(a)   The purpose of the Planned Neighborhood District is to encourage and provide for freedom of design and arrangement of dwelling units as an alternative to traditional single family developments by allowing integration of single family and low-to-medium density multiple family housing types as well as institutional uses supportive to the residential environment. These uses shall integrate into the neighborhood by location, design and function, and be so designed as to preserve the natural environment through good utilization of open space. Pedestrian access walks should, whenever feasible, connect to community facilities and public facilities such as schools and churches.

   (b)   In order to accomplish the above purposes, the intent of this chapter is to allow the applicant to lessen the development standards in some areas in exchange for an increase in development standards in another. The process for achieving the above purpose and intent is to require the submission and approval of a preliminary plan for the total proposed development and the submission and approval of a development plan for all or any part of the area, defined in the preliminary plan prior to obtaining a zoning certificate as part of the approval for the construction of any portion of the area. As part of the preliminary plan, the applicant must prepare and submit a development standards text that identifies any development standard that is less restrictive than the standards set forth in this chapter or other referenced chapters. As part of the development standards text, the applicant must justify the modifications of these standards based on the fact that the proposed development goes beyond minimum requirements in other areas that will result in a superior development than if the standards set forth in this chapter had been followed. As part of the final development plan, the applicant must reaffirm use of the previously approved development standards text or submit as part of the development plan a modified development standards text for approval by the Planning Commission.

(Ord. 96-7. Passed 3-5-96.)

   (a)   Permitted Uses in the Planned Neighborhood District are: Single family, two-family and multiple family units and accessory uses incidental to these areas.

   (b)   Conditional Uses in the Planned Neighborhood District are:

      (1)   With the exception of single family dwellings, permitted uses in the R-1 Single Family District.

      (2)   Conditional uses in the R-1 Single Family District.

      (3)   An office to handle rentals and maintenance of dwelling units within a multiple family development in which the office is located, as an accessory use.

      (4)   Private swimming pools for the exclusive use of residents of a multiple family development.

      (5)   Nursing Homes, Senior and Disabled Housing and Senior and Disabled Independent Housing.

      (6)   College or university.

      (7)   Violation of conditional use as approved shall be grounds for revocation of the conditional use permit.

(Ord. 00-15. Passed 5-2-00.)

   The following development standards shall be considered as minimal standards within the Planned Neighborhood District. These standards shall serve as base standards to be included and modified if desired as part of the development standards text and preliminary plan and further refined as part of the development plan.

   (a)   Lot Requirements in the Planned Neighborhood District are:

      (1)   Lot area: No minimum lot area is required, but an area can be considered a Planned Neighborhood District only if a variety of different types of dwelling units are used.

      (2)   Yards: No yard requirements or distances between buildings are established in order to enable creativity in design. The applicant shall arrange the buildings in such a way that adequate provision is guaranteed for all units to open space, air, light and exposure to sunshine. Zero lot line clusters and variations in building setbacks are encouraged.

      (3)   The maximum density shall not exceed five dwelling units per net acre. Densities can be increased as provided for in subsection (c)(3) hereof. Public right-of-way shall not be included in the computation of net area.

      (4)   Single family developments which do not utilize zero lot line clusters or equally creative site design must conform to the R-1 Single family development standards.

   (b)   Building Requirements in the Planned Neighborhood District are: Maximum height: Except as provided in subsection (c)(3) hereof, no structures shall exceed 35 feet in height.

   (c)   Site Development Requirements in the Planned Neighborhood District are:

      (1)   All applicable subdivision regulations and parking, sign and landscaping regulations of this Zoning Ordinance must be satisfied.

      (2)   A comprehensive development plan must be approved by the Planning Commission which includes all the following elements:

         A.   Location and size of residential uses indicating the location of any types of dwellings, the density for each separate area of land to be developed, the overall number of units to be constructed, and the overall density of the proposed development.

         B.   Location, size and type of nonresidential uses such as open space, parks, playgrounds, community facilities and schools to be located in the land to be developed.

         C.   Proposed phases of development of the land in terms of units, land area, streets, access and uses.

         D.   Traffic patterns, streets, bikeways, access, parking areas and pedestrian walkways. Conflict between the movement of pedestrians, bicycles and vehicles shall be minimized.

         E.   Trash collection systems to be used, the location and type of trash containers, and the types of enclosures to be used to screen trash containers from view.

         F.   A preliminary plat conforming to the subdivision regulations and including at least 20% of the total acreage included in the comprehensive development plan.

      (3)   Development incentives: Development incentives of increased densities and increased building heights may be recommended by the Planning Commission based on the following criteria:

         A.   The development is directly adjacent to major thoroughfares, as delineated in the Thoroughfare Plan, and community services.

         B.   Building design and site design is of high quality and includes the integration of buildings and structures with natural materials or well defined and good design.

         C.   A well-designed open space system is utilized that provides pedestrian and bicycle access to neighborhood facilities, parks, play areas and scenic areas, and the system includes provision for landscaping and outdoor furniture.

         D.   Land is provided for major community facilities and schools.

         E.   Total density shall not exceed eight residential units per net acre.

(Ord. 96-7. Passed 3-5-96.)

   All conditional uses shall meet the minimum requirements established by Section 1135.03 unless modified by this section.

         A.   Minimum lot area: None, except that lot size shall be adequate to meet all yard and parking requirements.

         B.   Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet the parking and yard space requirements.

         C.   Minimum front yard: Thirty feet; 40 feet for structures on lots fronting on major, minor arterial and major collectors as designated by the Official Thoroughfare Plan. Pavement areas shall be at least ten feet from the right-of-way.

         D.   Minimum side yard: For structures, 15 feet. For pavement areas, ten feet.

         E.   Minimum rear yard: For structures, 15 feet. When abutting single or two family districts, the rear yard shall equal the rear yard requirement of the abutting district. For pavement areas, ten feet.

         F.   Maximum lot coverage: Main and accessory structures and parking pavement areas shall occupy no more than 50% of the lot.

         G.   Parking areas shall be no closer to main structures than ten feet.

         H.   Minimum lot area per dwelling unit shall be calculated on the basis of 1,450 square feet for nursing homes and senior and disabled housing. For senior and disabled independent housing, minimum lot area per dwelling unit shall be calculated on the basis of 5,455 square feet and may be reduced to 1,450 square feet with approval of the Planning Commission if the proposed development fully complies the requirements of Section 1135.04. For nursing homes and senior and disabled housing, minimum lot area per unit may be varied by Planning Commission based upon the merits of the site development plan submitted. The Commission shall consider the factors established by the Site Development Plan, the dwelling unit size and mix, the site configuration and the development incentives set forth in Section 1135.03(c)(3)A., B. and C.

         A.   Maximum height: Thirty-five feet. The maximum height may be increased to 50 feet by Planning Commission if the lot is not adjacent to any single or two family dwellings. If the building is adjacent to a single family or two family dwelling, the building height may be increased to a maximum height of 50 feet by Planning Commission if one foot of additional setback is provided for each additional foot of height along the affected property line.

         B.   Accessory buildings have the same yard requirements as main buildings.

         C.   Minimum dwelling unit area: A minimum of 300 square feet of living space for efficiency apartments with private bathrooms, 220 square feet for efficiency apartments without private bathrooms, 500 square feet for one bedroom units and 700 square feet for two bedroom units. A minimum of 100 square feet of living space per person for nursing homes.

         D.   Housing shall be specifically designed for senior and disabled citizens and include facilities generally associated with the needs and interests of aged persons. Access to these facilities and common and public use areas shall be provided in accordance with the “Fair Housing Accessibility Guidelines” (FHAG) as prescribed in R.C. § 3781.1.111.

         E.   Any facility containing two or more stories shall contain elevator access to all dwelling units above the first floor.

         A.   All applicable subdivision regulations, sign regulations, as well as parking and landscaping regulations of this Zoning Ordinance must be satisfied. The location, size, design, and operating characteristics of the facility will be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to harmful effect, if any, upon desirable neighborhood character.

         B.   Parking accommodations and loading areas shall be provided pursuant to a layout plan designed by the owner of the land to be developed, conforming to Chapter 1171 and showing traffic movement, ingress and egress, traffic control points, the number and size of parking spaces and service areas. In addition, the expected peak hour traffic volume for employees, members of the public and deliveries shall be described by text. The facility shall not adversely affect the generation of traffic and the capacity of surrounding streets.

         C.   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land.

         D.   Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.

         E.   Provision shall be made for an emergency medical service drive or zone.

         F.   Units are to be within reasonable walking distance, generally within two blocks, of major traffic arteries, shopping, community facilities, and other daily activities. If this requirement cannot be met, daily service by shuttle bus for residents to these activities must be available.

         G.   The owner shall file with the Franklin or Delaware County Recorder a covenant, approved as to form by the City Attorney, in which said owner shall covenant on behalf of themselves, their heirs, executors, and assigns not to use the property for any other use than nursing homes, senior and disabled housing or senior and disabled independent housing, unless the use complies with all requirements of the Planning and Zoning Code. Required compliance includes, but is not limited to, density, unit sizes, parking, and setbacks.

         H.   In addition to the requirements of Section 1111.02(c), a Site Development Plan for any site plan, shall be submitted to the Planning Commission. The plan for nursing homes, senior and disabled housing and senior and disabled independent housing shall set forth:

            1.   Natural scenic characteristics preserved.

            2.   Recreational, educational and social facilities of the development.

            3.   Pedestrian and bicycle access to neighborhood facilities, parks and scenic areas.

            4.   Building architectural design and construction materials.

         I.   A minimum of 20% of the total site shall be designated as common open space for active and/or passive recreational uses. Common open space shall not include required setback and buffer yard areas. Up to 40% of the required common open space area may be provided in the form of a common leisure/recreation room.

(Ord. 00-15. Passed 5-2-00; Ord. 2024-11. Passed 7-2-24.)

   (a)   As part of the request for rezoning to a Planned Neighborhood District, a Preliminary Plan must be submitted to the Planning Commission along with the text of all applicable development standards. City Council must approve the zoning change, preliminary plan and development standards text. A Zoning Certificate will not be issued for any site or sites until a Development Plan is approved by the Planning Commission and found in conformance with the adopted Preliminary Plan and Development Standards.

      (1)    Preliminary Plan. The Preliminary Plan is a conceptual plan submitted at the time of a request for rezoning generally describing the proposed uses for the site to be rezoned and their relationship with surrounding properties and uses. The Preliminary Plan should contain the following elements:

          A.    A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development has planned to utilize the existing site, identifying changes to the existing site grading and noting major trees that will be removed as part of the proposed development.

          B.    A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout and other development features including the location of all out parcels.

         C.    An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities.

          D.    The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not adversely impact existing transportation facilities.

          E.    A conceptual landscaping plan that shows the ability of the proposed development to meet all aspects of Chapter 1173.

          F.    A proposed schedule or phasing of development of the site.

          G.    Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.

          H.    Any additional information required by the Planning Commission necessary to determine that the proposed development meets the intent and purposes of the Planned Neighborhood District.

       (2)    Development Standards Text. A Development Standards Text shall be submitted as part of the Preliminary Plan and shall be narrative and graphics, as necessary, in order to detail the development standards to be applied to the development concept described in the Preliminary Plan. The Development Standards Text should clearly identify any standard that is less than the standards established by this Chapter. These modifications shall be justified by fully stating what adjustments, amenities or other compensations are provided as part of the Preliminary Plan to offset the use of reduced standards and by demonstrating how the modified standards will result in the best possible development for the site. Unless specifically modified by the Development Standards Text, the standards established by this chapter shall apply to the proposed development.

       (3)    Development Plan. Following approval of the Preliminary Plan, and prior to issuance of a Zoning Certificate, a Development Plan shall be submitted to the Planning Commission for all or part of the area defined in the Preliminary Plan. The Development Plan is a detailed Site Plan which shall contain the following information and adhere to the Development Standards Text approved as part of the Preliminary Plan:

          A.    Site Survey. On a survey show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-of-way and utilities.

          B.    Setbacks. The Site Plan shall indicate building, service areas, parking lot and signage setbacks including front yard, rear yard and side yard areas and shall be in accordance with the approved Development Standards Text.

          C.    Modifications of Development Standards Text. Any desired modifications of the Development Standards Text approved as part of the Preliminary Plan shall be so indicated in a modified Development Standards Text document.

          D.    Height Requirements. Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the Development Standards Text requirements and shown on building front, rear and side elevation drawings.

          E.    Parking and Loading. All parking and loading spaces shall be shown including typical dimensions of parking stalls, aisles and loading spaces, size, number of spaces and general location shall also be governed by the Development Standards Text.

          F.    Waste and Refuse. Handling of all waste and refuse materials shall be indicated and described by the Development Standards Text shall include appropriate screening and type of containerization.

          G.    Circulation. All major circulation routes, including arterial, adjacent curb cuts, collector and local streets shall be indicated including rights-of-way, dimensions, pavement widths and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and service routes. Major pedestrian circulation routes shall also be indicated including dimensions of path and pedestrian crossings, etc. plus any attempts at separating vehicular and pedestrian/recreation movement.

          H.    Landscaping. As part of the Development Plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding and fencing. Landscaping may vary in density, spacing and other treatment to reflect variations of topography, existing landscaping or adjacent land uses and conform to Chapter 1173, Landscaping. Landscape features shall be shown as well as planting dimensions, height, caliper and type of plant materials per the Development Standards Text.

         I.    Signage and Graphics. All signage and graphics shall comply with the Development Standards Text. Letter and other graphic size, sign material, shape, color and illumination (internal only) shall be indicated. This includes dimensions of all ground and wall signage as well as distances from rights-of-way and intensity of illumination. Directional signage shall also be indicated.

           J.    Lighting. All exterior lighting fixtures shall be shown including parking lot lighting, street walkway or pedestrian lighting, walkway accent lighting and building accent lighting. Lighting intensity and installation height shall be indicated.

          K.    Accessory Structures, Decks, Patios and Fencing. All accessory structures, decks, patios and fences shall conform to the Development Standards Text and appropriate materials, heights, location and style indicated.

          L.    Architectural Treatment. As part of the Development Plan front, rear and side building elevations shall be shown in accordance with the Development Standards Text indicating building material, color and height. Color material samples shall also be made available for inspection.

(Ord. 00-15. Passed 5-2-00.)

   (a)   Preliminary Plan. The basis for the approval of the Preliminary Plan shall be:

      (1)   That the proposed development is consistent in all respects with the purpose, intent and applicable standards of the Zoning Ordinance.

      (2)   That the proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply.

      (3)   That the acceptability of setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility and other elements having a bearing on the overall acceptability of the Development Plan shall contribute to the orderly development of land within the City.

      (4)   That any modifications or minimum development standards established by the Planning and Zoning Code are properly identified and adequately justified in the Development Standards Text as necessary to insure a higher quality development.

      (5)   That the proposed development is in conformity with any design or site planning guidelines adopted by the Planning Commission.

      (6)   That the plan provides for the coordination and integration of individually designed buildings into one planned district.

   (b)   Development Plan. Basis for approval of a Development Plan shall be:

      (1)   That the plan is complete in all respects relative to the requirements set forth in Section 1135.05(a).

      (2)   That any modifications of the Development Standards Text approved as part of the Preliminary Plan support and enhance the purposes and intent of the Planning and Zoning Code, any applicable comprehensive planning program and any design or site planning guidelines adopted by Planning Commission.

      (3)   That all engineering issues have been resolved to the satisfaction of the appropriate City staff and that final approval of the Development Plan is subject to the acceptance of final engineering of all phases of the development.

(Ord. 00-15. Passed 5-2-00.)

   (a)   Submission of Application for Preliminary Plan:

      (1)   Prior to filing an application for rezoning to a Planned Neighborhood District, the applicant shall meet with staff in a pre-application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request.

      (2)   The applicant shall submit the rezoning application along with the required number of copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Planning Commission. In order to defray the cost of examination of the rezoning application and the Plan and Text and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the City for review and comment.

      (3)   Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning Commission for their review and action, which shall be accomplished within a reasonable time. It shall be the duty of Planning Commission to review the Plan and determine whether it complies with the regulations of this Chapter. Planning Commission will forward a recommendation to City Council.

      (4)   A Preliminary Plan shall be valid for five years after City Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required.

   (b)   Submission of Development Plan.

      (1)   Prior to filing for Development Plan Approval, the applicant shall meet with the Westerville Planning staff to review the Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval.

      (2)   The applicant shall submit an application to the City including the required number of copies of the proposed Development Plan, Development Standards Text modification if appropriate and any other required information in accordance with the submission schedule of the Planning Commission. In order to defray the cost of examination of the materials and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council.

      (3)   It shall be the duty of the Planning Commission to review the plan and determine whether it complies with the regulations of this Chapter. Such determination shall be made within a reasonable time. If the Planning Commission finds that the Development Plan complies in all respects with the regulations of this Chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. With the approval of the Planning Commission, minor modifications of the approved preliminary plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning Commission determines that such proposed changes significantly alter the approved plan, it is considered to be a major change and the plan must be resubmitted to Council for approval.

      (4)   In the event that the Planning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning Commission. Decisions of the Planning Commission disapproving the plan or approving it with minor modifications are appealable to City Council in accordance with the provisions of Section 1107.06(d).

   (c)   Conformance with the Development Plan. Development shall be in conformance with the Development Plan and construction of site improvements must be commenced within two years of Planning Commission or Council approval; otherwise no development of the land shall take place until a new Development Plan is approved pursuant to this section.

   (d)   Modification of the Development Plan. With the approval of the Planning Commission, minor modifications of the approved Development Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning Commission determines that such proposed changes significantly alter the approved plan, it is considered to be a major change and the plan must be resubmitted to Council for approval. Development of land shall not proceed prior to final approval of the Development Plan. Any development undertaken without such final approval is in violation of this Zoning Ordinance and an abatable nuisance.

   (e)   Variances from Development Standards. The Planning Commission and/or City Council may approve variances from the Development Standards of this Chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of this zoning district. No action by the Board of Zoning Appeals is required for these variances.

(Ord. 01-81. Passed 1-15-02.)