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Portage City Zoning Code

ARTICLE VII

PLANNED DEVELOPMENTS

Sec. 90-7.1.- PD district intent, permitted uses and miscellaneous standards.

Permitted UsesPermitted UsesPrerequisite Standards
The purposes of these regulations are to provide greater design flexibility in the development of land when consistent with the comprehensive plan and intent of the zoning ordinance and subdivision control ordinance.
The use of planned development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or is compatible with surrounding areas and/or fosters the creation of attractive, healthful, efficient and stable environments for living, shopping or working.
The planned development regulations and procedures may apply to the further development of existing developed landsor to vacant lands.
The request for a planned development should be for one or more of the following: 		All uses are subject to the discretion and approval of the plan commission. No uses are granted by right.
In general, the uses that will be considered in a planned development are: uses designated as permitted uses or special exceptions in the base zone district.
(For example if the previous zoning was R2 and the proposed planned development district would be PD-R2, the permitted uses and special exceptions in the R2 District would generally be appropriate.)
All other land uses will be reviewed and considered at the discretion of the plan commission. Mixed uses will be considered and may be encouraged when appropriate. All land uses proposed in a PD must be nonconflicting and in the spirit of the comprehensive plan, the previous zoning district, surrounding land uses and zoning districts. 		Minimum Land Area.
• Ten acres to qualify for any PD
Minimum Lot Frontage:
• 50 feet on a public street with access from said public street
Maximum Lot Coverage:
• Square footage of all primary and accessory structures, and impervious surface cannot exceed 65 percent of the lot area
Minimum Floor Area:
• Based on base zone district, when applicable
Maximum Structure Height:
• Based on base zone district
Minimum Open Space:
• 30 percent (gross area) for residentially dominant planned developments
• 15 percent (gross area) for commercially dominant planned developments
• Unique and creative designs such as those that have special architectural character or other features which are complementary to the city which cannot, through standard zoning, be achieved;
• Unusual existing physical conditions, including severe topography, sensitive drainage patterns, traffic circumstances, or environmental features that are unique to the subject site, and that could not be accommodated through the standard zoning districts; and
• Mixed uses that include different types of land uses arranged in a way that could not be accomplished through the use of the standard zoning districts. Mixed use developments should share an architecture theme, landscape theme, clustering and conservation of land, and integration of natural features that are in combination complementary to Portage.
Any other types of planned developments will not be permitted.

 

(Ord. No. 05-41, § 1, 8-2-05)

Sec. 90-7.2. - General.

Planned developments are a special district that can be pursued by an applicant.

(Ord. No. 05-41, § 1, 8-2-05)

Sec. 90-7.3. - Rezoning to a planned development district.

Planned development districts can only be created from the R1, R2, R3, M1, M2, MW, OC, C1, C2, HC, BP and LI zoning districts. From each of these zoning districts (called base zone district during the application process) the following planned development districts can be created once the detailed development plans are approved by the plan commission. They are:

• R1 districts can only be rezoned to PD-R1.

• R2 districts can only be rezoned to PD-R2.

• R3 districts can only be rezoned to PD-R3.

• M1 districts can only be rezoned to PD-M1.

• M2 districts can only be rezoned to PD-M2.

• MW districts can only be rezoned to PD-MW.

• OC districts can only be rezoned to PD-OC.

• C1 districts can only be rezoned to PD-C1.

• C2 districts can only be rezoned to PD-C2.

• HC districts can only be rezoned to PD-HC.

• BP districts can only be rezoned to PD-BP.

• LI districts can only be rezoned to PD-LI. (b) No other zoning district can be rezoned directly to a PD district. An applicant may first ask that a property be rezoned to a zoning district that allows PD districts. Further, if an applicant wants a PD district based on a different base zone a successful rezoning request to change the existing zoning district to the preferred base zone must first be accomplished.

(Ord. No. 05-41, § 1, 8-2-05)

Sec. 90-7.4. - Planned development uses.

Planned developments may contain mixed uses. Depending on the previous zoning the maximum overall square footage allowed by type is as follows:

Base Zone District PD District Residential Commercial Manufacturing
R1 PD-R1 100% 15% 0%
R2 PD-R2 100% 20% 0%
M1 PD-M1 100% 30% 0%
M2 PD-M2 100% 40% 0%
MW PD-MW 100% 100% 0%
OC PD-OC 50% 100% 0%
HC PD-HC 30% 100% 0%
C1 PD-C1 40% 100% 0%
C2 PD-C2 40% 100% 0%
BP PD-BP 20% 40% 100%
LI PD-LI 0% 20% 100%

 

(Ord. No. 05-41, § 1, 8-2-05)

Sec. 90-7.5. - Origination of proposals.

Any applicant may propose a planned development district in accordance with the procedures in article IX. Further, the applicant making such a proposal must intend to act as developer or sponsor of the development. A parcel or site proposed for a planned development need not be under single ownership. However, if not under single ownership, the multiple owners must have a contractual agreement not to develop the parcels separately, but in accordance with a single, unified plan, and in which the separate owners have given their express intentions to enter into such private agreements and to assure its completion as planned to the satisfaction of the plan commission.

(Ord. No. 05-41, § 1, 8-2-05)

Sec. 90-7.6. - Limitation of rezoning.

Any initiative of the plan commission to amend the zoning ordinance or subdivision control ordinance that would benefit the public health and safety may be imposed on an approved planned development. Also, in the case that the planned development is no longer in conformity with the approved detailed construction or development plans, or is not proceeding in accordance with the time requirements imposed herein or by agreement, any new amendments of the zoning ordinance or subdivision control ordinance may be imposed on the planned development.

(Ord. No. 05-41, § 1, 8-2-05)

Sec. 90-7.7. - Drafting of a planned development ordinance.

The director of community development shall be the author of the planned development ordinance language, unless that role is delegated to the petitioner by the director. In the planned development ordinance the general intent of the zoning ordinance and subdivision control ordinance shall be used as a foundation for regulations. Development standards and subdivision regulations that assure public safety shall be included.

(Ord. No. 05-41, § 1, 8-2-05)