Swanton City Zoning Code
ARTICLE 150
23 PLANNED RESIDENTIAL DEVELOPMENT OVERLAY DISTRICT REGULATIONS
§ 150.231 PURPOSE.
The purpose of the Planned Residential Development Overlay District (PRDO) and associated regulations is to encourage and accommodate unique, well-designed, unified residential developments through flexible site planning concepts that are consistent with the Village’s planning policies and which would not otherwise be achievable in a standard residential district pursuant to this Zoning Code. More specifically, these PRDO regulations are intended to:
(A) Encourage site design practices that provide for efficient layout of infrastructure and preserve open space and natural features, while maintaining density control compatible with the base zoning district.
(B) Foster a variety of housing types and styles for village residents.
(C) Encourage development that minimizes roadway lengths to reduce maintenance and snow plowing; clusters uses to minimize the length of water, sewer and other utility lines; minimizes impervious surfaces and maximizes natural stormwater detention and percolation.
(Ord. 2023-03, passed 2-27-2023)
§ 150.232 DESIGNATION OF PRD OVERLAY DISTRICT.
An overlay district is a mapped zone that establishes a development option with a set of design requirements that are in addition to those of the base zoning district, so that any parcel of land lying in a PRD Overlay District shall also lie in one or more base district. The PRD Overlay District gives property owners the ability of developing according to the PRDO regulations in a manner that is compatible with the underlying and/or surrounding base districts.
(Ord. 2023-03, passed 2-27-2023)
§ 150.233 SCOPE OF REGULATION.
The provisions in this Article 150.23 set forth the list of permitted uses and flexible site planning requirements that govern the design and layout of a Planned Residential Development and the terms and conditions governing the development review and approval process.
(A) Relationship to Base District.
(1) In the PRD Overlay District, the use and dimensional specifications of the base zoning district are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
(2) The base zoning district shall be used as a guide for development, with any adjustment relative to use, density and building layout reviewed and approved through the PRDO review process set forth in § 150.240.
(3) In the event a proposed PRD is located in more than one base zoning district, the regulations of base zoning district with the highest density shall be used as the guide for the entire project.
(B) The standards contained in this Article prevail whenever there is a conflict or difference between the provisions of this Article and those of other Articles and Sections in this Zoning Code.
(C) If a provision found elsewhere in this Zoning Code has not been explicitly modified by this Article, the standard shall govern unless such standard is waived by the Planning Commission and/or Council, as applicable pursuant to § 150.241.
(Ord. 2023-03, passed 2-27-2023)
§ 150.234 MINIMUM DISTRICT AREA.
(A) A site of ten (10) contiguous acres or more with a minimum of 200 feet of frontage shall be required for application of the PRD Overlay District, unless specifically permitted otherwise.
(B) The Planning Commission and Village Council may approve a rezoning to the PRD Overlay District for an area less than ten (10) acres when it finds that:
(1) Ownership of adjacent land cannot be readily consolidated to reach the ten (10) acre minimum, or restrictions on the abutting property prevent the developer from reasonably acquiring the additional land necessary to satisfy the minimum area required;
(2) The smaller land area has unique features that cannot be preserved if the parcel is developed applying the standard requirements for a major residential development;
(3) The proposed project will not have any unreasonable or adverse impacts on adjacent areas; and
(4) The proposed project will yield a sufficient number of residents to adequately fund and maintain all common areas, including private infrastructure in the PRD.
(Ord. 2023-03, passed 2-27-2023)
§ 150.235 USE REGULATIONS.
(A) Use Schedule Summary. Schedule 150.235(C) sets forth the uses allowed in a PRD Overlay District. The abbreviations used in the Schedule indicate the following:
(1) A “P” indicates that the use is allowed as a principal use.
(2) An “A” in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal use listed in Schedule 150.235(C).
(3) Use-Specific Standard Cross-Reference. An “*” in the “Allowed Use” column indicates that a Use-Specific Standard cross-referenced in the right-hand column of the Schedule applies to the use.
(B) Additional Uses. Additional uses may be authorized for a PRD as part of the rezoning and preliminary plan approval, provided the Planning Commission and Village Council find that:
(1) The additional uses are necessary or desirable and are appropriate with respect to the purpose and character of the PRD.
(2) The additional uses will not create a detrimental influence on the neighborhoods surrounding the PRD, or upon the internal character of any part of the PRD itself.
(C) Schedule 150.235(C) Permitted Uses. Schedule 150.235(C) sets forth the uses allowed in a PRD Overlay District. The abbreviations used in the Schedule are defined in § 150.235(A).
Districts Allowed Use | Use Specific Standards | |
(1) Single Family Dwelling – Detached | P | |
(2) Single Family Dwelling - Attached | P | |
(3) Family day care home, Type B (1-6 children) | P* | § 150.219 |
(4) Group Home, small | P* | |
(5) Accessory Uses | ||
A. Fences, walls | A* | § 150.402 |
B. Private garages | A | |
C. Other accessory structures approved as part of the preliminary plan | A | |
D. Home occupation | A* | § 150.220 |
E. Community recreation facilities for use of residents of the PRD | A | |
F. Signs | A* | § 150.356 |
(Ord. 2023-03, passed 2-27-2023)
§ 150.236 MAXIMUM DENSITY.
(A) The maximum gross density in a PRD shall be as set forth in Schedule 150.236(A) as determined by the base zoning, except as otherwise permitted in § 150.236(B) and § 150.236(C).
(B) Notwithstanding § 150.236(A), the Planning Commission and Village Council may approve a preliminary development plan with a greater maximum gross density at the time a rezoning application is being considered in compliance with the following.
(1) The Planning Commission and Village Council shall find that:
(a) The density of the underlying zoning is inappropriate or unreasonable for the land being considered for a PRD based on, but not limited to, such factors as: location, adjacent uses, current community objectives, and natural constraints;
(b) The land, at the time of rezoning is not in an R-E, R-1, R-2, or R-3 District; and
(c) The density will have no material adverse impact on the adjacent properties compared to other reasonable uses that might be contemplated for the property.
(2) In such case, the Planning Commission and Village Council shall establish the maximum gross density in the ordinance adopting the PRD Overlay District.
(C) Notwithstanding § 150.236(A), the Planning Commission and Village Council may establish a lower maximum gross density for a proposed development when it finds that the PRD, at the density permitted in § 150.236(A), will have an adverse effect on the character of the immediate residential area when considering any one or more of the following:
(1) The unusual size and shape of the PRD parcel.
(2) The location and extent of sensitive natural areas such as floodplain, steep slopes, streams, and wetlands.
(3) Limited size or shape of buildable area(s) because of characteristics in subsection (C)(1) and (C)(2) above.
(4) The proximity of adjacent buildings and/or structures.
(5) The actual lot sizes of the immediate residential area.
(Ord. 2023-03, passed 2-27-2023)
§ 150.237 RESTRICTED OPEN SPACE REQUIREMENTS.
(A) Minimum Area. A minimum of twenty-five percent (25%) of the total land area in the Planned Residential Development (PRD) shall be designated as restricted open space.
(B) Use of Restricted Open Space. Areas designated as restricted open space shall be provided according to the following:
(1) Irreplaceable natural features shall be included in the restricted open space and conserved to the maximum extent feasible. Examples of irreplaceable natural features include, but are not limited to, streams, significant stands of mature trees, significant habitat, unique flora, wetlands, rock outcroppings and ravines.
(2) A minimum area of 260 square feet of open space for every dwelling unit shall be devoted to active recreation. Useable recreation opportunities shall include active recreational activities such as playgrounds with play apparatus, court games areas, walking/jogging trails and the like provided for the residents of the Planned Residential Development.
(3) Stormwater management facilities may be located partially or entirely within restricted open space areas, not to exceed 5% of the restricted open space area. Where such facilities are so located, easements satisfactory to the Planning Commission shall be established to require and enable maintenance of such facilities by the appropriate parties.
(C) Calculating Restricted Open Space. In order to encourage the creation of large areas of contiguous open space, the following areas do not qualify when calculating restricted open space:
(1) Public street right-of-way or private street easement;
(2) Parking areas, access drives, common drives and driveways, except as permitted by the Planning Commission to provide access to facilities in the restricted open space;
(3) Required setbacks from project boundaries and streets for buildings and parking areas;
(4) Required spacing between buildings and between buildings and parking areas; and
(5) Private yards within a sublot.
(D) Design Criteria for Restricted Open Space.
(1) The suitability of open space for scenic value and purposes shall be determined by its visibility from dwelling units and the length of the streets, sidewalks, or walking trails from which it is visible.
(2) The usability of open space intended for recreation or scenic use shall be determined by the size, shape, topography, and location requirements of the particular recreational activity.
(3) Open space areas within the PRD shall be interconnected.
(4) An open space area may vary in width but shall not be less than 50 feet wide at any point.
(E) Treatment of Restricted Open Space. Any area within the restricted open space that is disturbed during or after construction and is not preserved or restored to its natural state, shall be landscaped with vegetation that is compatible with the remaining flora and trees in the restricted open space.
(F) Ownership of Restricted Open Space. Restricted open space shall be owned by the PRD’s Homeowners Association or a land trust or other conservation organization approved by the Village. A Homeowners Association which takes title to the restricted open space shall comply with § 150.224 Requirements for Homeowners Associations. Further division or development of the restricted open space shall be prohibited unless the Final Development Plan (FDP) is amended.
(Ord. 2023-03, passed 2-27-2023)
§ 150.238 DEVELOPMENT AND SITE PLANNING STANDARDS.
The developer shall comply with the following development standards in the design and layout of a PRD.
(A) Building Requirements. Single-family attached dwellings shall not have more than six units attached in a single building
(B) Minimum Setbacks. All buildings, structures and parking areas shall comply with the minimum setbacks in Schedule 150.238(D).
(C) Minimum Spacing between Buildings. To promote privacy and separation, individual buildings including terraces, decks and patios, shall be separated by the minimum distance in Schedule 150.238(D). The Council may approve a waiver reducing the distance of building separation when adequate landscaping and screening are provided to create privacy between dwelling units. The following definitions shall apply to terms used in this Section.
(1) Front Wall. The outside wall of a building that contains the primary entrance to the dwelling unit and the principal windows of the living, family, or dining room.
(2) Rear Wall. The outside wall of a building that contains the principal windows of any living, family or dining room but not the primary entrance to the dwelling unit.
(3) Side Wall. An outside wall that does not contain the primary entrance or principal windows to a living, family or dining room; the wall may contain other windows or have no openings.
(D) Schedule 150.238(D).
PRD | |
(1) Setback from public right-of-way of an Existing Public Street | 50 ft. |
(2) Setback from PRD boundary, other than a public street | 50 ft. |
(3) Setback from interior street: | |
(a) Public right-of-way | 25 ft. |
(b) Private street - pavement or sidewalk line | 30 ft. |
(4) Spacing between buildings: | |
(a) Between 2 front walls | 50 ft. |
(b) Between 2 side walls | 10 ft. |
(c) Between a side wall and a front or rear wall | 25 ft. |
(d) Between 2 rear walls | 40 ft. |
(E) Lot Requirements.
(1) There is no minimum lot size or minimum lot width for individual lots or sublots. However, when lots for standard detached one-family dwellings or landominium sublots for one-family cluster dwellings or one-family attached dwellings are included as part of a PRD, such lots or sublots shall be of sufficient size and shape to accommodate dwelling units in compliance with the spacing requirements of this section.
(2) Each dwelling shall have a dedicated access easement with a minimum width of twelve (12) feet to a public right-of-way or private street.
(3) Land not owned by an individual dwelling unit owner shall be designated as common area and owned and controlled by the owner’s association.
(4) All fee simple lots, common areas, building site boundaries and building footprints that indicate where the dwelling unit and accessory structures such as decks and patios will be located, shall be shown on the development plan. The setbacks for each building location shall be shown to establish compliance with the spacing requirements of this Section.
(F) Dwelling Unit Requirements. Each dwelling unit shall comply with the minimum floor area for dwelling units in § 150.216 (Floor Area Requirements for Dwelling Units).
(G) Accessory Uses. The parameters for accessory buildings, structures and uses – such as, but not limited to garages, sheds, patios, decks, fences, pools, etc. - whether in common open space or on individual lots, shall be set forth in the PDP submitted at the time of rezoning. If the PDP or FDP fails to address these matters, then on fee simple lots the requirements of § 150.218 (General Provisions for Accessory Uses and Structures) shall apply.
(H) Parking Requirements.
(2) Additional parking shall be provided at all community facilities including cluster mailbox units, and community recreation facilities.
(I) Protection, Maintenance and Operation of Common Areas. Adequate provision shall be made for the long-term protection, maintenance and/or operation of all common areas within the PRD in compliance with § 150.224 (Requirements for Owners Associations).
(Ord. 2023-03, passed 2-27-2023)
§ 150.239 DESIGN CRITERIA.
(A) The Planned Residential Development shall be planned, designed and constructed in accordance with all applicable requirements in the Land Usage Code, except as otherwise approved by the Planning Commission and Village Council as authorized in § 150.663.
(B) The topography, natural features, views, traffic access and the arrangement of the restricted open space shall be integrated in the arrangement of land uses and buildings on the site.
(C) Individual lots, buildings, dwelling units, and parking areas shall be arranged and situated to avoid the adverse effects of noise, and traffic upon the residents of the property.
(D) Individual lots, buildings, dwelling units and parking areas shall be arranged and situated to promote favorable views from buildings and reduce the visibility of areas of motor vehicle access, ingress and egress.
(Ord. 2023-03, passed 2-27-2023)
§ 150.240 PROJECT SUBMITTAL PROCEDURES.
(A) Establishment of a Planned Residential Development Overlay District requires a change of zoning classification of the property pursuant to Article 150.73, Amendments. The boundaries of the Planned Residential Development Overlay District shall be shown on the Zoning District Map with the symbol “PRDO” followed by the PRD ordinance number (i.e. PRD-XXXX).
(B) A Preliminary Development Plan (PDP) and supporting documentation shall be submitted, reviewed, revised if necessary, and approved concurrently with the rezoning application. The PDP shall be submitted consistent with the requirements of Article 150.65 and reviewed by the Planning Commission and Village Council as prescribed in § 150.657.
(C) Following approval of the rezoning to apply the PRD Overlay District and associated preliminary development plan, the applicant shall proceed in accordance with § 150.658 to complete the development plan review process.
(D) Conditions of Approval. The Planning Commission and Council may impose terms and conditions of approval and grant waiver(s) in accordance with § 150.241, which shall be included in the ordinance adopting the rezoning of the land to the PRD Overlay District, as may be determined necessary to maintain harmony with neighboring uses and to promote the objectives and purposes of the comprehensive plan and the intent of these zoning regulations.
(Ord. 2023-03, passed 2-27-2023)
§ 150.241 WAIVER.
(A) Council may approve a waiver to a requirement set forth in this Article or other section of the Zoning Code or Subdivision Regulations when the applicant proposes an alternative that achieves the objectives of the PRDO; and the waiver result is equivalent to or greater than compliance with the minimum regulation or standard.
(B) The terms and conditions of approval of a PRD shall be stated in the ordinance approving the PRD Overlay District rezoning, which shall serve as a supplement to these regulations.
(C) After adoption of the ordinance approving the PRDO rezoning by Council, the Planning Commission may grant minor waivers with terms and conditions of approval that meet all of the following criteria for minor waivers:
(1) The application for waiver does not require a change in the permitted uses, an increase in the number of dwelling units, or increase in the approved size of nonresidential buildings approved by ordinance.
(2) Application for waiver, if granted, will not be contrary to other provisions of the PRDO regulations.
(3) If the application for a minor waiver does not meet the criteria set forth herein, the application shall be considered by Council. The applicant may appeal the Planning Commission’s decision regarding waiver to Council, in accordance with the requirements of Article 150.69, Appeals and Variances.
(Ord. 2023-03, passed 2-27-2023)
§ 150.242 PHASED DEVELOPMENT.
Each phase of the PRD to be developed shall provide adequate access, parking, storm water management, and other public improvements to serve the PRD phase in compliance with the criteria in this Article. Each phase shall include temporary or permanent transitional features, buffers, or protective areas while a phase is under construction in order to reduce the adverse impact of construction on completed phases, future phases and adjoining property. Restricted open space area shall be provided in each phase of the project generally in proportion to the open space required for the total development. Construction of recreation facilities shall be clearly identified on the plan for each phase.
(Ord. 2023-03, passed 2-27-2023)