[Added 4-18-2011 by L.L. No. 1-2011]
A.
Intent.
(1)
The Planned Development District (PDD) allows for a variety
of land uses and a flexible arrangement of lots, structures, and land
uses in a well-planned and coordinated design. The flexibility of
land uses and lots is achieved by the Village continuously participating
in and approving stages of project planning and development. Any combination
of land uses already permitted within the Village may be proposed
for development on sites under this district. This district is also
intended to accommodate land uses or scales of development that may
be unique or require more consideration by the Village. This district
may be applied anywhere in the Village, provided the project scale
and design is found to further Village planning goals and to be compatible
and coordinated with the environmental constraints and the existing
and/or planned availability of public water, sewer, drainage, and
transportation facilities.
(2)
Substantively and procedurally, the PDD is intended to promote
and maintain a dialogue between the applicant and the Village. The
PDD enables both the applicant and the Village to customize the development
of a site in ways that are not feasible in conventional zone districts.
The development standards are not predetermined, but are created jointly
by the applicant and the Village via the procedures set forth in this
article.
B.
Procedure review. The classification of any property within the PDD
requires the undertaking of a three-step process involving approvals
from both the Village Board and the Planning Board.
(1)
In the first step, concept plan and outline review, the Village
Board, in its legislative capacity, establishes the boundaries of
the proposed PDD and sets the limits on the nature and range of uses,
geometric and site controls and overall project planning. The Village
Board's action is in response to the applicant's submission
of a general concept plan and outline that describes the contemplated
development for the proposed PDD. The applicant submissions contemplated
would include concept layout plans and narrative descriptions of the
details of same and the proposal generally, including all public and
private improvements. It is contemplated the concept plan and outline
during this review step may be modified and gradually include more
and more detail. This step begins a dialogue between the applicant
and the Village, and it does not commit the Village Board to adopt
a PDD zone change in the final step of this process.
(2)
In the second step, project plan review, the Planning Board
is delegated by the Village Board to be responsible for ensuring that
the general concept plan and outline reviewed and approved by the
Village Board is further refined and capable of being properly implemented.
The Planning Board ensures such compliance by reviewing and approving
the project plan submitted by the applicant and determining the conformity
of same with the Village Board received concept plan and outline.
The project plan is the detailed narrative and graphic documentation
for development of the entire PDD and would include all detail included
in the Village Board referred concept plan and outline with such additional
detail as may be reasonably necessary to evidence that any site and/or
subdivision plans based thereon are capable of development, construction
and occupancy for the intended purposes. This step culminates with
an advisory recommendation to the Village Board from the Planning
Board.
(3)
The final step, PDD adoption, is through a formal zone change
by the Village Board. This may, in effect, include, or be followed
by such site plan and/or subdivision reviews of individual sites or
portions of the PDD by the Planning and/or Village Board to ensure
that actual construction and development fully implement the project
plans reviewed, modified and approved in the formation of the PDD.
C.
Authorization for a PDD.
(1)
Type of action. Establishment of a PDD is a zone change to the
Zoning Map made by the Village Board, pursuant to the requirements
of the NYS Village Law, governing the formation and modification of
zoning districts, the local requirements of the Village of Minoa and
the procedures of this article.
(2)
Application to specific lands.
(a)
The PDD regulations are applied and effective to only a specific
area that may include part of or more than one property and part of
or more than one zoning district. The Zoning Map is amended upon adoption
of an approval resolution by the Village Board of a PDD project plan,
pursuant to the requirements of this article. No site, special (use),
or subdivision applications, permits or other approvals are issued
until a PDD zone change has been approved by the Village Board (Step
3).
(b)
Land uses permitted.
[1]
Generally. The Village Board shall specify those
land uses permitted within a PDD when the concept plan and outline
for such district is accepted and may identify specific uses for lots
or subareas within the PDD. The Village Board may establish special
conditions, unit densities and other area, coverage, dimensional and
performance standards for any or all such uses. If the Village Board
chooses not to establish such standards, then the provisions of PDD
dimensional and performance standards of this article shall apply.
[2]
Preassigned land uses. The PDD shall also be used
to address uses which, due to their size or character, have potentially
significant impacts and require maximum review of location, scale
and design. By way of example, and not limitation, the following uses
shall be permitted in a PDD only upon specific approval for a PDD
by the Village Board:
[3]
Minimum PDD area.
[a]
Minimum area. No PDD shall have a gross land area
of less than 10 acres, exclusive of existing public rights-of-way,
unless otherwise permitted by the Village Board.
[b]
Adding area. Once established, a PDD may be enlarged
to include other contiguous areas regardless of their size. Such areas,
if separated by a public right-of-way, may be considered contiguous
if, in the opinion of the Village Board, the continuity of the original
PDD is maintained or enhanced.
(3)
Phased development.
(a)
PDD subareas. The Village Board may identify defined portions
of a PDD as discrete geographic subareas or subsections of the project.
Such designated areas may have land uses or standards different from
other areas within the PDD, provided that such are fully integrated
in the overall development for the entire PDD.
(b)
Project staging. The Village Board may establish the sequence
in which development of a PDD shall proceed by specifying the order
in which subareas, sections or phases of a PDD are to be developed.
If not specified by the Village Board, the Planning Board may, on
its own initiative during the project plan review (Step 2), recommend
a sequence of project staging or may recommend a proposed sequence
by the applicant.
(c)
Review of project phases. If a proposed PDD is to be undertaken
in a staged development, the Village Board, as part of its concept
plan and outline review, may agree to a phasing of the schedule of
the Planning Board's project plan approval and any subsequent
approvals otherwise required to correspond with the approved project
staging. The first phase shall consist of a minimum of 25% of the
total PDD area.
D.
PDD concept plan and outline review (Step 1).
(1)
Procedure.
(a)
Receipt and referral. An applicant wishing to propose a PDD
shall prepare and submit documents (see concept plan and outline submissions)
to the Village Board. Upon receipt of a PDD proposal, the Village
Board can accept or refuse to consider the proposal for further consideration
and possible action. If the Village Board determines to accept the
PDD proposal for consideration it shall immediately, or after some
degree of consideration, refer the PDD submission documents to the
Planning Board for its advisory opinion on the formation of the PDD
and the proposal generally. The Planning Board shall respond to the
Village Board with a written report of its findings and recommendations
within a time period established by the Village Board, to be not less
than 30 days and not more than 90 days, unless modified by mutual
agreement of the Village Board and Planning Board.
(b)
SEQRA. The Village Board shall declare itself lead agency for
purposes of the NYS Environmental Quality Review Act and shall determine
if the proposed PDD is a Type I or unlisted action and make the appropriate
notification or referrals to the applicable municipalities, involved
or interested agencies or other levels of government.
(c)
Review and discussion. Prior to or following any informational
public meeting or hearing, the Village Board may meet with the applicant,
the Planning Board or other interested parties to discuss or further
the PDD proposal.
(d)
Informational hearings. The Village Board in consideration with
this review may hold (an) informational hearing(s) or meetings; after
which, and upon the consideration of the recommendations by the Planning
Board and other agencies, it may proceed to act on the proposed PDD
concept plan and outline.
(e)
Concept plan and outline acceptance. The Village Board shall
consider the proposal and vote to accept, modify or reject the PDD
concept. If the Village Board accepts or modifies the PDD concept,
it shall prepare a written resolution indicating its general findings
and its willingness to entertain a zone change upon completion of
a PDD project plan and further proceedings including the recommendation
of the Planning Board. It shall also authorize the Planning Board
to engage in the review of a PDD project plan. It may specifically
define and so instruct the Planning Board of the specific land uses,
nature of buildings, minimum area and geometric controls to be maintained
in the PDD or in designated subareas, project phasing and a timetable
for Planning Board review. The resolution shall include a copy of
the accepted written and graphic PDD concept plans, any SEQRA-related
materials, and other relevant information.
(f)
Concept plan and outline acceptance, significance and date.
The issuance of concept plan and outline acceptance represents a preliminary
favorable review by the Village Board and is not an approval or commitment
to same in the future. The date of the Village Board acceptance simply
initiates the second review step of the PDD procedures. Upon concept
plan and outline acceptance, the PDD is not in effect and the applicant
does not obtain vested rights for development. The applicant may not
rely on same as a tentative or preliminary approval and thus proceeds
at its own risk.
(2)
Concept plan and outline review criteria. The Village Board
shall find that approval of a PDD concept is reasonable and appropriate
in furthering the overall land development policies and goals of the
Village. In making this determination, the Village Board shall consider
and record in its resolution of acceptance how the proposed PDD addresses
the following:
(3)
Concept plan and outline submission requirements. In order to
obtain the conceptual approval of the Village Board for the establishment
of a planned development district, a concept plan and outline of the
proposal shall be submitted, comprised of the following components:
(a)
Narrative component: a brief written narrative (outline) outlining
the applicant's overall concept for the proposed PDD, including,
but not limited to, the following:
[1]
An explanation of how the proposed PDD conforms
to concept plan review criteria.
[2]
The range and mix of land uses.
[3]
Development density.
[4]
Building types.
[5]
Impact upon existing and provision for public facilities.
[6]
Points of access.
[7]
Parking.
[8]
Open space/recreation areas.
[9]
Project financing.
[10]
Phasing.
[11]
All other application items.
(b)
Graphic component: a generalized graphic plan (concept plan)
of the entire site, drawn to a scale that reasonably depicts the land
use, development patterns, density and improvements addressed in the
applicant's narrative statement.
(c)
Project schedule: an outline of the expected sequence and duration
to fully implement and construct the entire PDD.
(d)
SEQRA: the long environmental assessment form (LEAF), as determined
by the Village, in accordance with the NYS Environmental Quality Review
Act (SEQRA).
(e)
Survey: survey(s) or tax maps of the property or properties
for inclusion in the PDD as part of the graphic component.
(f)
Zone change application forms: forms, as required by the Village
of Minoa, available from the Village Clerk's office.
E.
PDD project plan review (Step 2). In this second step, project plan
review, the Planning Board (following Village Board acceptance at
Step 1) is delegated by the Village Board to be responsible for ensuring
that the general concept plan and outline approved by the Village
Board is capable of being properly implemented. The Planning Board
verifies this by reviewing and approving the project plan submitted
by the applicant. The project plan is a more detailed narrative and
graphic documentation for the development of the entire PDD. This
step begins with the following actions of the Planning Board and concludes
with a recommendation to the Village Board.
(1)
Project plan review procedures.
(a)
Transfer to the Planning Board. Upon acceptance of a PDD concept
plan and outline by the Village Board, the Planning Board shall begin,
with the applicant, the development and review of a PDD project plan.
(b)
Submittals. The project plan is a substantial elaboration of
the concept plan and outline accepted by the Village Board. It is
a significantly more detailed narrative and graphic documentation
for the development of the entire land area or of designated subareas
within the PDD (see submission requirements). The applicant shall
prepare and submit project plan materials to the Planning Board. The
applicant may submit materials immediately following PDD concept plan
acceptance by the Village Board. All materials shall be prepared and
completed to the satisfaction of the Planning Board.
(c)
Review schedule. Unless otherwise specified by the Village Board,
the project plan shall be acted upon by the Planning Board within
180 days of the approval date of the PDD concept plan by the Village
Board. Any time within this period, the Planning Board or the applicant
may request or recommend to the Village Board a modification of this
schedule. Failure to obtain project plan acceptance within the required
time limits shall cause the concept plan authorization to lapse.
(d)
SEQRA. A thorough analysis of environmental issues shall commence
during this stage of the PDD review process under the authority of
the Village Board. The Village Board may retain such oversight responsibility
or it may direct the Planning Board to assume SEQRA review, oversee
the preparation and completion of any environmental analysis or DEIS.
In either case, the Planning Board shall advise the Village Board
on the scope and the necessity for a preparation of an environmental
analysis or a draft environmental impact statement (DEIS).
(e)
Analysis, review, discussion and referrals. During its review,
the Planning Board shall engage in a substantive review of the project
plan. It may meet with the applicant, governmental agencies or other
interested parties to improve its understanding of the proposal. The
Planning Board may refer or request the Village Board refer the proposed
project plans to appropriate governmental agencies for any advisory
opinion or recommendation. The Planning Board shall direct the preparation
of a written report of the Board's interim analysis, findings
and progress.
(f)
Informational hearings. The Planning Board may hold informational
meetings and hearings for fact-finding and to gather community input.
(g)
PDD project plan review completion. The Planning Board shall, when it concludes its analysis and review [Subsection E(1)(a) through (f) above], vote to recommend that the Village Board accept, accept with modifications or reject the PDD project plan. It shall base its recommendation upon finding that the proposed project plan is in accordance with the accepted and referred concept plan and outline and otherwise compliant with the Village of Minoa Code, and all other applicable codes and regulations of Onondaga County and New York State.
(h)
Planning Board recommendation. The Planning Board shall, if
it finds that all materials and information as submitted and/or thereafter
(to address concerns raised) revised are acceptable, recommend, reject
or recommend with conditions or modifications the project plan and
if recommended (including with conditions or modifications), direct
the preparation of a written report to the Village Board containing
its findings and recommendations. The report shall include the recommended
written and graphic PDD project plans, a PDD construction and development
schedule, recommended methods of implementation following final PDD
adoption, a draft DEIS or recommended SEQRA findings, and any other
relevant materials.
(2)
Project plan review criteria. The Planning Board shall determine
that approval of a PDD project plan is reasonable and appropriate
in meeting the objectives of the accepted concept plan and outline,
and that the project plan furthers the overall land development policies
and goals of the Village. In making this determination, the Planning
Board shall apply its collective experience and judgment to evaluate
the appropriateness of the development proposed in the project plan,
however, with deference to the Village Board's acceptance and
the uses proposed therein. It shall also consider and record in its
resolution of recommendation to the Village Board how the proposed
PDD addresses the following:
(a)
Uses and structures. The variety and arrangement of land uses
and structures throughout the proposed development are appropriate
for the site. The Planning Board may not specifically prohibit nor
permit uses or structures contrary to the previous acceptance of the
Village Board.
(b)
Dimensional standards. The Planning Board shall ensure compliance
of the project plan guided by the Village Board resolution conceptually
accepting the PDD. It shall evaluate the project plan with respect
to the minimum area and geometric controls and other standards set
forth by the Village Board thereon or the default standards of this
section if not specifically modified by the Village Board. It shall
evaluate the appropriateness of the proposed density of development
and other factors it finds relevant, such as location, community needs,
public infrastructure and relationship to surrounding developments.
(c)
Subdivision review. In anticipation of PDD acceptance and potential
subdivision action, the Planning Board may simultaneously review any
proposed subdivision sketch plans to determine conformance to Village
subdivision regulations.
(d)
Other zoning reviews. The Planning Board shall specify recommended
zoning review processes and permits that will control and monitor
the implementation of the PDD.
(e)
Feasibility of completing the PDD. The Planning Board shall
evaluate and comment whether the proposed sequence, staging and expected
schedule for implementing the PDD can be achieved in the manner described.
It shall seek to identify any public infrastructure or improvements
that are related to or contingent upon the successful completion of
the proposed PDD and set forth a preliminary schedule of PDD milestones
that are to be achieved after adoption.
(3)
Project plan submission requirements.
(a)
Project plan submissions. The project plan of the entire site
must include graphic documentation, maps, drawings and other materials
that show at a sufficient scale and detail to allow the Planning Board
to evaluate the feasibility and impacts of the proposed development.
[1]
Site plans for all construction areas preliminarily
showing approximate size, height, and bulk of buildable areas.
[2]
Preliminary landscaping plans showing all open
space, plazas, malls, courts, and pedestrian ways, ponds, waterways
or similar landscaped features.
[3]
Preliminary grading plans showing existing and
topographic contours and any significant natural or sensitive environmental
resources.
[4]
Improvement plans showing proposed drainage, water
and sewer facilities, and easements, if any, within or affected by
the proposed development.
[5]
Vehicular and pedestrian circulation plans showing
proposed streets, points of access, sidewalks and off-street parking
and loading to serve any proposed building or facilities.
[6]
Proposed construction schedule, sequence of development,
project financing and preliminary milestones to be achieved from time
of adoption to completion.
[7]
Preliminary contract and filing documents between
the applicant and Village for any public facilities, districts, enforcement
and management of the PDD.
(b)
Supporting and explanatory material. The Planning Board may
require the submission of additional material to explain and justify
the project plan, which could include but is not limited the following:
[1]
Information necessary to assure compatibility of
the proposed project with adjoining existing uses and to Village planning
objectives.
[2]
An explanation of the manner in which all requirements
of the project plan and of other applicable regulations are to be
met.
[3]
Expected treatments or project-wide strategies
for issues such as: signs, lighting, snow storage, building and site
aesthetics.
[4]
Impact and relationship to existing or proposed
services such as: public infrastructure; solid waste collection; emergency
vehicle, police and fire protection.
F.
PDD adoption (Step 3). This final step, i.e., the PDD adoption, is
through a formal zone change by the Village Board. Thereafter any
site plan, special permit and/or subdivision reviews of individual
sites or portions of the PDD by the Planning Board or Village Board
are to ensure the actual construction and development fully implement
the concept and project plans adopted in the formation of the PDD.
(1)
PDD adoption procedures. A PDD takes effect only upon the Village
Board's approval or approval with modifications of a zone change
incorporating the PDD project plan accepted by the Planning Board
and according to the PDD criteria for adoption and submission requirements.
(a)
Recommendation to Village Board. The Planning Board completes
and returns its written recommendation of the project plan to the
Village Board. Upon receipt, the Village Board may proceed to considering
a zone change for the proposal.
(b)
Hearings, referrals and SEQRA. The Village Board shall, pursuant
to law and this Code, conduct a public hearing(s), make all required
referrals not previously completed, and finalize the SEQRA process.
(c)
Project plan action. The Village Board shall approve, approve
with modification or disapprove the PDD project plan referred by the
Planning Board. The Village Board resolution shall explicitly state
that the proposed dimensional controls are accepted or the default
dimensional and performance standards apply. It shall also explicitly
state the accepted staging and schedule to implement and construct
the proposed PDD.
(d)
Zone change action. Upon project plan adoption, the Village
Board shall vote to grant the zone change and file this action pursuant
to local and state requirements.
(e)
Filing of approvals. The PDD shall be effective upon proper
execution and filing of all documents, contracts and plans as a supplement
to the Zoning Map.
(2)
PDD criteria for final adoption.
(a)
The Village Board shall confirm or modify and restate its findings
of Village goals addressed in the concept plan (Step 1) acceptance
above.
(b)
The Village Board shall confirm that the PDD project plan (Step
2) fulfills the expectations established in the concept plan accepted
or as subsequently modified.
(3)
PDD adoption submission requirements:
(a)
Forms and documentation. Copies of materials approved by the
Planning Board.
(b)
Reports, referrals and recommendations. Any documents developed
or received by the Planning Board during project plan review.
(c)
Survey(s) and legal descriptions of properties included in the
entire PDD.
(d)
Required SEQRA documentation, including any DEIS and preliminary
draft findings (if prepared).
(e)
Final drafts of all contracts, filing documents and plans and
enforcement instructions.
G.
Implementing/enforcing the PDD. This subsection identifies processes
that are anticipated to be necessary following the (Step 3) Village
Board adoption action on the PDD, and depending on the specifics of
the proposal, to allow for actual construction and occupancy of a
PDD proposal. These processes will address development of PDD project
details and potential project changes that are fully consistent with
the approved project plan. These other permits and approvals may be
obtained by the applicant pursuant to the requirements of those individual
processes and/or the requirements specified in the resolution adopting
the PDD.
(1)
Village permits.
(a)
Construction compliance. Any use or structure, open space, infrastructure
improvement or regrading shall be established pursuant to the standards
set forth in the adoption of the PDD.
(b)
Subdivision, site plan and special permit. Subject to the instructions
of the Village Board in final resolution of PDD adoption, the standards,
procedures and submission requirements of a subdivision, site plan
and/or special permit are to be applied for those individual uses,
structures, or improvements.
(c)
Waiver. The foregoing provisions notwithstanding, in relation
to (a) proposed PDD development(s) determined by the Village Board
to be of relatively minor complexity, in its PDD adoption resolution
and local law incorporating same, and provided there is sufficient
documentary support in the record, any requirement(s) of subdivision,
site plan and special permit may be deemed as satisfied and thus not
requiring any further or separate review(s) or approval(s) if and
to the extent the Village Board determines the same were adequately
reviewed in the context of project plan review and recommendation
of the PDD to the Village Board. As such the Village Board specifically
retains such comprehensive and exclusive approval authority, and notwithstanding
any other provisions in the Village Code to the contrary or otherwise.
To the extent this authority is exercised by the Village Board, any
separate requirement for Planning Board and/or Zoning Board of Appeals
review(s), recommendation(s) or approval(s) of a PDD site, or part
thereof, shall not be required.
(d)
All other Village permits. Building, highway access and similar
permits are required to be obtained pursuant to their respective permit
requirements.
(2)
Other permits. All other agency permits required from federal,
state or county regulations shall be obtained prior to on-site development
activity.
(3)
Failure to implement the PDD. The Village Board may consider,
after notification to the developer-applicant, rezoning actions to
alternative zone districts if the PDD construction of the entire project
or of specified phases is not completed or if adopted PDD milestones
are not achieved within 18 months of the approved PDD project schedule.
H.
Modifications and amendments to an existing PDD. This subsection
describes how changes are addressed after a PDD has been adopted,
constructed and/or occupied. All changes to an existing PDD will be
regulated by the following provisions: changes that will affect individual
lots that have been subsequently established after the PDD adoption
will require approval by the ZBA; changes that are directed to the
entire PDD or to an identified stage of the PDD will require review
by either the Planning Board or Village Board depending on the perceived
effect.
(1)
Minor modifications affecting one property. The Planning Board
shall evaluate all modifications and may either refer the proposal
for consideration of a variance by the ZBA or approve minor modifications
for development with the PDD pursuant to the following:
(a)
Thresholds.
[1]
The proposed change is applicable to one property
within the PDD.
[2]
The proposed change complies with the land use,
dimensional and performance standards.
[3]
There is no change in the defined land use.
[4]
The basic physical relationship and function of
buildings and improvements is maintained.
(b)
Criteria. The Planning Board can find that the proposed modification
does not require any modification of applicable standards, substantially
alter the property from the approved plan and does not change the
relationship to surrounding properties or improvements.
(c)
Procedure. The Planning Board shall process and document the
approval of such modifications in a manner consistent with the general
procedural and enforcement provisions of this Code. The Planning Board
may issue a building permit, certificate of compliance or similar
approvals (e.g., minor subdivision or site plan adjustments) when
authorized by this Code.
(d)
Waivers of PDD standards. The Planning Board finds that the
change for a proposed development, improvement, or modification fails
to comply with the land use, dimensional or performance standards
adopted for the specific PDD and shall be subject to the procedures
and standards for issuance of a use or area variance by the Zoning
Board of Appeals.
(e)
Transfer to the Village Board. The Planning Board may require
any requested modification to be submitted for a PDD intermediate
design and land use modification by the Planning Board, or, for a
major modification, to the Village Board.
(2)
Intermediate modifications; project plan amendment. Existing
or approved PDD land uses, structures and improvements may be altered
or modified after the effective date of PDD adoption. Unless otherwise
required by the Village Board or Planning Board, such modifications
shall be subject to the issuance of a project plan amendment by the
Planning Board, pursuant to the following:
(a)
Thresholds.
[1]
There are changes in type or location of approved
land uses within the same general land use category (e.g., residential,
commercial, industrial) and within the same PDD section identified
in the approved project plan.
[2]
Increase in floor area in excess of 10% of a principal
or accessory structure.
[3]
Demolition of a principal structure, except where
mandated by an appropriate official in the interest of public safety.
[4]
Establishment or realignment of new streets or
other public/common areas.
[5]
Any change, except routine replacement and maintenance,
to landscaping, open space, parking, public facilities or other improvements
addressed in the project plan.
(b)
Criteria. The Planning Board shall find that the proposed modification
does not substantially alter any modification of applicable standards,
maintains the basic relationship of the property to the approved project
plan and maintains the basic relationship to surrounding properties
or improvements.
(c)
Procedure. The Planning Board shall review and consider a project
plan amendment under procedures set forth in this section for adoption
of a project plan (Step 2), except that Village Board approval shall
not be required.
(d)
Transfer to Village Board. The Planning Board may, at any time,
find that the proposed modification substantially alters the project
plan and require the requested modification to be submitted for a
PDD major amendment by the Village Board.
(3)
Major modifications. Any modification not addressed by the minor
or intermediate modifications above, exceeding the limits established
at the inception of the district, or expanding or altering the PDD
boundary shall be reviewed and approved by the Village Board, subject
to the procedures for establishing a PDD (Steps 1, 2 and 3).
(4)
Nonconformities. It is the intent of the PDD that no nonconforming elements will exist within the PDD. The flexibility of the land use and geometric controls and review procedures should prevent the creation of any nonconforming element. In the event that a nonconformity does exist, any subsequent changes shall conform to the PDD controls and shall be subject to an issuance of a project plan amendment by the Planning Board [see Subsection H(2), intermediate modifications].
I.
PDD default dimensional and performance standards. The following
standards are intended to assist the Village by avoiding any enforcement
oversight or ambiguity. A PDD is intended to promote flexibility and
creativity of design; therefore, the following will apply in the absence
of specifically established standards by the Village Board. Unless
the Village Board establishes other controls or standards at the inception
of the district, the following shall apply uniformly, by default,
to the entire PDD or to designated portions.
(1)
Land uses. There are no default land uses in a PDD.
(2)
Dimensional controls. The following controls shall apply, unless
specifically modified by the Village Board during the initial establishment
of the PDD:
(a)
Distance between buildings on one lot.
[1]
Residential. Front, rear and side yards for residential
uses shall be designed so that a building is no closer than 20 feet
to any other residential building and 50 feet to any nonresidential
building.
[2]
Nonresidential. Front, rear and side yards for
nonresidential uses shall be designed so that a building is no closer
than 30 feet to any other nonresidential building and 50 feet to any
residential building.
[3]
For purposes of interpretation, a structure which contains both residential and nonresidential uses shall comply with the requirements of Subsection I(2)(a)[2] above.
[4]
Accessory structures shall be no closer than 10
feet to the principal structure with which they are associated and
no closer than 20 feet to any other principal structure, and five
feet to any other accessory structure.
(b)
Distance from lot lines. The minimum distance between any point
on a principal building and the lot line shall not be less than 10
feet.
(c)
Density of development. Unless the Village Board has otherwise
established a minimum density then all residential development shall
provide an average density of 5,000 square feet per dwelling unit.
Commercial and industrial uses shall maintain an average minimum density
of 20,000 square feet per building.
(d)
Lot coverage. Maximum lot coverage for all development within
a PDD shall not exceed 35% of the gross land area.
(e)
Height. The maximum height of all principal structures shall
not exceed 35 feet for residential buildings and 40 feet for commercial
or industrial buildings, and accessory structures shall not exceed
15 feet.
(f)
Parking/loading. The parking and loading provisions of this
Zoning Code shall apply to PDDs unless modified by the Village Board.
Shared parking and storage may be included in the calculation of overall
parking compliance.
(g)
Supplementary regulations and site plan standards. Unless modified
by the Village Board when establishing the PDD, the supplementary
regulations and site plan standards of this Zoning Code shall apply
to all development within the PDD.
(3)
Performance standards. Unless modified by the Village Board
when establishing the PDD, the performance standards applicable to
all industrial districts shall apply.
