(A)   It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for planned development district projects in order to:

      (1)   Encourage well-planned, efficient urban development.

      (2)   Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures.

      (3)   Encourage more creative, higher quality and more ecologically sensitive urban design with special consideration given to projects which incorporate desirable design features, including but not limited to underground parking, orientation or design to take advantage of solar energy, environmental preservation, historic preservation, handicapped accessible structures, unique use of open spaces or other desirable design features.

      (4)   Improve communication and cooperation among the city, land developers, and interested residents in the urbanization of new lands and the renewal of existing deteriorated areas.

   (B)   The developments within the planned development district shall comply with the policies and design standards of the Vermillion Comprehensive Plan. The development shall be mutually compatible with adjacent projected developments.

   (C)   The planned development district that is being presented to the Planning and Zoning Commission, and to the City Council, shall be at least 3.5-acres in area. The size of the district may vary once the initial development plan is approved by the City Council.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

      (1)   When a petitioner wants to request a rezoning to the Planned Development District, it shall be submitted to the Zoning Administrator, showing the information specified in § 155.052, a minimum of 30 days prior to the Planning and Zoning Commission meeting at which consideration is desired. After the planned development request has been reviewed, the Planning and Zoning Commission shall make a recommendation to the City Council on the requested rezoning. The City Council shall then act to approve or deny the request.

      (2)   This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in § 155.101. No building permit shall be issued within the development until the final development plan is approved and the plat is filed.

      (1)   Prior to construction on any lots in the planned development, the petitioner shall present a final development plan showing the information specified in § 155.053, to the Planning and Zoning Commission, who shall have the sole authority to approve, deny, or amend the plan.

      (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 7 days immediately prior to any public hearing held by the Planning or Zoning Commission or City Council to consider any final development plan. The signs shall be furnished by the Zoning Administrator and posted by the applicant in the numbers and locations prescribed by the Zoning Administrator.

      (4)   Before any action shall be taken by the Planning and Zoning Commission, the applicant shall first file with the Zoning Administrator a certificate verifying that the signs have been posted at the proper location before the time specified by this section.

         (a)   Minor amendments to the initial and/or final development plan shall be required to be approved by the Planning and Zoning Commission. Notice of the hearing shall be given by the posting of not less than 2 signs provided by the Zoning Administrator. Before any action shall be taken by the Planning and Zoning Commission, the applicant shall first file with the Zoning Administrator a certificate verifying that the signs have been posted at the proper location and for the time specified.

         (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 amendments shall be shown as a change from the initial development plan on the final development plan, and further these changes shall be made on the initial development plan on file with the County Register of Deeds.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

   Upon application for rezoning to the Planned Development District, the petitioner shall present an initial development plan to the Planning and Zoning Commission for review, and to the City Council, for their approval showing the following information:

   (A)   Project name and legal description.

   (B)   A preliminary subdivision plan in compliance with § 154.04 of the Subdivision Regulations.

   (C)   The proposed development scheme showing the following information:

      (1)   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 nonresidential buildings and their square footage.

      (2)   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.

      (3)   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 the setbacks undesirable.

      (4)   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 the heights undesirable.

      (5)   Proposed design features illustrating compatibility to the surrounding environment and neighborhood.

      (6)   Anticipated subarea development sequence.

   (D)   In addition, the developer shall provide an 8½ x 11 scaled rendering on mylar of the approved initial development plan showing each of the subareas.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

   (A)   Prior to construction on any lots in the Planned Development Zoning District, the petitioner shall present a final development plan to the Planning and Zoning Commission for their approval. When a subarea is proposed by the developer for only single-family detached homes or 2-family attached units, a final development plan will not be required.

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

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

      (1)   The subdivision name, the legal description and the individual project name (if any).

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

      (3)   A subdivision plat of the subarea or subareas submitted for approval in compliance with Article V of the Subdivision Ordinance.

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

         (a)   Size and location of proposed structures including height and number of units.

         (b)   Calculated floor area for each structure and a generic listing of the uses within the structure.

         (c)   Off-street parking lot arrangement designating all parking spaces, off-street loading spaces and any outdoor trash container.

         (d)   Any sidewalks, bikeways or other paths.

         (e)   Any outdoor lighting, type and location, except for standard street lights provided by the city.

         (f)   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.

         (g)   All existing and proposed utilities, drainage ways, water courses and location of above ground existing utilities on adjacent property.

         (h)   Proposed final ground contours.

         (i)   Curb cuts and all private drives.

         (j)    Adjacent, existing and proposed uses.

         (k)    First floor elevation for any structure located in a flood hazard area.

         (l)   Accurate building elevation of all proposed structures.

         (m)   Documentation of the ownership and maintenance responsibility of any common open spaces, structures or facilities, including private streets.

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

         (o)   Proposed parking and loading spaces which shall be in conformance with §§ 155.072 and 155.073, except where unique physical, environmental or design characteristics make the requirements undesirable.

         (p)   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-2 Residential District.

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

      (1)   Any change in the proposed land uses, change in the area covered by the planned development district, increase in density above that provided for in the approved development district, or any deviation contrary to the approved plan should follow a rezoning process (§ 155.101).

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

      (2)   A change in the street pattern.

      (3)   Any increase in density of a subarea that does not exceed the allowable maximum set in the approved planned development district:

         (a)   Less than 25% for a subarea with less than 8 residential dwelling units.

         (b)   Less than 15% for a subarea with between 9 and 20 residential dwelling units.

         (c)   Less than 8% for a subarea with 21 residential dwelling units or more.

      (4)   Any increase in the number of parking spaces. At no point shall the number of parking spaces be less than the required amount.

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

(Ord. 1189, passed 7-7-2008; Am. Ord. 1409, passed 12-2-2019)

 

 

 

 

 

 

 

 

 

 

 

(Ord. 1189, passed 7-7-2008; Am. Ord. 1298, passed 4-1-2013; Am. Ord. 1409, passed 12-2-2019)

 

 

 

 

 

 

(Ord. 1208, passed 3-2-2009)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      (1)   Roofing and siding materials shall be of a type customarily used on site-constructed residence.

      (2)   Any accessory building that covers more than 120 square feet shall be secured to the ground to prevent the structure from being moved or damaged by high winds.

      (3)   Accessory buildings may not be used for dwelling purposes.

      (4)   Accessory buildings in excess of 750 square feet in area should be approved only if there is a legitimate purpose for accessory buildings.

      (1)   Within any zoning district, at least 75% of the required front yard setback shall be landscaped and maintained with living ground cover except for the portion of the front yard necessary for hard surfaced driveways and parking (§ 155.072).

      (2)   One tree per 50 feet of tract width is required. No more than 25% of the required trees may be deciduous ornamental, evergreen, or coniferous trees.

      (3)   Each existing tree of at least 1 3/4-inch caliper in size shall count toward the tree requirement.

      (4)   Where feasible, landscape areas must be capable of providing a substantially full expanse of foliage within 3 years after planting. All deciduous trees shall be 1 3/4-inch caliper and all deciduous ornamental shall be 1 1/4-inch caliper. Berms or other landscaping techniques may be used for all or part of the 6-foot screening if they have a maximum grade of 3 feet horizontal to 1-foot vertical and sodded or planted with other acceptable living ground cover.

      (5)   A fence, wall, or shrubbery 6 feet in height and of a character necessary for adequate screening shall be installed or planted when a commercial use is located adjacent to residentially used property or across the right-of-way from residentially used property (unless the right-or-way is an arterial street). Berms or other landscaping techniques may be used for all or part of the 6-foot screening if they have a maximum grade of 3 feet horizontal to 1-foot vertical and sodded or planted with other acceptable living ground cover.

      (6)   If proper screening is provided, parking lot setbacks may be reduced at City Engineer’s discretion.

      (1)   When property is adjacent to or within 150 feet of residentially used or zoned property, the following lighting standards apply:

         (a)   The maximum light level shall be no greater than 3 foot candles field measured at the property line (ground level).

         (b)   The maximum height of light luminaries shall be 25 feet above the ground.

         (c)   Canopy luminaries and other on-site lighting with luminaries greater than 2,000 lumens shall include a 90-degree cut-off type, deflector, refractor, or forward throw light fixture.

         (d)   The maximum number of canopy luminaries shall be determined by the following industry standard: Canopy length (in feet) x canopy width (in feet) x 3= Maximum No. of Luminaries lamp wattage.

      (2)   All other light luminaries shall have a maximum height of 38 feet above the ground. Submittal of photometric plans shall be required with all site plan checks for building projects on property with lighted parking lots or lighted canopies.

      (3)   The following structures or uses are exempt from these lighting standards: parks, pedestrian walkways, and illuminated flags or statues.

      (4)   Lighting for parking lots shall be constructed so as to prevent light pollution to surrounding properties.

(Ord. 1250, passed 4-4-2011; Am. Ord. 1274, passed 4-2-2012; Am. Ord. 1409, passed 12-2-2019)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Ord. 1302, passed 8-5-2013; Am. Ord. 1409, passed 12-2-2019; Am. Ord. 1416, passed 8-3-2020; Am. Ord. 1430, passed 3-1-2021; Am. Ord. 1516, passed 5-20-2024)

 

 

 

 

   (G)   Off-street loading requirements shall comply with § 155.073.

      (1)   Within any zoning district, at least 90% of the required front yard setback shall be landscaped and maintained with living ground cover except for the portion of the front yard necessary for hard surfaced driveways and parking (see § 155.072).

      (3)   Each existing tree of at least 1-3/4-inch caliper in size shall count toward the tree requirement.

      (4)   Where feasible, landscape areas must be capable of providing a substantially full expanse of foliage within 3 years after planting. All deciduous trees shall be 1-3/4 inch caliper and all deciduous ornamental trees shall be 1-1/4-inch caliper.

   (I)   Adjustments to yard regulations shall comply with § 155.082.

   (J)   Non-conforming uses and structures shall comply with § 155.083.

      (1)   When property is adjacent to or within 150 feet of residentially used or zoned property, the following lighting standards apply:

         (a)   The maximum light level shall be no greater than 3 foot candles field measured at the property line (ground level).

         (b)   The maximum height of light luminaries shall be 20 feet above the ground.

         (c)   Canopy luminaries and other on-site lighting with luminaries greater than 2,000 lumens shall include a 90-degree cut-off type, deflector, refractor, or forward throw light fixture.

         (d)   The maximum number of canopy luminaries shall be determined by the following industry standard: canopy length (in feet) x canopy width (in feet) x 3= maximum no. of luminaries lamp wattage.

      (2)   All other light luminaries shall have a maximum height of 38 feet above the ground. Submittal of photometric plans shall be required with all site plan checks for building projects on property with lighted parking lots or lighted canopies.

      (3)   The following structures or uses are exempt from these lighting standards: parks, pedestrian walkways, and illuminated flags or statues.

      (4)   Lighting for parking lots shall be constructed so as to prevent light pollution to surrounding properties.

(Ord. 1320, passed 9-15-2014; Am. Ord. 1328, passed 5-4-2015; Am. Ord. 1409, passed 12-2-2019)

   The purpose of this regulation is to provide for certain high density residential areas within the Planned Development District.

 

 

 

   (A)   The purpose of this district is to provide for mixed use (commercial and high density residential) development in single use and/or mixed use structures. District commercial establishments and high density multi-family residential apartments are intended to be integrated to provide convenient apartment living, along with shopping and dining, located adjacent to the major streets that serve the area, while also serving the general shopping and dining needs of the trade area. Site and architectural design shall be compatible with and sensitive to adjacent residential development, striving to preserve and protect residential property values.

   (B)   All city ordinances apply to the Dakota Commons Planned Development District except for those modified below.

 

 

         (a)   Shared parking is encouraged. The total parking required may be provided anywhere within the district, regardless of property lines.

         (b)   The number of required automobile parking spaces may be reduced up to 7% according to the following procedure:

            1.   Two bicycle parking spaces may be provided in lieu of each required automobile parking space; and

            2.   Each bicycle parking space shall include a metal anchor which will secure the frame and both wheels in conjunction with a user-supplied lock.

            3.   Bicycle parking spaces shall be as close to the main building entrance as the most convenient non-handicapped auto space, without interfering with pedestrian movement.

            4.   Bicycle spaces shall be located and designed to prevent damage to bicycles from motor vehicles.

         (c)   Required parking shall be dedicated to the occupants and located as close to the building served as possible.

         (d)   A fence, wall, berm, or shrubbery 4 feet in height and of a character necessary for adequate screening of a parking lot from adjacent residentially used property shall be provided.

(Ord. 1368, passed 2-5-2018; Am. Ord. 1409, passed 12-2-2019)

   The purpose of this district is to provide for certain low-density residential areas. All city ordinances apply to the Planned Development District except for those modified below.

 

 

 

 

 

 

 

 

(Ord. 1499, passed 12-18-2023)