Troy City Zoning Code
ARTICLE V
Overlay Districts
Section 405.160 "PD" Planned Development Overlay.
[R.O. 2006 §405.110; Ord. No. 503A, 7-17-2000]
A.
Purpose. It is the purpose of this district to allow a "Planned Development Overlay" to:
1.
Permit greater flexibility and variety in site planning and project design (e.g. placement of buildings, open space, circulation, parking) resulting in a more efficient, aesthetic and desirable use of land;
2.
Provide for modification of certain district regulations; and
3.
Provide for a potential mixture of uses in a single structure or multiple structures on the same lot or parcel.
B.
Authority. The Board of Aldermen shall have the authority to approve the final "PD" plan as a legislative act. Such plans may be considered by the Board of Aldermen only after the Planning and Zoning Commission has reviewed the plans and submitted its recommendations to the Board.
C.
Scope Of Provisions. The "PD" designation constitutes an "overlay" district and is intended to be attached to the applicable zoning district constituting the underlying zoning. The "PD" designation may be attached to a parcel of land at the time of a rezoning request, or may be attached to a parcel of land under the zoning district classification at the date of application for a "PD" designation. The "PD" designation may be applied to a residential, commercial, industrial, or a mixed residential/non-residential development.
D.
Permitted Uses. Permitted uses shall be in conformance with the permitted uses of the respective district(s) in which the proposed "PD" is to be located. The existing zoning or proposed zoning classification shall determine the general range of uses permitted. A "PD" may consist of a mixture of housing types; a mixture of residential and commercial uses, with commercial uses being supportive and subordinate to residential uses and limited to a certain percent of the total floor area of the proposed development; or a mixture of commercial and industrial uses. Recreational uses can be included in planned developments. Permitted uses specific to a "PD" shall be specified in the ordinance governing the "PD".
E.
Minimum Lot Area. The area required to establish a "PD" shall be a minimum of three (3) acres for all planned developments.
F.
Density Regulations.
1.
The number of dwelling units and/or square footage of floor area of commercial and industrial establishments shall be established in the conditions of the ordinance governing the Planned Development District.
2.
The average density of development within a "PD" shall be in conformance with and not exceed that permitted in the underlying zoning district. The area reserved for common ground and environmentally sensitive areas (e.g. steep slopes, floodplains, wetlands) not used for development can be included in the area calculations to determine the permitted number of units or square foot of development permitted on the parcel.
G.
Yard Requirements.
1.
Front, side and rear yard setback requirements shall be established in the conditions of the ordinance governing the Planned Development District.
2.
A development (buildings) may be clustered and located irrespective of setback requirements or lot lines of the underlying zoning district when deemed appropriate by the Planning and Zoning Commission and Board of Aldermen. This flexibility in site development is designed to create a smaller network of streets and utility lines and to create functional open space areas.
H.
Height Requirements. Height requirements shall be established in the conditions of the ordinance governing the Planned Development District.
I.
Parking And Loading Requirements. Parking requirements shall be established in the conditions of the ordinance governing the Planned Development District.
J.
Landscaping Requirements. Landscaping requirements shall be established in the conditions of the ordinance governing the Planned Development District.
K.
Sign Regulations. Sign regulations shall be established in the conditions of the ordinance governing the Planned Development District.
L.
Application Procedure. Application for a "PD" designation shall be filed with the City Engineer. The application may be for a "PD" designation only or may accompany a zoning amendment application for the same parcel. The application shall include a site development plan in addition to the following information:
1.
Name of the proposed "PD" project.
2.
Names, addresses and phone numbers of the owner(s) of record and engineer, surveyor or other professional responsible for the planning, engineering and design of the project.
3.
A scaled map of the proposed "PD".
4.
Current zoning and proposed zoning if a zoning amendment is requested with the "PD".
5.
Acreage in the proposed "PD".
6.
Legal description of the "PD".
7.
Any proposed deed restrictions, protective covenants, and/or homeowners' association articles of incorporation and bylaws.
8.
Signature(s) of applicant(s) and owner(s) certifying accuracy of the requested information.
9.
Any additional information as deemed necessary and requested by the City Engineer.
M.
Development Plan Requirements. Information required on the submitted site development plan shall comply with the requirements for site plans as outlined in Article XIV, Section 405.600 of this Chapter. In addition, the following information shall be included in the "PD" site plan data:
1.
For a residential "PD", estimated total number of residential units; breakdown of the type of residential units (single-family, two-family, multi-family, condominium); average square feet of land area per residential unit; overall density of residential units; a listing and breakdown of any non-residential land uses.
2.
For a commercial or industrial "PD", estimated total building square footage by land use type; percent building coverage by land use type; total parking by land use type and parking ratio.
N.
Review And Processing Procedure. Review and processing of a "PD" application by the City follows the same requirements and procedures as outlined in Article XVII, Procedure for Rezoning and Amendments.
O.
Amendment Of A "PD". A "PD" which has been approved by the Board of Aldermen may be subsequently amended by the same procedure as followed for the original approval.
P.
Time Limits Of Approval And Construction. Approval of a final site plan for a "PD" shall expire and be void one (1) year after the date of approval unless construction has begun and is diligently pursued in accordance with the approved plan. Upon expiration of the approved plan, the Board of Aldermen shall be authorized to require the refiling and review of the plan by the Planning and Zoning Commission and Board of Aldermen. Development of the approved "PD" shall be completed within two (2) years of the date of the approval of the site plan.
Q.
Extension Of Time Limits. The time limits as set forth above may be extended by the Board of Aldermen if good and justifiable cause for not being able to comply with such time limits is shown by the applicant/developer.
Section 405.165 "FP" Floodplain Overlay.
[R.O. 2006 §405.115; Ord. No. 503A, 7-17-2000]
A.
Purpose. There are areas within and adjacent to the City of Troy which consist of flood hazard areas comprising floodways and associated 100-year floodplains. It is the purpose of this Section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or flood heights or velocities; to require that uses vulnerable to floods be protected against flood damage at the time of initial construction; to control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters; and to control filling, grading, dredging and other development which may cause erosion and/or flood damage.
B.
Scope Of Provisions.
1.
This Section shall be applicable to all flood hazard areas as identified by the City of Troy or as designated on the Flood Insurance Rate Map (FIRM) for the City of Troy and adjoining areas and shall also include such areas that may be determined by the City to have actual flooding or flood risk, but due to flood course or topographic changes or clerical error have been mistakenly omitted from designation on the FIRM. Flood hazard areas include both the "floodway" and "floodway fringe". These provisions shall be applicable to any territory subsequently annexed by the City.
C.
Overlay Designation. The "FP" designation constitutes an "overlay" district with the applicable zoning district constituting the underlying zoning. This Section controls in the case of any conflict between the regulations contained in this Section and the regulations otherwise applicable by virtue of its "underlying" zoning.
D.
Floodplain Development Permit. A floodplain development permit shall be required for all proposed construction or other developments, including the placement of manufactured homes, within the flood hazard areas as identified as any numbered or unnumbered "A" Zones and "AE" Zones on the FIRM. A floodplain development permit shall be furnished by the City and shall be filed by the applicant with the City Engineer and include the following information:
1.
Description of the land (lot, block, tract, street address) on which the proposed work is to be completed.
2.
Identification and description of the work to be included under the floodplain development permit.
3.
Description of the use or occupancy for which the proposed work is intended.
4.
Specification of whether the proposed use or occupancy is within the designated floodway or floodway fringe.
5.
Current assessed valuation of the structure and fair market value of the improvement.
6.
Existing base flood elevation and the first (1st) floor elevation of the proposed development.
7.
Plans and specifications for the proposed construction.
E.
General Standards. The following are required for all developments in flood hazard areas:
1.
A "No-Rise Certification" shall be provided by a registered professional engineer demonstrating that the development shall not result in any increase in the base flood elevation. The analysis for the no-rise certification must be calculated and evaluated on a lot/parcel basis only.
2.
All new construction, including manufactured housing and substantial improvements, shall be designed and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads. Manufactured housing must be anchored in accordance with local Building Codes or FEMA guidelines in addition to applicable State and local anchoring requirements.
3.
All new construction and substantial improvements shall be constructed with materials resistant to flood damage.
4.
All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
5.
All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
6.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
7.
All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharged from the systems into floodwaters.
8.
On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
9.
The storage or processing of materials that are in the time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation.
10.
Compliance with all requirements as contained in the City's Flood Hazard Prevention Ordinance (Chapter 420).
11.
All use and development of the floodway is prohibited involving any encroachment, including fill, new construction or material improvement of any existing structure, unless certification by a registered professional engineer is provided to and approved by the City Engineer that the development will not result in any increase in flood levels during occurrence of the base flood discharge. Recommended uses for the floodway include the following: agricultural uses; loading and parking areas; recreational uses; and wildlife refuge and nature preserves.
F.
Permitted Uses And Development. Property within this overlay district may be used and developed in accordance with the regulations for permitted and conditional uses of the underlying zoning district if the above standards and following conditions are met:
1.
The property is placed in such a condition as to effectively and without increasing the flooding problems of other properties, remove the property from flooding. Effective removal of the property from flooding requires that all new construction and substantial improvements have the lowest floor (including basement) elevated one (1) foot (freeboard) above the base flood elevation. A registered professional engineer shall certify that these standards are satisfied.
2.
Submittal of a flood protection plan by the property owner or developer to the City. The plan must include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan for flood protection; the effect of the proposed development or improvement on the flooding of other properties; and other hydrological problems as may result from the development or improvement. Such plans shall be approved by the City prior to the issuance of a building permit.