St Paris City Zoning Code
PLANNED UNIT
DEVELOPMENT
§ 154.230 PURPOSE.
Planned development of land may be permitted in any district to encourage and provide a means for effectuating a more desirable physical development pattern than would be possible through the strict application of the density and dimensional requirements of this chapter.
(Ord. 420, passed 3-4-1981)
§ 154.231 PERMITTED USES.
Only those uses permitted, or conditionally permitted, in each district, or interpreted to be included under §§ 154.015 through 154.023, the schedule of district regulations, contained in the sections listed in § 154.076, may be proposed for development under the planned development approach. Compatible residential, commercial, industrial, public, and quasi-public uses may be combined; provided that the proposed location of the commercial or industrial uses will not adversely affect or disregard adjacent property, public health, safety, morals, and general welfare; and, provided further, that in a residential-commercial-industrial or residential-commercial development the amount of land devoted to commercial and/or industrial usage shall not exceed 50% of the total land area of the development. A variety of housing and building types is encouraged by permitting an increased number of families per acre, as well as by allowing reductions in lot dimensions, yards, building setbacks, and area requirements.
(Ord. 420, passed 3-4-1981)
§ 154.232 GENERAL REQUIREMENTS.
(A) The gross area of the tract to be developed under the Planned Unit Development approach shall comprise not less than ten acres.
(B) The minimum lot size shall not be less than 70% of the lot area per family or use required in the district in which it would otherwise be located. A minimum of 10% of the land developed in a Planned Unit Development project shall be reserved for open space and similar uses.
(C) Lot widths and required yards may be reduced to 80% of the requirement of this chapter.
(Ord. 420, passed 3-4-1981)
§ 154.233 DISPOSITION OF OPEN SPACE.
The amount of open space reserved under a Planned Unit Development shall either be held in corporate ownership by owners of the project area building sites for the use of each owner who buys property within the development, or be dedicated to the village and retained as open space for parks, recreation, and related uses. All land dedicated to the village must meet the Planning Commission’s requirements as to size, shape, and location. Public utility and similar easements, and rights-of-way for watercourses and other similar channels, are not acceptable for open space dedication to the village unless such land or right-of-way is usable as a trail or other similar purpose, and approved by the Planning Commission.
(Ord. 420, passed 3-4-1981)
§ 154.234 RESIDENTIAL LOT LOCATION.
Every property subdivided under the Planned Unit Development shall be designed to abut upon open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used there shall be no more than five townhouse units in any contiguous group. A variety of building setbacks, color, and building materials for contiguous townhouse units is encouraged.
(Ord. 420, passed 3-4-1981)
§ 154.235 DIVERSIFICATION OF LOT SIZES.
A diversification of lot sizes may be permitted within a district without additional dedication or creation of open space; provided the overall density of the project area is not increased; and, provided further, the net residential area per family is not reduced below the minimum requirements of § 154.232.
(Ord. 420, passed 3-4-1981)
§ 154.236 REDUCTION OF PLANNED UNIT DEVELOPMENT AREA.
The minimum tract size to be developed under the Planned Unit Development may be reduced 50% where the proposed development is to contain only residential, commercial, or industrial development; not a mixture of uses.
(Ord. 420, passed 3-4-1981)
§ 154.237 HEIGHT REQUIREMENTS.
For each foot of building height over the maximum height regulations specified in the schedule of district regulations, contained in the sections listed in § 154.076, the distance between such building and the side and rear property lines of the Planned Unit Development project area shall be increased by one foot in addition to the side and rear yard required in the district; provided that this additional setback shall not be considered part of the side and rear yards.
(Ord. 420, passed 3-4-1981)
§ 154.238 COMMERCIAL PLANNED UNIT DEVELOPMENT REQUIREMENTS.
Planned Unit Development of related commercial establishments is encouraged by varying the setback and area requirements. Open space gained through the varying of setback and area requirements is to be used for the development of open plazas, pedestrian malls, tot lots, and other public spaces, and uses with adequate arrangement, design, and planting.
(Ord. 420, passed 3-4-1981)
§ 154.239 COMMERCIAL PROJECTS, SIDE YARDS, REAR YARDS.
Side yards of 30 feet and a rear yard of 40 feet shall be required if the project is to be located adjacent to any residential district or Planned Residential Unit Development.
(Ord. 420, passed 3-4-1981)
§ 154.240 ARRANGEMENT OF COMMERCIAL USES.
(A) The location and arrangement of structures, parking, access drives, outdoor lighting, signs, and other uses and developments in the Planned Commercial Unit Development shall be compatible with the existing and future land use plan.
(C) All areas designated for future expansion, or not intended for immediate improvement or development, shall be landscaped, or otherwise maintained in a neat and orderly manner.
(Ord. 420, passed 3-4-1981)
§ 154.241 INDUSTRIAL PLANNED UNIT DEVELOPMENT REQUIREMENTS.
Planned Unit Development of industrial establishments is encouraged by varying the setback and other requirements if it can be shown that the development results in a more efficient and desirable use of space.
(Ord. 420, passed 3-4-1981)
§ 154.242 INDUSTRIAL PROJECT.
Project side yards of 40 feet and a rear yard of 50 feet shall be required if the project is located adjacent to any residential district or Planned Residential Unit Development.
(Ord. 420, passed 3-4-1981)
§ 154.243 ARRANGEMENT OF INDUSTRIAL USES.
The location and arrangement of structures, parking, access drives, outdoor lighting, signs, storage areas, and other uses and developments in the Planned Industrial Unit Development shall be compatible with the existing and future land use plan. Off-street parking, loading, and service areas shall be provided in accordance with §§ 154.111 through 154.119.
(Ord. 420, passed 3-4-1981)
§ 154.244 PROCEDURE TO SECURE APPROVAL OF PLANNED UNIT DEVELOPMENT.
§ 154.245 PRELIMINARY DEVELOPMENT PLAN; REVIEW.
(A) Preliminary development plan. Three copies of a preliminary development plan shall be submitted to the Planning Commission for an approval in principle of the land uses proposed and their interrelationship. Approval in principle shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility. Any preliminary development plan and text shall be prepared and endorsed by a licensed architect, and shall include the following information presented in a general, schematic fashion:
(1) Proposed location and size of the planned development;
(2) Proposed land uses, population densities, and building intensities;
(3) Proposed parks, playgrounds, school sites, and other open spaces;
(4) Relation to existing and future land use in the surrounding area;
(5) Proposed provision of water, sanitary sewers, and surface drainage;
(6) Proposed traffic circulation pattern, indicating both public and private streets, and access points to public rights-of-way;
(7) A market analysis of proposed commercial uses if the property is not zoned for commercial purposes at the time of submittal of the preliminary development plan;
(8) Proposed schedule of site development; and
(9) Evidence that the applicant has sufficient control over the land to carry out the proposed development plan within five years.
(B) Review. The Planning Commission shall review the preliminary development plan to determine whether the proposed development advances the general welfare of the community 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 Planning Commission’s approval in principle of the preliminary development plan shall be necessary before an applicant may submit a detailed development plan.
(Ord. 420, passed 3-4-1981)
§ 154.246 DETAILED DEVELOPMENT PLAN.
The detailed development plan shall be submitted in five copies, and shall contain the following documents and supporting evidence, prepared and endorsed by a qualified professional team, which shall include a licensed architect, registered land surveyor, and registered civil engineer:
(A) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, existing features of the development site, including specimen trees, structures, streets, easements, utility lines, and land uses;
(B) A detailed development plan which shall be in conformance with the approved preliminary plan, showing, as appropriate, all the information required on the preliminary development plan; the approximate location and sizes of lots, the approximate location and proposed density of dwelling units; nonresidential building intensity; and land use considered suitable for adjacent properties;
(C) A schedule for the development of units to be constructed 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 nonresidential population; proposed retail sales area and economic justification; 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 district or other ordinances governing development;
(D) Engineering feasibility studies and plans showing, as necessary, water, sewer, and other utility installations; waste disposal facilities; surface drainage; street improvements; and nature and extent of earth work required for site preparation and development;
(E) Site plan, showing buildings(s), various functional use areas, circulation, and their relationship;
(F) Preliminary building plans, including floor plans and exterior elevations;
(G) Landscaping plans; and
(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.
(Ord. 420, passed 3-4-1981)
§ 154.247 BASIS OF APPROVAL.
The Planning Commission may recommend that the Board of Zoning Appeals, after a public hearing, approve the detailed development plan; provided the Planning Commission finds that the facts submitted with the application and presented at the hearings establish that:
(A) The proposed development can be completed within five years 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 surrounding 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 development;
(D) Any proposed commercial development can be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed;
(E) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the detailed development plan, in accord with the Planned Unit Development and the adopted policy of the Planning Commission and the Village Council;
(F) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
(G) The Planned Unit Development is in general conformance with the comprehensive plan of the village; and
(H) The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
(Ord. 420, passed 3-4-1981)
§ 154.248 ACTION OF THE PLANING COMMISSION AND BOARD OF ZONING APPEALS.
(A) The Planning Commission shall deny the detailed development plan if, from the facts presented, the Planning Commission is unable to make the necessary findings. The Planning Commission shall certify to the Board of Zoning Appeals the approval, approval with specific amendments, or disapproval of the detailed development plan within 30 days of the date of submission of said plan.
(B) If the Board of Zoning Appeals finds that the proposed Planned Unit Development is consistent with the intent and purpose of this subchapter after a public hearing, it may authorize the Zoning Officer to issue a zoning certificate permitting the Planned Unit Development.
(Ord. 420, passed 3-4-1981)
§ 154.249 APPROVAL BOARD.
(A) The zoning certificate for a Planned Unit Development shall be for a period of five years to allow the preparation and recording of the required subdivision plat and the development of the project. If no development has occurred to effectuate the plan within five years after approval is granted, the approval shall be voided and the land shall revert to the district regulations in which it is located.
(B) An extension of the time limit or modification of the approved development plan may be approved if the Planning Commission and the Board of Zoning Appeals find that such extension or modification is not in conflict with the public interest.
(Ord. 420, passed 3-4-1981)
§ 154.250 OTHER REQUIREMENTS.
(A) Underground utilities, including telephone and electric systems, are required within the limits of all Planned Unit Developments.
(B) Appurtenances to these systems, which can be effectively screened, may be excepted from this requirement if the Planning Commission finds that such exemption will not violate the intent or character of the proposed Planned Unit Development.
(Ord. 420, passed 3-4-1981)