Rose Hill City Zoning Code
PLANNED UNIT
DEVELOPMENTS
§ 154.205 GENERALLY.
Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to guide the recommendations of the Planning Board and the action of the Town Board.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.206 PURPOSES.
Some specific purposes to the planned development procedure are: to offer recreational opportunities close to home; to enhance the appearance of neighborhoods by the conservation of streams and local spots of beauty; to add to the sense of spaciousness through the preservation of natural green spaces; to counteract the effects of urban monotony and congestion in the streets; to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions; to promote harmonious architecture between adjacent dwellings or institutional buildings; and to encourage the placement of structures in proper relationship to the natural characteristics of the site.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.207 REQUIRED INFORMATION.
(A) Generally. The developer shall be required to submit the following information, and any other information that may be required by the Planning Board or the Town Board.
(B) Specifically.
(1) The site plan drawn to a scale of at least 400 feet to an inch indicating the arrangement and tentative location of buildings, uses permitted, land to be preserved as permanent common open space, parking and loading spaces, and other special features of the development plan. The site plan shall also show in detail the sizes and location of all utilities (water and sewer lines) in conformance with and having the approval of the administration of the town. The plan shall also show all necessary drainage systems for the development and for the protection of adjoining properties;
(2) Determination shall be made on the impact of the development on the existing services provided by the town, such as water and sewer lines, outside the limits of the development that would require additional expenditures of tax monies, either from the General Fund or bond issues;
(3) A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed development;
(4) A draft of any proposed incorporation agreement and a draft of any bylaws or easement declaration concerning maintenance of recreational and other common facilities; and
(5) Data on the market potential necessary to support the location of the site and the size of uses in any planned development.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.208 EXCEPTIONS.
The Planning Board may recommend and the Town Board may authorize that there be in part of the area of the development, and for the duration of the development, special uses not permitted by the use regulations of the district in which the development is located, provided that the Planning Board and Town Board shall find that:
(A) The uses permitted by the exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;
(B) The uses permitted by the exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;
(C) Not more than 30% of the ground area nor more than 50% of the gross floor area of the development shall be devoted to the use permitted by the exception; and
(D) If the sign regulations of this chapter are too restrictive for such a planned unit development, in which case specific exceptions, both as to type and degree, shall be set down in writing as conditions to the special use.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.209 BULK REGULATIONS.
In the case of any planned unit development, the Planning Board may recommend and the Town Board may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of the development, provided that the Planning Board and Town Board shall find that:
(A) The exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of the development as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots;
(B) Spacing between principal buildings shall be at least equivalent to the spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots. It does not apply in corner-to-corner placement of buildings where perpendicular wall exposures do not overlap, due consideration being given to the openness normally afforded by intervening streets and alleys;
(C) Along the periphery of the planned unit developments, yards shall be provided as required by the regulations of the district in which the development is located; and
(D) In a residential planned unit development, the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and then increasing this number by 15%. Net
development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area and deducting 10% of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside for common open or recreational use may be included in determining the number of dwelling units permitted.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.210 DESIGNATION OF PERMANENT COMMON OPEN SPACE.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PERMANENT COMMON OPEN SPACE. Any land held and developed as permanent open space or any land dedicated to the public as parks, playgrounds, parkway medians, landscaped green space, schools, community centers, or other similar areas held in public ownership or covered by an open space easement.
(B) Designation. No plan for a planned unit development shall be approved unless the plan provides for permanent open space equivalent to 20% of the total area in single-family residential planned unit developments, 30% in multiple-family planned unit developments, and 5% in business and industrial planned unit developments.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)
§ 154.211 MINIMUM LOT AREA IN RESIDENTIAL PLANNED UNIT DEVELOPMENTS.
Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of § 154.209(D) and provided that the permanent common open space is in accord with § 154.210, the planned unit development may include minimum lot areas per dwelling unit which are less than required in the applicable zoning district.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021)