provision made for, and location of, existing or proposed storm water and sanitary sewerage, water supply, exterior lighting facilities, gas and other utilities.
2.
Information sufficient to demonstrate that satisfactory arrangements will be made to accommodate probable increases in traffic and to facilitate traffic movements on the streets in the vicinity of the proposed use. These arrangements shall include provisions for sufficient storage and distribution facilities within the district and off the street to prevent backup of vehicles on the public street.
3.
Sufficient data in all instances to enable the Township:
a.
To evaluate the design and character of the entire district; and
b.
To consider properly such factors as the relationship of the proposed development to surrounding areas, anticipate traffic, public health, safety and the general welfare; and
c.
To determine that the proposed plan and uses comply in all respects with the requirements of this and all other ordinances. In the case of a development to be developed in stages, less detailed plans or sketches than those required above of an area not to be developed immediately will suffice initially, provided that they show all necessary data bearing on the areas that are to be developed immediately, and provided as development continues a plan showing all the required data shall be submitted according to the original procedures prior to the construction of any of such deferred development.
4.
All procedural requirements of the subdivision ordinance shall be met.
5.
All plans submitted shall be prepared by a registered architect and all landscaping plans shall be prepared or approved by a registered landscape architect.