Richwood City Zoning Code
CHAPTER 1163
Planned Unit Development
1163.01 OBJECTIVE FOR PLANNED UNIT DEVELOPMENT.
It shall be the policy of the Village of Richwood to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:
(a) A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yard, building setback and area requirements.
(b) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services.
(c) A development pattern which preserves and utilizes natural topography and geologic features, trees and other vegetation, and preserves the disruption of natural drainage patterns.
(d) A more efficient use of land is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.
(e) A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.
The Village is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning provided the developer can demonstrate that any increment of public cost clearly attributable to increased densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
1163.02 PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENT.
Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this Ordinance, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Ordinance.
1163.03 APPLICATION AND PROCEDURE.
Upon approval by the Planning Commission and the Village Council, a planned unit development district may be applied to any existing residential district. Upon approval of a final development plan, the Official Zoning Map shall be annotated for the land area involved so that the district name includes the notation "PUD". Planned Unit Development districts shall be approved by the Planning Commission and the Village Council in the manner provided in Sections 1163.17 to 1163.30.
1163.04 USES PERMITTED.
Compatible residential, commercial, industrial, public, and quasi-public uses may be combined in PUD districts provided that the proposed location of the commercial and industrial uses will not adversely affect adjacent property, and/or the public health, safety, and general welfare. Lot area and other yard requirements of the residential districts established in Chapter 1153 shall apply except as modified in Sections 1163.10 and 1163.12. The amount of land devoted to commercial and/or industrial use in a residential-commercial-development shall be determined by the Planning Commission and approved by the Village Council.
1163.05 MINIMUM PROJECT AREA.
The gross area of a tract of land to be developed in a planned unit development district shall be a minimum of five (5) acres, provided, however, that smaller parcels may be considered on the basis of their potential to satisfy the objectives of this chapter as stated in Section 1163.01. When the planned unit development proposes a mixture of residential uses with commercial and/or industrial uses, the Planning Commission may limit the development of not more than eight percent (8%) of the tract to commercial uses and not more than twelve percent (12%) of the tract to industrial ones.
1163.06 PROJECT OWNERSHIP.
The project land may be owned, leased, or controlled either by a single person or corporation, or by a group of individuals or corporations. Such ownership may be by a public or private corporation.
1163.07 COMMON OPEN SPACE.
A minimum of ten percent (10%) of the land developed in any planned unit development project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The Planning Commission shall require additional open space contingent upon the deviation of the lot size or density set forth in the Official Schedule of District Regulations. The open space shall be disposed of a required in Section 1163.08. This would not include any pond and/or roadway.
1163.08 DISPOSITION OF OPEN SPACE.
The required amount of common open space land reserved under a planned unit development shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the Village and retained as common open space for parks, recreation and related uses. All land dedicated to the Village must meet the Planning Commissions's requirements as to size, shape, and location. Public utility and similar easements and right of way for water courses and other similar channels are not acceptable for common open space dedication to the Village unless such land or right of way is useable as a trail or other similar purpose and approved the Planning Commission. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
1163.09 UTILITY REQUIREMENTS.
Underground utilities, including telephone and electrical systems are required within the limits of all planned unit developments. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Planning Commissioner find that such exemption will not violate the intent or character of the proposed planned unit development.
1163.10 MINIMUM LOT SIZES.
(a) Lot per area dwelling unit may be reduced by not more than forty percent (40%) of the minimum lot area required in the Official Schedule of Regulations. A planned unit development need not conform to the density requirements of Chapter 1153. A diversification of lot sizes is encouraged.
(b) Lot widths may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.
1163.11 LOTS TO ABUT UPON COMMON OPEN SPACE.
Every property developed under the planned unit development approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where town houses are used, there shall be no more that eight (8) town house units in any contiguous group.
1163.12 HEIGHT REQUIREMENTS.
For each foot of building height over the maximum height regulations specified in Chapter 1155, the distance between such buildings and the side and rear property lines of the planned unit development project area shall be increased by one (1) foot addition to the side and rear yard required in the distance.
1163.13 PARKING.
Off-street parking, loading, and service areas shall be provided in accordance with Chapter 1159. However, off-street parking lot(s) and loading areas shall not be permitted within fifteen (15) feet of any residential use.
1163.14 PERIMETER YARDS.
Notwithstanding the provisions of this chapter, every lot abutting the perimeter of the planned unit development district shall maintain all yard requirements specified in Chapter 1155 for the applicable zoning district.
1163.15 ARRANGEMENT OF COMMERCIAL USES.
When planned unit development districts include commercial uses, commercial buildings and establishments, they shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.
The plan of the project shall provide for the integrated design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding non-commercial areas.
All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.
1163.16 ARRANGEMENT OF INDUSTRIAL USES.
Planned unit development districts may include industrial uses if it can be shown that the development results in a more efficient and desirable use of land.
Industrial uses and parcels shall be developed in park like surroundings utilizing landscaping and any existing woodlands as buffers to screen lighting, parking areas, loading areas or docks, and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic.
Project side yards of forty (40) feet and a rear yard of fifty (50) feet shall be required if the project is located adjacent to any residential uses. All intervening spaces between the right-of- way line and project building line and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and property maintained at all times.
1163.17 PROCEDURE FOR APPROVAL OF PUD DISTRICT.
1163.18 PRE-APPLICATION MEETING.
The developer shall meet with the Zoning Inspector and Commission prior to the submission of the preliminary plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the comprehensive development plan, and major thoroughfare plan, the parks and public open space plan, the subdivision regulations, and the drainage, sewer, and water systems of the Village.
1163.19 CONTENTS OF APPLICATION OF PRELIMINARY DEVELOPMENT PLAN.
An application for preliminary planned unit development shall be filed with the Planning Commission by at least one owner, optionee or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in duplicate:
(a) Name, address, and phone number of applicant.
(b) Name, address, and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan.
(c) Legal description of property.
(d) Description of existing use.
(e) Zoning district(s).
(f) A vicinity map at a scale approved by the Planning Commission, showing property lines, streets, existing and proposed zoning, and such other items as the Planning Commission may require to show the relationship of the planned unit development to the comprehensive plan and to the existing schools and other community facilities and services;
(g) A preliminary development plan at a scale approved by the Commission showing topography at two (2) foot intervals; location and type of residential, commercial, and industrial land uses; layout, dimensions, and names of existing and proposed streets, right of way, utility easements, parks and community spaces, layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas; and such other characteristics as the Planning Commission deems necessary.
(h) Proposed schedule for the development of the site;
(i) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two (2) years.
The application for preliminary planned unit development shall be accompanied by a written statement by the developer setting forth the reasons why, in his/her opinion, the planned unit development would be in the public interest and would be consistent with the Village's statement of objectives for planned unit developments in Section 1163.01.
1163.20 PUBLIC HEARING BY PLANNING COMMISSION.
Within forty (40) days or at the next regularly scheduled meeting after receipt of the preliminary development plan, the Planning Commission shall hold a public hearing.
1163.21 NOTICE OF PUBLIC HEARING BY PLANNING COMMISSION IN NEWSPAPER.
Before holding the public hearing provided in Section 1163.20, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the Village of Richwood at least fifteen (15) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.
1163.22 RESERVED.
1163.23 APPROVAL IN PRINCIPLE; PLANNING COMMISSION.
Within forty (40) days or at the next regularly scheduled meeting after the public hearing required in Section 1163.20, the Planning Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this Ordinance; whether the proposed development advances the general welfare and neighborhood; and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission’s approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility.
1163.24 FINAL DEVELOPMENT PLAN.
After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan approved in principle. Five (5) copies of the final development plan shall be submitted and must be endorsed by a registered civil engineer, and a registered land surveyor.
1163.25 CONTENTS OF APPLICATION FOR APPROVAL OF FINAL DEVELOPMENT PLAN.
An application for approval of the final development plan shall be filed with the Planning Commission by at least one (1) owner, optionee or lessee of property for which the planned unit development is proposed. Each application shall be signed by the owner, optionee or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within one (1) year from the date of issuance of the approval. At a minimum, the application shall contain the following information:
(a) A survey of the proposed development site, showing the dimensions and bearings of the property lines, areas in acres, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses.
(b) All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, non-residential building intensity; and land use considered suitable for adjacent properties.
(c) A schedule for the development of units to be considered in progression and a description of the design principles for buildings and streetscapes, tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated non-residential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from standard zoning districts or other ordinances governing development.
(d) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations, waste disposal facilities, street improvements and the nature and extent of earth work required for site preparation and development.
(e) Site plan, showing building(s), various functional use areas, circulation and their relationship.
(f) Preliminary building plans, including floor plans and exterior elevations.
(g) Landscaping plans.
(h) Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
1163.26 RECOMMENDATION BY PLANNING COMMISSION.
Within thirty (30) days after receipt of the final development plan, the Planning Commission shall recommend to the Village Council that the final development plan be approved as presented, approved with supplementary conditions, or disapproved. The Planning Commission shall then transmit all papers constituting the record and the recommendations to the Village Council.
1163.27 CRITERIA FOR RECOMMENDATIONS BY PLANNING COMMISSION.
Before making its recommendation as required in Section 1163.26, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing established that:
(a) The proposed development can be initiated within one (1) year of the date of approval.
(b) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surroundings uses, but will have a beneficial effect which could not be achieved under standard district regulations.
(c) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
(d) Any proposed commercial development can be justified at the locations provided.
(e) Any exception from standard district regulations is warranted by the design and other amenities, incorporated in the field development plan, in accord with the planned permanent development and the adopted policy of the Planning Commission and Village Council.
(f) The area surrounding said developments can be planned and zoned in coordination and surrounding compatibility with the proposed development.
(g) The planned unit development is in general conformance with the comprehensive plan of the Village.
(h) The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
1163.28 ACTION BY VILLAGE COUNCIL.
Within thirty (30) days after receipt of the final recommendation of the Planning Commission, the Village Council shall initiate action by ordinance to either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is either approved or approved with conditions, the Zoning Inspector shall issue zoning permits only in accordance with the approved final development plan and the supplementary conditions attached thereto.
1163.29 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In approving any planned unit developement district, the Village Council may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this Ordinance and punishable under Section 1141.99.
1163.30 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.
The approval of a final development plan for a planned unit development district shall be for a period not to exceed one (1) year to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within one (1) year after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest.
No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the planned unit development was granted.