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Wayne City Zoning Code

CHAPTER 1216

Planned Developments

1216.01 INTENTS.

   The following are optional development methods in Wayne:
   (a)   The PRD, Planned Residential District is to permit, through design innovations and environmental sensitivity, flexibility in the development of residential housing on sites where conventional design would negatively impact environmental features or discourage innovative housing design/layout.
   (b)   The PUD, Planned Unit Development is intended to permit, through design innovations, flexibility in the development and/or redevelopment of concentrated residential uses, commercial uses, and mixtures of residential with commercial uses, especially on sites where conventional design layout would discourage innovative design.
(Ord. 2023-01. Passed 2-7-23.)

1216.02 QUALIFICATIONS.

   To qualify for a Planned Residential Development or Planned Unit Development, the following criteria must be met:
   (a)   The PRD, Planned Residential District:
      (1)   The subject site consists of contiguous land under single ownership or control.
      (2)   The proposed uses are detached one-family or one-family attached (up to a maximum of ten units) and parks and open spaces; and commercial and/or office uses (provided that such uses do not exceed ten percent of the total land area).
      (3)   The maximum permitted gross density is fifteen dwelling units per acre.
   (b)   The PUD, Planned Unit Development. Any of the permitted, accessory, or special land uses within the following districts may be considered under a PDD, excluding marihuana facilities:
      • R1, One-Family Residential
      • R2, Two-Family Residential
      • MF, Multiple-Family Residential
      • SF, Storefront
      • MU, Mixed-Use
      • B1, Community Business
      • B2, Regional Business
(Ord. 2023-01. Passed 2-7-23.)

1216.03 REVIEW PROCESS.

   (a)   A PRD and PUD is an amendment (rezoning) to the Zoning Map and may be made by the owner of record or by any person acting on behalf of the owner of record of the subject parcel. The applicant must have a substantial interest in the subject property to file; the applicant must provide evidence of full ownership of all land, such as legal title or execution of a binding sales agreement, option agreement or land contract, at the time of application submittal.
   (b)   The review process follows the map amendment (rezoning) process of Chapter 1227: Text and Map Amendments, which includes a public hearing with the Planning Commission, a recommendation to City Council, and City Council final approval or denial.
   (c)   The application must include:
      (1)   A boundary survey and computation of the area proposed for development being requested, prepared, and certified by a registered land surveyor.
      (2)   A site analysis which identifies the character, structure, and potential of the site, the areas adjacent to the subject property, and sufficient information about nearby properties, including:
         A.   Contiguous land uses. Type of contiguous land uses and their impact on adjoining lands, the direction and distance to community facilities, and public transportation routes related to the site.
         B.   Topography. Basic topography, any unique ground forms, and slopes.
         C.   Drainage. Natural watershed (direction), drainage swales, and wetlands.
         D.   Vegetation. A tree survey with all existing trees six-inches and greater, with species and condition identified.
         E.   Existing conditions. Structures, utilities, and vehicular and pedestrian circulation.
         F.   Special features. Lakes, ponds, dramatic views, etc.
      (3)   A development plan for the entire planned area including all uses, building footprints, dwelling unit types, population densities, a traffic and pedestrian circulation plan, and areas reserved for recreational areas, parking areas, and other open spaces.
      (4)   An indication of the adequacy of service for stormwater and sanitary water and a preliminary grading plan.
      (5)   A detailed written narrative explaining the full extent of the proposal.
(Ord. 2023-01. Passed 2-7-23.)

1216.04 REVIEW CRITERIA.

   (a)   The Planning Commission and City Council must consider these evaluation criteria:
      (1)   The qualifications of Section 1216.02 are met.
      (2)   Adequate areas are provided, where necessary, for all utilities, schools, walkways, playgrounds, recreational areas, parking areas and other open spaces and areas to be used by the public or by future residents of the development.
      (3)   There is or will be, at the time of development, an adequate means of disposing of sanitary sewage and of supplying the development with water, and the road system and storm water drainage system are adequate.
      (4)   The plan provides for an efficient, aesthetic, and desirable use of the open areas and is in keeping with the physical character and goals of the City and the area surrounding the development.
   (b)   Upon finding that the conditions outlined in subsection (a) above are satisfactorily met, the Planning Commission must make a recommendation to City Council.
   (c)   Upon receipt of the report and recommendation of the Planning Commission, Council must approve or disapprove the project.
   (d)   Once an area is approved, no development may take place in such area, nor may any use thereof be made, if the same are not in accordance with the approved plan, unless the site is rezoned to another district.
(Ord. 2023-01. Passed 2-7-23.)

1216.05 SITE PLAN REVIEW.

   (a)   Prior to the issuance of any building permits, an approved site plan must be established, in accordance with Chapter 1224: Zoning Permit and Site Plan.
   (b)   Approval of the site plan is effective for a period of one-year. If development is not completed in this period, one extension may be recommended by the Planning Commission, and granted by the City Council for a period of one-year. A public hearing is not required for the extension request.
   (c)   A dedication of all public roads, if applicable, must be made.
   (d)   Provisions satisfactory to Council must be made to provide for the financing of any public improvements shown on the plan.
   (e)   Where a homeowners association (HOA) is to be used to maintain and preserve common areas and facilities, the developer must file and record a declaration of covenants and restrictions that will govern the HOA; which must include, but is not limited to:
      (1)   Membership in the HOA is mandatory for each buyer and for any successive buyer and so specified in the covenants.
      (2)   Restrictions are permanent.
      (3)   The HOA is responsible for liability insurance, taxes, and maintenance of common areas and facilities.
      (4)   Property owners must pay their pro rata share of the costs and so specified in the covenants. Assessments levied by the HOA can become a lien on the property.
(Ord. 2023-01. Passed 2-7-23.)

1216.06 AMENDMENT OF A SITE PLAN.

   A developer may request a major or minor amendment to an approved site plan:
   (a)   Major Amendment. A major amendment is subject to full site plan review by the Planning Commission and ultimate approval by City Council (no public hearing is required) and includes, but is not limited to, changes in:
      (1)   The use or type of dwelling unit.
      (2)   The number of dwelling units that increases the density.
      (3)   The non-residential floor area (when over five percent).
      (4)   The rearrangement of lots, blocks, and building footprints.
      (5)   The land set aside for open space (only for a reduction or relocation of such area).
      (6)   The building height (increases only).
   (b)   Minor Amendment. A minor amendment is subject to administrative review by the Department of Community Development and Engineering and includes, but is not limited to, changes in:
      (1)   Residential floor areas.
      (2)   The non-residential floor area (five percent or less).
      (3)   Other minor variations, as determined by the Community Development Director.
(Ord. 2023-01. Passed 2-7-23.)