Summerset City Zoning Code

PLANNED DEVELOPMENT

DISTRICT

§ 155.155 GENERAL DESCRIPTION.

(A) The purpose of the Planned Development District (PD) is to allow development of undeveloped parcels of land that, by virtue of their visually and/or environmentally unique location, lend themselves to a blend of diverse yet compatible uses, innovative layouts, or sensitive designs.

(B) Development of such parcels shall be accomplished while meeting public requirements, including preservation, promotion, and protection of open space, scenic vistas, and natural resources, by the application of extra administrative controls.

(C) All final plans in the Planned Development District shall be recommended by the Planning and Zoning Board and approved by the Board of Commissioners under the procedure set forth in § 155.159. Final approval by the Board of Commissioners is deemed to be an administrative act not subject to referendum.

(Ord. passed 2-3-2011, § 2.24.010)

§ 155.156 USES PERMITTED.

Unless expressly prohibited in § 155.157, the following uses are permitted:

(A) Any permitted and conditional use in the AG-Agricultural District;

(B) Any permitted and conditional use in the R-1 Single-Family Residential, R-2 One- and Two- Family Residential, and R-3 Multi-Family Residential Districts; and

(Ord. passed 2-3-2011, § 2.24.020)

§ 155.157 USED PROHIBITED.

The following uses are prohibited:

(A) New and used vehicle or machinery sales and service;

(B) Manufactured home sales;

(D) Truck terminals, stand-alone warehouse facilities;

(E) Use requiring unscreened outside storage;

(F) Industrial uses; and

(G) Off-premises signs unless already located on the property.

(Ord. passed 2-3-2011, § 2.24.030)

§ 155.158 MINIMUM REQUIREMENTS FOR IMPROVEMENTS AND DESIGN.

(A) General. Minimum requirements for improvements and design are not subject to modification by the procedure outlined in § 155.159. Projects that exceed the minimum requirements are encouraged.

(B) Area regulations.

(1) Front, side, and rear setbacks and lot width and size are governed by the minimum requirements for parking and open space as described per divisions (C) and (F) below.

(2) Height restrictions are as follows:

(a) Commercial uses: five stories or 60 feet;

(b) Residential uses: five stories or 60 feet; and

(C) Parking. For individual uses or approved as a comprehensive parking plan for integrated uses or for the overall development.

(D) Lighting. All lighting shall be fully shielded, 85% full cut-off fixtures.

(E) Signs. As regulated for individual uses, or approved as a comprehensive signage plan for the overall development when evaluated as a whole, all illuminated signage shall be down-lighted or back-lighted;

(F) Open space.

(1) Common open space. A minimum total area of 10% of the land included in the application shall be comprised of common open space, which shall be used for amenity or active or passive recreational use. Open space containing natural features may be left unimproved. Designated amenities including parks, playgrounds, and the like shall be installed immediately or bonded.

(2) Individual lot open space. Commercial: 20%; all other uses: 30%.

(G) Landscaping.

(1) Each application shall include a comprehensive landscaping plan showing the location and species of all plant materials and an irrigation plan, meeting the minimum requirements of the §§ 155.295 through 155.304.

(2) Additional requirements in the form of berms, open yard buffer areas, landscape islands, and live and/or constructed screening are encouraged and may be imposed as conditions of landscape plan approval.

(H) Transportation system. Each application shall include a transportation plan showing points of ingress and egress, circulation pattern, and integration with the system to which it relates.

(1) All streets, sidewalks, pedestrian ways, and rights-of-way to be dedicated to the city shall conform to the minimum requirements of the regulations of the city’s ordinances, as adopted and in effect when the plan is approved.

(2) All streets, sidewalks, pedestrian ways, and rights-of-way to remain private shall be subject to approval as part of the overall development plan.

(Ord. passed 2-3-2011, § 2.24.040)

§ 155.159 PROCEDURE.

(A) Initial development plan. When a petitioner wants to request rezoning to the Planned Development District, he or she shall submit his or her request to the Planning Department, showing the information specified in § 155.160, a minimum of 20 days prior to the Planning Commission meeting at which consideration is desired. After the planned development request has been reviewed, the Planning Commission shall make a recommendation to the Board of Commissioners on the requested rezoning. The Board of Commissioners shall then act to approve or deny said request. This request for rezoning is subject to the requirements for amendment of the ordinance specified in § 155.358. No building permit shall be issued within the development until the final development plan is approved and the plat is filed.

(B) Final development plan.

(1) Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in § 155.161 below to the Planning Commission, who shall make a recommendation to the Board of Commissioners on the requested rezoning. The Board of Commissioners shall then act to approve or deny said request. This request for rezoning is subject to the requirements for amendment of § 155.358.

(2) The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.

(3) Signs shall be posted on the property for a continuous period of seven days immediately prior to any public hearing held by the Planning Commission or Board of Commissioners to consider any final development plan. Said signs shall be furnished by the city and posted by the applicant in the numbers and locations prescribed by the Administrator.

(1) Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved with a public hearing in the same manner as provided for in § 155.357.

(2) Minor amendments.

(a) Minor amendments to the initial and/or final development plan shall be required to be approved by the Planning Commission. Notice of such hearing shall be given by the posting of not less than four signs provided by the city.

(b) Minor amendments to the initial development plan may also be made by the submission and approval of a final development plan which is changed from the approved initial development plan. Any such amendments shall be shown as a change from the initial development plan on the final development plan.

(3) Minimal amendments. Minimal amendments to the final development plan shall be submitted to the Administrator on a reproducible development plan showing the requested changes. The Planning Director may then approve such change in writing if she or he deems it appropriate.

(Ord. passed 2-3-2011, § 2.24.050)

§ 155.160 INITIAL DEVELOPMENT PLAN.

Upon application for rezoning to Planned Development District, the petitioner shall present an initial development plan to the Planning Commission for review and to the Board of Commissioners for its approval showing the following information:

(A) Project name and legal description;

(B) A preliminary subdivision plan in compliance with Chapter 151; and

(a) The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed non-residential buildings, and their square footage;

(b) The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such densities undesirable;

(c) The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such setbacks undesirable;

(d) The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such heights undesirable;

(e) Proposed design features illustrating compatibility to the surrounding environment and neighborhood; and

(f) Anticipated subarea development sequence.

(2) In addition, the developer shall provide an eight and one-half by 11-inch scaled rendering on Mylar of the approved initial development plan showing each of the subareas.

(Ord. passed 2-3-2011, § 2.24.060)

§ 155.161 FINAL DEVELOPMENT PLAN.

(A) Prior to construction on any lots in the Planned Development Zoning District, the petitioner shall present a final development plan to the Planning Commission for review, and to the Board of Commissioners for its approval showing the following information:

(B) (1) Final development plan approval shall expire one year from the date upon which it becomes effective if no work has commenced. Upon written request to the Administrator and prior to the final development plan approval expiration date, a time extension for the final development plan approval may be granted.

(2) The final development plan shall show the following information:

(a) The subdivision name, the legal description, and the individual project name (if any);

(b) Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;

(d) A scale drawing showing the following information will be required:

1. Size and location of proposed structures including height and number of units;

2. Calculated floor area for each structure and a generic listing of the uses within said structure;

3. Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container;

4. Any sidewalks, bikeways, or other paths;

5. Any outdoor lighting, type, and location, except for standard street lights provided by the city;

6. Landscaping plans showing the type and location of any walls or fences, the placement, size, and species of any trees or shrubs, and berms in areas that will be sod or seeded;

7. All existing and proposed utilities, drainage ways, watercourses, and location of above ground existing utilities on adjacent property;

8. Proposed final ground contours;

9. Curb cuts and all private drives;

10. Adjacent, existing, and proposed uses;

11. First floor elevation for any structure located in a flood hazard area;

12. Accurate building elevation of all proposed structures;

13. Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities, including private streets;

14. Any subareas proposed for multiple residential development will be required to provide an open area for recreation. Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve;

15. Proposed parking and loading spaces which shall be in conformance with §§ 155.255 through 155.257, except where unique physical, environmental, or design characteristics make such requirements undesirable; and

16. Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan. For example, townhouses on block X shall be developed in conformance with the requirements of the R-1 Residential District.

(Ord. passed 2-3-2011, § 2.24.070)

§ 155.162 AMENDMENTS.

(A) Major amendments. The following changes in an initial and/or final development plan are considered major amendments:

(1) Any change in the proposed land uses shall follow a rezoning process; and

(2) An increase in density above that provided for in division (B)(5) below shall follow a rezoning process.

(B) Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:

(1) Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);

(2) Any change in the number or location of curb cuts;

(3) Any decrease in the size of required open areas;

(4) A minor change in the street pattern;

(5) Any increase in density of a subarea:

(a) Less than 25% for a subarea with less than eight units;

(b) Less than 15% for a subarea with between nine and 20 units; and

(6) Any change in the number of parking spaces;

(7) Any minor change to on-premises signage; and

(8) Any major change in the street pattern.

(C) Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:

(1) Any adjustment of a building within a previously established building envelope;

(2) A reduction in density and scale;

(3) Any minimal change in the street pattern;

(4) Any minimal change in the parking and loading requirements;

(5) Any minimal change to on-premises signage; and

(6) Any adjustment in the size or shape of the building envelope by reducing the building setback by one foot or less.

(Ord. passed 2-3-2011, § 2.24.080)

Summerset City Zoning Code

PLANNED DEVELOPMENT

DISTRICT

§ 155.155 GENERAL DESCRIPTION.

(Ord. passed 2-3-2011, § 2.24.010)

§ 155.156 USES PERMITTED.

Unless expressly prohibited in § 155.157, the following uses are permitted:

(A) Any permitted and conditional use in the AG-Agricultural District;

(B) Any permitted and conditional use in the R-1 Single-Family Residential, R-2 One- and Two- Family Residential, and R-3 Multi-Family Residential Districts; and

(Ord. passed 2-3-2011, § 2.24.020)

§ 155.157 USED PROHIBITED.

The following uses are prohibited:

(A) New and used vehicle or machinery sales and service;

(B) Manufactured home sales;

(D) Truck terminals, stand-alone warehouse facilities;

(E) Use requiring unscreened outside storage;

(F) Industrial uses; and

(G) Off-premises signs unless already located on the property.

(Ord. passed 2-3-2011, § 2.24.030)

§ 155.158 MINIMUM REQUIREMENTS FOR IMPROVEMENTS AND DESIGN.

(A) General. Minimum requirements for improvements and design are not subject to modification by the procedure outlined in § 155.159. Projects that exceed the minimum requirements are encouraged.

(B) Area regulations.

(1) Front, side, and rear setbacks and lot width and size are governed by the minimum requirements for parking and open space as described per divisions (C) and (F) below.

(2) Height restrictions are as follows:

(a) Commercial uses: five stories or 60 feet;

(b) Residential uses: five stories or 60 feet; and

(C) Parking. For individual uses or approved as a comprehensive parking plan for integrated uses or for the overall development.

(D) Lighting. All lighting shall be fully shielded, 85% full cut-off fixtures.

(F) Open space.

(2) Individual lot open space. Commercial: 20%; all other uses: 30%.

(G) Landscaping.

(H) Transportation system. Each application shall include a transportation plan showing points of ingress and egress, circulation pattern, and integration with the system to which it relates.

(2) All streets, sidewalks, pedestrian ways, and rights-of-way to remain private shall be subject to approval as part of the overall development plan.

(Ord. passed 2-3-2011, § 2.24.040)

§ 155.159 PROCEDURE.

(B) Final development plan.

(1) Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved with a public hearing in the same manner as provided for in § 155.357.

(2) Minor amendments.

(Ord. passed 2-3-2011, § 2.24.050)

§ 155.160 INITIAL DEVELOPMENT PLAN.

(A) Project name and legal description;

(B) A preliminary subdivision plan in compliance with Chapter 151; and

(e) Proposed design features illustrating compatibility to the surrounding environment and neighborhood; and

(f) Anticipated subarea development sequence.

(2) In addition, the developer shall provide an eight and one-half by 11-inch scaled rendering on Mylar of the approved initial development plan showing each of the subareas.

(Ord. passed 2-3-2011, § 2.24.060)

§ 155.161 FINAL DEVELOPMENT PLAN.

(2) The final development plan shall show the following information:

(a) The subdivision name, the legal description, and the individual project name (if any);

(b) Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;

(d) A scale drawing showing the following information will be required:

1. Size and location of proposed structures including height and number of units;

2. Calculated floor area for each structure and a generic listing of the uses within said structure;

3. Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container;

4. Any sidewalks, bikeways, or other paths;

5. Any outdoor lighting, type, and location, except for standard street lights provided by the city;

6. Landscaping plans showing the type and location of any walls or fences, the placement, size, and species of any trees or shrubs, and berms in areas that will be sod or seeded;

7. All existing and proposed utilities, drainage ways, watercourses, and location of above ground existing utilities on adjacent property;

8. Proposed final ground contours;

9. Curb cuts and all private drives;

10. Adjacent, existing, and proposed uses;

11. First floor elevation for any structure located in a flood hazard area;

12. Accurate building elevation of all proposed structures;

13. Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities, including private streets;

(Ord. passed 2-3-2011, § 2.24.070)

§ 155.162 AMENDMENTS.

(A) Major amendments. The following changes in an initial and/or final development plan are considered major amendments:

(1) Any change in the proposed land uses shall follow a rezoning process; and

(2) An increase in density above that provided for in division (B)(5) below shall follow a rezoning process.

(B) Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:

(1) Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);

(2) Any change in the number or location of curb cuts;

(3) Any decrease in the size of required open areas;

(4) A minor change in the street pattern;

(5) Any increase in density of a subarea:

(a) Less than 25% for a subarea with less than eight units;

(b) Less than 15% for a subarea with between nine and 20 units; and

(6) Any change in the number of parking spaces;

(7) Any minor change to on-premises signage; and

(8) Any major change in the street pattern.

(C) Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:

(1) Any adjustment of a building within a previously established building envelope;

(2) A reduction in density and scale;

(3) Any minimal change in the street pattern;

(4) Any minimal change in the parking and loading requirements;

(5) Any minimal change to on-premises signage; and

(6) Any adjustment in the size or shape of the building envelope by reducing the building setback by one foot or less.

(Ord. passed 2-3-2011, § 2.24.080)

Summerset City Zoning Code

PLANNED DEVELOPMENT

DISTRICT

§ 155.155 GENERAL DESCRIPTION.

(Ord. passed 2-3-2011, § 2.24.010)

§ 155.156 USES PERMITTED.

Unless expressly prohibited in § 155.157, the following uses are permitted:

(A) Any permitted and conditional use in the AG-Agricultural District;

(B) Any permitted and conditional use in the R-1 Single-Family Residential, R-2 One- and Two- Family Residential, and R-3 Multi-Family Residential Districts; and

(Ord. passed 2-3-2011, § 2.24.020)

§ 155.157 USED PROHIBITED.

The following uses are prohibited:

(A) New and used vehicle or machinery sales and service;

(B) Manufactured home sales;

(D) Truck terminals, stand-alone warehouse facilities;

(E) Use requiring unscreened outside storage;

(F) Industrial uses; and

(G) Off-premises signs unless already located on the property.

(Ord. passed 2-3-2011, § 2.24.030)

§ 155.158 MINIMUM REQUIREMENTS FOR IMPROVEMENTS AND DESIGN.

(A) General. Minimum requirements for improvements and design are not subject to modification by the procedure outlined in § 155.159. Projects that exceed the minimum requirements are encouraged.

(B) Area regulations.

(1) Front, side, and rear setbacks and lot width and size are governed by the minimum requirements for parking and open space as described per divisions (C) and (F) below.

(2) Height restrictions are as follows:

(a) Commercial uses: five stories or 60 feet;

(b) Residential uses: five stories or 60 feet; and

(C) Parking. For individual uses or approved as a comprehensive parking plan for integrated uses or for the overall development.

(D) Lighting. All lighting shall be fully shielded, 85% full cut-off fixtures.

(F) Open space.

(2) Individual lot open space. Commercial: 20%; all other uses: 30%.

(G) Landscaping.

(H) Transportation system. Each application shall include a transportation plan showing points of ingress and egress, circulation pattern, and integration with the system to which it relates.

(2) All streets, sidewalks, pedestrian ways, and rights-of-way to remain private shall be subject to approval as part of the overall development plan.

(Ord. passed 2-3-2011, § 2.24.040)

§ 155.159 PROCEDURE.

(B) Final development plan.

(1) Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved with a public hearing in the same manner as provided for in § 155.357.

(2) Minor amendments.

(Ord. passed 2-3-2011, § 2.24.050)

§ 155.160 INITIAL DEVELOPMENT PLAN.

(A) Project name and legal description;

(B) A preliminary subdivision plan in compliance with Chapter 151; and

(e) Proposed design features illustrating compatibility to the surrounding environment and neighborhood; and

(f) Anticipated subarea development sequence.

(2) In addition, the developer shall provide an eight and one-half by 11-inch scaled rendering on Mylar of the approved initial development plan showing each of the subareas.

(Ord. passed 2-3-2011, § 2.24.060)

§ 155.161 FINAL DEVELOPMENT PLAN.

(2) The final development plan shall show the following information:

(a) The subdivision name, the legal description, and the individual project name (if any);

(b) Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;

(d) A scale drawing showing the following information will be required:

1. Size and location of proposed structures including height and number of units;

2. Calculated floor area for each structure and a generic listing of the uses within said structure;

3. Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container;

4. Any sidewalks, bikeways, or other paths;

5. Any outdoor lighting, type, and location, except for standard street lights provided by the city;

6. Landscaping plans showing the type and location of any walls or fences, the placement, size, and species of any trees or shrubs, and berms in areas that will be sod or seeded;

7. All existing and proposed utilities, drainage ways, watercourses, and location of above ground existing utilities on adjacent property;

8. Proposed final ground contours;

9. Curb cuts and all private drives;

10. Adjacent, existing, and proposed uses;

11. First floor elevation for any structure located in a flood hazard area;

12. Accurate building elevation of all proposed structures;

13. Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities, including private streets;

(Ord. passed 2-3-2011, § 2.24.070)

§ 155.162 AMENDMENTS.

(A) Major amendments. The following changes in an initial and/or final development plan are considered major amendments:

(1) Any change in the proposed land uses shall follow a rezoning process; and

(2) An increase in density above that provided for in division (B)(5) below shall follow a rezoning process.

(B) Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:

(1) Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);

(2) Any change in the number or location of curb cuts;

(3) Any decrease in the size of required open areas;

(4) A minor change in the street pattern;

(5) Any increase in density of a subarea:

(a) Less than 25% for a subarea with less than eight units;

(b) Less than 15% for a subarea with between nine and 20 units; and

(6) Any change in the number of parking spaces;

(7) Any minor change to on-premises signage; and

(8) Any major change in the street pattern.

(C) Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:

(1) Any adjustment of a building within a previously established building envelope;

(2) A reduction in density and scale;

(3) Any minimal change in the street pattern;

(4) Any minimal change in the parking and loading requirements;

(5) Any minimal change to on-premises signage; and

(6) Any adjustment in the size or shape of the building envelope by reducing the building setback by one foot or less.

(Ord. passed 2-3-2011, § 2.24.080)