ARTICLE 31 - PLANNED DEVELOPMENT 

SECTION 3101          PURPOSE 

This article is intended to permit the creation of Planned Development Districts in accordance with Section 519.021 of the Ohio Revised Code.  Such districts are for the purpose of conserving land through more efficient allocation of private lots, multi-family dwelling units, common grounds, non-residential uses, greater efficiency in providing public and utility services, and securing benefits from new techniques in community development and renewal.  Such regulations need not be uniform, but may vary in order to promote public health, safety, and morals. 

SECTION 3102          TYPES OF PLANNED DEVELOPMENT AND PERMITTED USES 

A. “PD-1" Planned Residential District 

1. Residential and/or recreational uses developed in a unified manner in accordance with the approved development plan. 

2. Mobile Home parks as per Section 3111. 

B. “PD-2" Planned Office District 

1. Office establishments developed, operated and maintained within an organized development of associated office activities in accordance with the approved development plan. 

C. “PD-3" Planned Business District 

1. Retail and service establishments developed, operated and maintained within an organized development of associated activities in accordance with the approved development plan. 

D. “PD-4" Planned Industrial District 

1. Manufacturing, processing, warehousing, and industrial service activities developed, operated, and maintained within an organized development of associated activities in accordance with the approved development plan. 

2. Uses permitted in Paragraph B and C of this Section.

SECTION 3103          DEVELOPMENT STANDARDS 

In addition to the provisions of Chapters VIII and IX, General Regulations and Special Regulations, the development plan must comply with the following requirements unless specifically waived by the Board of Township Trustees with the recommendation of the Zoning Commission. 

3103.01           AREA REQUIREMENTS 

No minimum land area shall be required. 

3103.02           LAND USE INTENSITY 

For Planned Residential District, the overall density for single-family detached residential developments shall not exceed three (3) dwelling units per acre.  The overall density for all other residential developments shall not exceed six (6) dwelling units per acre. 

3103.03           LAND COVERED BY BUILDINGS 

The total ground floor area of all buildings in the Office, Business, and Industrial District shall not exceed sixty percent (60%) of the tract, provided, however, that underground parking structures, the highest portions of which are not more than thirty (30) inches above the level of the centerline of the nearest adjacent street, shall not be included in computing the area of land covered by buildings. 

3103.04           PLANNING REQUIREMENTS 

A. The physical character of the site shall be suitable for development in the manner proposed, without hazards to persons or property on or off the site from possible flooding, erosion, subsidence, or other dangers, annoyances, or inconveniences. 

B. The site shall have direct access to a major street and not generate traffic on minor residential streets outside the district.  This requirement does not apply to single family detached residential developments having an overall density of four (4) dwelling units per acre or less. 

C. Utilities and public facilities shall be developed at no cost to the public. 

D. The development shall provide for efficient, safe, convenient, and harmonious grouping of structures, uses, and facilities.

E. There shall be an appropriate relationship of space inside the outside buildings to intended uses and structural features. 

F. Provisions shall be made at points on ingress, egress, and within the district to insure a free and safe flow of vehicular and pedestrian traffic. 

G. Common open space required. 

H. Off street parking for more than three (3) cars, service areas for loading and unloading vehicles and area for storage and collection of trash and garbage shall be properly screened. 

3103.05           PARKING AND LOADING 

A. Residential and Office 

Off street parking and loading spaces shall be required as set forth under Article 42 and Article 43 of this resolution. 

B. Business 

Off street parking shall be provided at the minimum ratio of 5.5 spaces per one thousand (1,000) square feet of gross leasable area.  In addition, two (2) off street parking spaces shall be provided for each dwelling or lodging unit.  “Gross leasable area” shall mean total floor area designed for tenant occupancy and use, including basements, expressed in square feet, measured from the centerline of joint partitions and from the outside wall faces; but shall exclude parking areas in structures reserved for tenant occupancy and use. 

A minimum of two percent (2%) of the area devoted to off street parking shall be maintained in landscaping in such parking areas. 

Off street loading space shall be provided with area, location and design appropriate to the needs of the shopping center and specific uses within it, and no space designated for off street parking shall be used as off street loading space.

C. Industrial 

Off street parking and loading spaces shall be required as set forth under Articles 42 and 43 of this Resolution. 

Off street loading space shall be provided with area, location, and design appropriate to the needs of the industrial park and specific uses within it, and no space designated for off street parking shall be used as off street loading space. 

SECTION 3104          PROCEDURE 

The following procedure shall be followed when applying for a change of zoning district to one of the Planned Development Districts. 

3104.01           SUBMISSION OF APPLICATION 

A. The owner(s) or lessee(s) with written permission from the owner of a tract of land may request that the Zoning District Maps be amended to a Planned Development District.  Such amendment shall be processed, noticed and heard in the manner prescribed in Article 6 and as described herein. 

B. The applicant is encouraged to engage in informal consultations with the Staff of the Clay Township Zoning Commission prior to filing an application; however, no statement or representation by members of the staff shall be binding upon either the Commission or upon any zoning body. 

C. An application for a Planned Development may be processed, noticed, and heard by the Clay Township Zoning Commission concurrently with an application for a proposed subdivision or re-subdivision of the same property pursuant to the Subdivision Regulations of Montgomery County. 

D. The following options are available at the applicant’s discretion: 

1. Submission of a Preliminary Development Plan, processed in the manner described in Article 6, and the subsequent submission of a Final Development Plan for any portion of the approved Preliminary Development Plan the applicant wishes to develop.  The Final Development Plan submitted according to this option shall be processed in the manner described in Section 3106.

2. Submission of a Final Development Plan without a Preliminary Development Plan, pursuant to Section 3107.  A Final Development Plan so submitted shall be processed in the manner described in Article 6. 

E. No Zoning Certificate shall be issued for any property for which Planned Development classification is requested and no construction shall begin until an approved Final Development Plan is in effect for that phase or property, whichever of the above options is chosen by the applicant, and approved as per Section 3110. 

SECTION 3105          PRELIMINARY DEVELOPMENT PLAN 

3105.01           SUBMISSION OF PRELIMINARY PLAN 

Two (2) copies of the Preliminary Development Plan and one (1) 88-1/2" x 11" photostat of the Preliminary Development Plan shall be submitted and shall include in text and map form: 

A. A survey of the tract that is to be developed showing existing features of the property including streets, alleys, easements, utility lines, existing land use, general topography and physical features. 

B. A preliminary site plan showing the approximate areas and arrangement of the proposed uses, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, proposed public or common open space, if any, including parks, playgrounds, school sites, and recreational facilities, proposed access points, proposed parking and drives, and proposed buffers. 

C. Evidence that the applicant has sufficient control over the tract to effect the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development. 

D. In the case of a Residential Planned Development, the proposed density to which the development shall be limited. 

E. In the case of Office, Business, or Industrial, a statement identifying the principal types of office, business and/or industrial uses that are to be included in the proposed development.

3105.02           ACTION BY THE ZONING COMMISSION 

The Zoning Commission shall hold a public hearing on the Preliminary Development Plan as provided in Article 6 of this Resolution. 

Such public hearing shall consider all aspects of the Preliminary Development Plan, including all proposed stages and/or units of development.  Within thirty (30) days after the last public hearing on such plan, the Zoning Commission shall prepare and transmit to the Township Trustees and to the applicant recommendations with respect to the action to be taken on the Preliminary Development Plan.  The Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions.  Copies of the findings and recommendations of the Zoning Commission shall be made available to any other interested persons. 

3105.03           ACTION BY THE TOWNSHIP TRUSTEES 

The Board of Township Trustees shall hold a public hearing on the Preliminary Development Plan as provided in Article 6 of this Resolution. 

If the application is granted, the area of land involved shall be re-designated as a “PD” District by Resolution and such Resolution shall incorporate the Plan, including any condition or restriction that may be imposed by the Township Trustees. 

SECTION 3106          SUBMISSION OF FINAL DEVELOPMENT PLAN IN ACCORDANCE WITH AN APPROVED PRELIMINARY DEVELOPMENT PLAN 

A Final Development Plan may be filed for any portion of an approved Preliminary Development Plan the applicant wishes to develop, and it shall conform substantially to the approved Preliminary Development Plan.  The filing fee shall be the same as that required for a change in zoning district.  Eight (8) copies of the Final Development Plan and one (1) 8-1/2" x 11" photostat of the Final Development Plan shall be submitted and shall include in text and map form: 

A. Any changes necessary to the survey described in Section 3105.01A. 

B. A site plan showing the exact location and arrangement of all existing and proposed structures, the proposed traffic circulation pattern within the development, the areas to be developed for parking, the points of ingress and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, and proposed public or common open space, if any, including parks, playgrounds, school sites and recreational facilities. 

C. A statement of the proposed total gross floor area and the percentage of  the site which is to be occupied by structures. 

D. Sketches of the proposed structures and landscaping. 

E. When a Planned Development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted.  No such stage or unit shall exceed the proposed density of the entire Planned Development by more than twenty percent (20%).  When a Planned Development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire Planned Development as the stages or units completed or under development bear to the entire Planned Development. 

F. Evidence that the applicant has sufficient control over the tract to effect the proposed plan, including a statement of all the ownership and beneficial interest in the tract of land and the proposed development. 

G. In the case of Office, Business, or Industrial Planned Development, a statement identifying the principal types of office, business and/or industrial uses that are to be included in the proposed development. 

H. When a Planned Development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities.  If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted. 

I. Copies of any restrictive covenants that are to be recorded with respect to property located in the Planned Development District.

3106.01           ACTION BY THE ZONING COMMISSION 

The Zoning Commission shall evaluate and take action on the Final Development Plan at a regular public meeting.  The applicant shall submit the Final Development Plan at least twenty (20) days prior to the Zoning Commission meeting and at the same time submit the names and addresses of property owners with lot lines common to the area within the Plan. The Zoning Commission shall hold a public meeting on the Final Development Plan considering all aspects of the Final Development Plan.  Property owners shall be given seven (7) days advance written notice of the public meeting, said notice being given by regular mail.  The Commission shall make specific findings of fact with respect to the extent to which the Final Development Plan complies with the standards set out in Sections 3103 and 3109.  The Zoning Commission shall disapprove, approve, or approve the Final Development Plan with amendments, conditions or restrictions.  If the Plan is not disapproved, the Plan shall be incorporated into the Zoning Resolution and that “PD” Zoning District for which the Plan is proposed, including any condition or restriction that may be imposed by the Zoning Commission.  Upon approval by the Zoning Commission, the Final Development Plan will go into immediate effect.  Such approval does not, however, constitute authority for the applicant to proceed with actual physical development of the property.  Authority for the applicant to proceed and for the issuance of required zoning certificates shall be dependent upon approval of the subdivision plat as set forth in Section 3110 when applicable. 

SECTION 3107          SUBMISSION OF FINAL DEVELOPMENT PLAN WITHOUT AN APPROVED PRELIMINARY DEVELOPMENT PLAN 

The applicant need not file a Preliminary Development Plan if he files a Final Development Plan for his entire site, incorporating all requirements of both the Preliminary and Final Development Plans as described in the Section.  The Final Development Plan shall be processed, noticed and heard in the manner prescribed in Article 6.  Eight (8) copies of the Final Development Plan and one (1) 8-1/2" x 11" photostat of the Final Development Plan shall be submitted and shall include in text and map form: 

A. A survey of the tract that is to be developed showing existing features of the property, including streets, alleys, easements, utility lines, existing land use, general topography and physical features.

B. A site plan showing the location and arrangement of all existing and proposed structures, the proposed traffic circulation pattern with the development, the area to be developed for parking, the points of ingress and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, and proposed public or common open space, if any, including parks, playgrounds, school sites, and recreational facilities. 

C. A statement of the proposed total gross floor area and the percentage of the development which is to be occupied by structures. 

D. Sketches of the proposed structures and landscaping. 

E. When a Planned Development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted.  No such stage or unit shall exceed by more than twenty percent (20%) the proposed density of the entire Planned Development.  When a Planned Development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire Planned Development as the stages or units complete or under development bear to the entire Planned Development. 

F. Evidence that the applicant has sufficient control over the tract to effect the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development. 

G. In the case of Office, Business, or Industrial development, a statement identifying the principal types of office, business, and/or industrial uses that are to be included in the proposed development. 

H. When a Planned Development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities.  If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed article of incorporation and by-laws of such entity shall be submitted. 

I. Copies of any restrictive covenants that are to be recorded with respect to property included in the Planned Development District.

3107.01           ACTION BY THE ZONING COMMISSION 

The Zoning commission shall hold a public hearing on the Final Development Plan as provided by Article 6 of this Resolution.  Such public hearing shall consider all aspects of the Final Development Plan including an proposed stages and/or units of development.  Within thirty (30) days after the last public hearing on such plan, the Commission shall prepare and transmit to the Township Trustees and to the applicant specific findings of fact with respect to the extent to which the Final Development Plan complies with the standards set out in Sections 3103 and 3109 and with respect to the action to be taken on the Final Development Plan.  The Commission may recommend disapproval, approval, approval with amendments, conditions or restrictions.  Copies of the findings and recommendations of the Commission shall be made available to any other interested persons. 

3107.02           ACTION BY THE TOWNSHIP TRUSTEES 

The Township Trustees shall hold a public hearing on the Final Development Plan as provided by Article 7 of this Resolution.  If the application is granted, the area of land involved shall be re-designated as a “PD” District by Resolution and such Resolution shall incorporate the Development Plan, including any condition or restriction that may be imposed by the Township Trustees.  Such approval does not, however, constitute authority for the applicant to proceed with actual physical development of the property.  Authority for the applicant to proceed and for the issuance of required zoning certificate shall be dependent upon approval of the Subdivision Plan as set forth in Section 3110 when applicable. 

SECTION 3108          MODIFICATION OF FINAL DEVELOPMENT PLAN 

Because of the difficulty in being able to supply precise data at the time of approval of the Final Development Plan, it may be necessary to make certain modifications to the Final Development Plan at a later date.  Such modification shall have the approval of the Zoning Commission without additional public hearings.  Adjacent property owners will be mailed notice of the time at which the Zoning Commission will review the request for modification.  Such notice will be mailed at least seven (7) days prior to such review by the Zoning Commission. 

Modification to the Final Development Plan shall not deter from the general intent and purpose as originally approved by the Township Trustees.  No modification shall be approved that will increase density or intensity, decrease parking and loading areas, reduce usable open space or reduce distance between structures and the perimeter property line.  If the modification is approved, the Final Development Plan will be changed to reflect the modification and notice will be sent to the Building Inspection Department and Zoning Inspector. 

SECTION 3109          STANDARDS FOR PLANNED DEVELOPMENTS 

A. The Planned Development can be substantially complete within the period of time specified in the schedule of development by the developer, but in any case shall be completed no more than two (2) years after the effective date of approval. 

Any PD not begun within twelve (12) months of effective date of approval expires and automatically reverts to the zoning classification that was in effect prior to the PD. 

B. The Planned Development will not jeopardize public health, safety, and morals. 

C. The street and driveways on the site will be adequate to serve the residents or occupants of the proposed development.  Traffic control signals/signs will be provided without expense to Montgomery County or the Township when the County Engineer or Township Superintendent determines that such signals are needed on or off site to prevent traffic hazards or congestion generated by the development. 

D. The development will not impose an undue burden on public services and facilities such as fire and police protection. 

E. The Development Plan contains such proposed covenants, easements and other provisions relating to the proposed development standards as reasonably are required for public health, safety and morals. 

F. The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses and any part of the Planned Development not used for structures, parking and loading areas, or accessways shall be landscaped or otherwise improved.

SECTION 3110          SUB-DIVISION PLAT REQUIREMENT 

No Zoning Certificate shall be issued for any structure in any portion of a Planned Development unless and until the final sub-division plat for that portion has been approved by the proper planning authority and recorded in the public record of the County.  This requirement may be waived by the Montgomery County Planning Commission when it is deemed that a subu-division plat is not required. 

SECTION 3111          REQUIRED CONDITIONS FOR MOBILE HOME PARKS 

A. Each lot in a mobile home park shall be served with sanitary sewer and water. 

B. A twenty (20) foot greenbelt shall be located and effectively maintained at all times along all park boundary lines except at established entrances and exits serving the park. 

C. Each park shall provide a recreational area or areas equal in size to at least eight percent (8%) of the gross area of the park.  Streets, parking areas, park service facility areas, and greenbelt shall not be considered as parts of the required recreational area. 

D. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park. 

E. Each mobile home site shall have a minimum width of fifty (50) feet and minimum area of 5,000 sq. ft. 

F. The minimum distance between a mobile home and another mobile home or structure shall be twenty (20) feet. 

G. Each mobile home shall be located at least ten (10) feet from the greenbelt. 

H. Each mobile home site shall be provided with a stand consisting of a solid concrete slab of a thickness and size adequate to support the maximum anticipated loads during all seasons. 

I. One and one-half (1-1/2) off-street parking spaces for each dwelling unit shall be required. 

J. Accessory uses shall be located at least one hundred (100) feet from the greenbelt.

1. Coin operated laundry and laundry and dry cleaning pick-up stations for use of tenants only.  No external signs of any nature whatsoever shall be permitted. 

2. Other accessory uses, buildings, or structures customarily incidental to the aforesaid use. 

Entire Article replaced Case #Z-1-95