HomeMy WebLinkAboutPUD Village of West Clay
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draft: 12/15/97
revised: 2/16/98
4/10/98
6/3/98
6/29/98
7/6/98
7/8/98
7/28/98
7/31198
8/3/98
10/19/98
11113/98
ORDINANCE
WESTCLA Y VILLAGE
PLANNED UNIT DEVELOPMENT
DISTRICT
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TABLE OF CONTENTS
Section
Page
1 Legislative Intent ..... ................................. ................................... 1
2 Applicability of Ordinance .......................................................... 1
3 Definitions ................................................................................... 2
4 Modification of Development Requirements .............................. 12
5 Permitted Principal Uses ............................................................. 13
6 Permitted Accessory Uses ........................................................... 14
7 Residential Development ............................................... .............. 16
8 Commercial Development ........................................................... 17
9 Blocks ....................................... ................................................... 18
10 Streets .......................................................................................... 19
11 Open Space ...... ............................................................................ 23
12 Civic Space ... ............................................................................... 23
13 Recreational Space ...................................................................... 24
14 Sidewalks and Paths .................................................................... 24
15 Area and Bulk Regulations .......................................................... 25
16 Parking ......................................................................................... 29
17 Loading and Service Areas............................................................ 33
18 Signs ............................................................................................ 33
19 Landscaping ................................................................................. 40
20 Detention and Retention Basins.................................................... 42
21 Lighting ....................................................................................... 43
22 Fences and Walls ......................................................................... 43
23 Intentionally Omitted ................................................................... 44
24 Platting and Installation of Improvements ................................... 44
25 Certification and Recordation of the Development Plan ............. 45
26 Improvement Location Permits................................................... 46
27 In tentionally Omitted.................................................................... 46
28 Filing Fees .... .................... ............................................................ 46
29 Inten tionally Omitted.................................................................... 46
30 Commission Consents or Approvals ........................................... 47
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ORDINANCE NO. Z-330
AN ORDINANCE ESTABLISHING THE WESTCLAY VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a PUD District in accordance with
the requirements of IC 36-7-4-1500 et. seq.; and
WHEREAS, the Carmel/Clay Plan Commission has given an unfavorable
recommendation to the ordinance set forth below which establishes the WestClay Village
Planned Unit Development District (the "District");
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that, pursuant to IC 36-7-4-1500 et. seq., it adopts this ordinance as an
amendment to the Zoning Ordinance.
Section 1. Letdslative Intent.
Having given reasonable regard to the Comprehensive Plan and the other matters specified
in Section 31.6.4(4) ofthe Zoning Ordinance, and specifically to section 1.1.6, the intent ofthe
Council in adopting this Ordinance is to insure that the increased flexibility and design
specificity regulations over land development authorized herein is carried out under
administrative standards and procedures.
Section 2. Applicability of Ordinance.
2.1. The Official Zoning Map, a part of the Zoning Ordinance, is hereby changed to
designate the land described in Exhibit A as a planned unit development district.
2.2. Development in the District shall be governed entirely by the provisions of this
Ordinance with the exception that provisions of the Subdivision Control Ordinance, the
Zoning Ordinance and the Sign Ordinance specifically referenced within this Ordinance and
as in effect on the date hereof shall also apply.
2.3. This Ordinance, having met the requirements of IC 36-7-4-702(b), constitutes the
subdivision control ordinance of the District.
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Section 3. Definitions.
Unless otherwise stated, the following words shall, for the purpose of this Ordinance, have the
meaning herein indicated. Any word used in this Ordinance which is not defined herein and
which is defined in Section 3.0 of the Zoning Ordinance, Section 4.0 of the Subdivision
Control Ordinance or Section 01-2 of the Sign Ordinance shall, for the purpose of this
Ordinance, have the meaning defined therein, unless the context otherwise requires.
Accessorv Building. A building subordinate to another structure or use located on the same
lot. An accessory building may also include public utilities; communication, electric
distribution and secondary power lines; gas, water and sewer lines; their supports and poles,
guy wires, small transformers, wire or cable and other incidental equipment and public
telephone booths.
Accessory Dwelling. (See Dwelling).
Accessorv Use. A use subordinate to the main use, located on the same lot or in the same
building as the main use, and incidental to the main use, or otherwise utilized for a use
described in the definition of "accessory building".
Allev. A private way or easement located through the interior of blocks and providing
vehicular and service access to the side or rear of properties.
Apartment. A dwelling intended primarily for rental.
Apartment Block. Blocks A, Band C depicted on the Development Plan.
Apartment House. (See Dwelling).
Arcade. A walkway or driveway adjacent to a building (or between buildings) which is covered
by a roof (which may be the second story of the building) but which is not fully enclosed, not
including a carport or other area intended for the sheltered parking of vehicles.
Architectural Review Board. The board established by a Declaration for the purpose of
reviewing the design of all structures proposed to be constructed in that part of the District
regulated by such Declaration.
Assessment. The voluntary traffic impact assessment described in Section 32.2 of this
Ordinance.
Bed and Breakfast. The renting of dwelling rooms or suites on a daily basis to tourists,
vacationers and business travelers where the only meal served is breakfast and it is available
only to guests.
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Blank Wall. An exterior building wall with no openings and generally constructed of a single
material, uniform texture, and on a single plane.
Buffer. An area within a property or site, generally adjacent to and parallel with the property
line, either consisting of existing natural vegetation or created by the use of trees, shrubs,
berms, and/or fences, and designed to limit views and sounds from the Development to
adjacent properties and vice versa.
Build-to Line. An alignment which dictates the maximum front yard setback from a street or
public right-of-way, to be followed by buildings or structures fronting thereon. The build-to
line does not apply to building projections or recesses. Where a build-to line is specified, the
area between the frontage line and the area forward of the build-to line specified in Section
9.1.B is the required minimum front yard setback, subject to the variation permitted by Section
9.1.B.
Build-up Line. An alignment which dictates an average height to the cornice line or to the roof
edge line on a street or space.
Building Height. The vertical distance from the highest finished grade relative to the street
frontage to the cornice line or to the roof edge line. The vertical distance from the cornice line
or roof edge to the parapet or roof ridge (including gables), and the height of towers, steeples,
cupolas and other architectural roof embellishments are not included in calculating building
height.
Building Scale. The relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding buildings.
Caliper. The diameter of a tree trunk measured in inches, 6 inches above ground level for trees
up to 4 inches in diameter and measured 12 inches above ground level for trees over 4 inches
in diameter.
Cartway. The paved driving surface of a street or alley and any curbing.
Chapel. The place of meditation depicted on the Development Plan.
Civic Building. A building or facility the use of which is principally devoted to civic uses.
Civic Space. The area occupied by a civic building, including the surrounding lawn, plaza or
courtyard, on-site parking and appurtenant structures.
Civic Uses. Uses intended to serve as a public gathering place. Such uses include
governmental offices, meeting halls, libraries, museums or galleries operated primarily for the
display, rather than the sale, of works of art, indoor or outdoor theaters, auditoriums or other
buildings or structures designed, intended or used primarily for musical, dance, dramatic or
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other live performances, community buildings and facilities, churches or other places of
worship or meditation, colleges, schools and other public or private educational establishments,
post offices, day care centers, and other institutional and community-oriented uses.
Close. An open space surrounded on all sides by cartways intended to afford vehicular access
to, and serve as a front space for, lots interior to a block.
Column. A vertical pillar or shaft, usually structural.
Commercial Block. Blocks E, F, G and H depicted on the Development Plan.
Commercial Structure. A building containing one or more spaces utilized for a purpose
permitted by Section 5.1(D).
Common Parking Lot. A parking lot maintained by the Owners Association and intended for
use by the occupants of or visitors to a civic building, commercial structure or an apartment
house.
Community Area. Open space, civic space and recreational space located in the District.
Congregate Housing. Dependent or independent living facilities for the elderly or the
disabled.
Conservation Easement. An easement which complies with the requirements of the Indiana
Uniform Conservation Easement Act.
Context. The character of the buildings, streetscape, and neighborhood which surround a
given building or site.
Cornice. The top part of an entablature, usually molded and projecting.
Cupola. A small roof tower, usually rising from the roof ridge.
Curb Radius. For a mountable curb, the curved edge of the street at intersections, measured
at the front of the curb. For a chairback-type curb, measured at the back of the curb.
Day Care Center. Day care provided on less than a 24 hour basis for either children or adults,
according to the following limiting definitions:
Child Day Care Center. An individual, agency or organization providing supervision
or care on a regular basis for children who are not related by blood or marriage to, and
who are not the legal wards or foster children of, the supervising adult.
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Adult Dav Care Center. An individual, agency or organization providing supervision
or care on a regular basis for adults in a place other than their usual place of abode.
Declaration. A Declaration of Covenants and Restrictions for one or more phases of the
Development recorded in the Office of the Recorder of Hamilton County, Indiana, as the
same may be amended from time to time.
Department. The Department of Community Services of the City of Carmel, Indiana.
Dependent Livin2 Facility. Nursing homes, rest homes and homes for the aged facilities which
are designed for persons who need a wide range of health and support services, such as
medical, nursing and personal services care, central dining facilities and transportation services.
Design V ocabularv. Building guidelines and requirements including but not necessarily limited
to a code of architectural style and massing recommendations, building detail guidelines, listing
of acceptable materials and colors, and landscape and streetscape details adopted by a
Developer and applied by an Architectural Review Board in considering plans for structures
to be constructed in the Primary Area. With respect to any commercial structure, apartment
house or attached dwelling, the Design Vocabulary shall be the provisions of the "Village of
WestClay Building Guidelines and Requirements" dated December 16,1997 (amended July
31,1998) applicable to commercial structures, apartment houses and attached dwellings, as the
case may be, as the same may be modified from time to time with the approval of the
Commission.
Developer. A person engaged in development of one or more phases of the Development.
Development. The land constituting the District as it may be developed in accordance with
the Development Requirements.
Development Guidelines. The non-binding developmental preferences set forth in this
Ordinance.
Development Plan. The plan for the Development approved by the Commission, as the same
may be modified from time to time pursuant to Section 4.
Development Requirements. The Development Standards and the Development Plan.
Development Standards. The normative specific requirements for development in the District
set forth in this Ordinance.
District. The land described in Exhibit A attached hereto and incorporated herein.
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Dwelling. A room or combination of rooms designed for year-round habitation, containing a
bathroom and kitchen facilities, and designed for or used as a permanent residence by at least
one person.
Detached dwelling. A dwelling that is developed with no party-walls and with open
yards on at least three sides, but not including manufactured homes, mobile homes,
modular homes or recreational or motor vehicles.
Duplex. Two dwellings placed one on top of another or attached side by side and
sharing one or more common walls that are not part of a townhouse project that also
includes three or more attached dwellings in a single row.
Attached dwelling. Rowhouse, townhouse, duplex, triplex, or quadriplex dwellings,
developed side by side for sale as condominiums, or as fee simple dwellings where land
is sold with the dwelling. Attached dwellings whether sold as condominiums or as
individually deeded lots are excluded from the definition of apartments.
Apartment house. More than four apartments placed one on top of another and/or
side by side and sharing common walls and common floors and ceilings, and which are
located on an apartment block, a commercial block or a single lot of record.
Accessory dwelling. A dwelling which is attached to or located on the same lot as a
detached or attached single family dwelling, has an independent means of access and
is owned by the owner of the principal dwelling but occupied by another. Accessory
dwellings include apartments integrated within or attached to single family dwellings,
or those located in detached accessory buildings, such as garages, carriage houses, or
agricultural type outbuildings, located on the same lot as single family dwellings.
Education Center. The educational facility depicted on the Development Plan.
Elderlv Dav Care Center. A building or space in a building and grounds used for the day care
of senior citizens exclusive of daily health-related care or services.
Elevation. An exterior facade of a structure, or its head-on view, or representation drawn with
no vanishing point, and used primarily for construction.
Eligible Title Holder. Developer, a non-profit corporation having perpetual existence or a
governmental body.
Environmental Constraints. Features, natural resources, or land characteristics that are
sensitive to improvements and may require conservation measures or the application of
creative development techniques to prevent degradation of the environment, or may require
limited development, or in certain instances may preclude development.
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Facade. A building face or wall.
Facade Signage Area. The area or areas on a commercial building facade where signs may be
placed without disrupting facade composition. The signable area will often include panels at
the top of show windows, transoms over storefront doors and windows, sign boards on fascias,
and areas between the top of the storefront and the sills of second story windows.
Fenestration. Window and other openings on a building facade.
Fascia. A projecting flat horizontal member or molding, also part of a classical entablature.
Focal Point. (See Visual Termination).
Frontage Line. The property line adjacent to the street. In the case of a comer lot, that part
of the lot having the narrowest frontage on any street shall be considered the frontage line
unless otherwise indicated on an approved final plat.
Frontage Place. A permanent public or private way situated parallel to a street in order to
provide access to one or more lots.
Gable. That part of the end wall of a building between the eaves and a pitched or gambrel
roof.
Gatewav. A principal point of entrance into the Village Center.
General Store. An establishment for the retail sale of consumer goods, including but not
limited to food and beverages for off-premises consumption, tools, appliances and other hard
goods, newspapers, magazines and other publications and other consumer goods generally
associated with a convenience retail store.
Governmental Entity. The City of Carmel or County of Hamilton, as applicable
Gross Residential Density. The number of dwellings (exclusive of accessory dwellings) in
relation to the total land area in the District or such lesser area as may be designated.
Home-based Office. An office incorporated in or attached to, or located on the same lot as,
a single-family detached dwelling from which a business activity is conducted on a substantially
regular basis; does not include an office used irregularly as a secondary facility away from a
principal place of business and is not a home occupation for purposes of this Ordinance.
Home-based Office Area. The area denoted on the Development Plan as an area where
home-based offices may be located.
Human Scale. The relationship between the dimensions of a building, structure, street, open
space, or streetscape element and the average dimensions of the human body.
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Independent Living Facility. Congregate living facilities which are designed for the elderly or
disabled who do not require health and support services, such as medical and nursing care,
central dining and transportation service, located on site. Each living unit may be self-
contained and is physically accessible to elderly or disabled persons. Distinguished from
apartment building(s) by the provision of some communal services.
Inn. A building or buildings containing individual rooms or suites for the purpose of providing
temporary lodging facilities to the general public for compensation, with meals, and which has
facilities for reservations and cleaning services, combined utilities and on-site management and
reception services.
Landscape Plan. The general design for landscaping in the District depicted on the
Development Plan.
Landscaping. Trees, shrubs, hedges, flowers, ground covers, grasses, other plant materials and
associated structures and improvements.
Large Lot. A lot having a width at the build-to line of 70 feet or greater.
Large Maturing Tree. A tree whose height is normally greater than 30 feet at maturity.
Maintenance Easement. A perpetual easement not less than three feet in width affording the
benefitted person the right to enter on the land encumbered by the easement for the purpose
of undertaking maintenance, repair or rebuilding of a structure located on the lot owned by
the benefitted person.
Masonry. Wall building material, such as brick or stone, which is laid up in small units.
Massing. The three-dimensional bulk of a structure: height, width, and depth.
Meeting House. The community building to be located in the Village Center as depicted on
the Development Plan.
Mitigation Improvements. The road and intersection improvements described in Section 32.1
of this Ordinance.
Mixed Use. The combination of both commercial and residential uses within a single building
of two or more stories.
Modification. A change to the Development Requirements approved pursuant to Section 4.
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Modified Grid Street Pattern. An interconnected system of streets which is primarily a
rectilinear grid in pattern, modified in street layout and block shape as to avoid a monotonous
repetition of the basic streetlblock grid pattern.
Nursing Home, Rest Home or Home for the Aged. A facility or housing development in which
an agency, organization or individual provides care for three or more sick, disabled or aged
persons not related by blood or marriage to the operator. Such congregate care facilities are
classified as "dependent living facilities" or "independent living facilities" depending on the
degree of support services on site.
Open Space. A parcel, or parcels, of land, an area of water, or a combination of land and
water, including flood plain and wetland areas within the Development designed and intended
for the use and enjoyment of some or all of the residents of the Development and, where
designated, the community at large. Except as otherwise provided herein, common open space
does not include any area which is divided into building lots, commercial blocks, apartment
blocks, streets (except the landscaped medians of boulevards), rights of way (except tree lawns)
or parking lots. The area of parking facilities serving the activities in the open space and paths
or sidewalks located therein may be included in the required area computations.
Owners Association. An Indiana non-profit corporation whose members are owners of lots
in the District.
Parking Lot. An area, not within a building, where more than six motor vehicles may be
parked for the purposes of temporary, daily or overnight off-street parking.
Parking Lot, Large. A parking area containing 36 or more parking spaces.
Parking Lot, Small. A parking area containing 35 or fewer parking spaces.
Parking Space. An area permanently reserved for the temporary parking of one motor vehicle
and connected to a street or alley.
Passages. Ways upon which Commercial Structures front which afford access from a Common
Parking Lot to a Village Street or Boulevard (as defined in Sections 10-8 and 10-9 of this
Ordinance ).
Path. A paved or otherwise cleared way intended as a jogging trail or a bikeway located in
open space, an easement or a right-of-way.
Permitted Dwellings. The aggregate number of dwellings (exclusive of accessory dwellings)
which may be constructed in the District without exceeding the gross residential density
limitations for the District set forth in Section 7 of this Ordinance, whether or not actually
constructed.
Pilaster. A column partially embedded in a wall.
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Phase. Any land area, whether platted or unplatted, building or buildings designated by the
Developer in an application for approval of a plat or issuance of an improvement location
permit.
Portico. An open sided structure attached to a building sheltering an entrance or serving as
a semi-enclosed space.
Premises Identification. The common street address of a building displayed in numerals.
Primary Area. That part of the District more particularly delineated on the Development Plan
as the "Primary Area."
Principal Streets. Towne Road, 131st Street, Broad Street, Meeting House Road, Horseferry
Road and Grafton Street.
Proportion. The relationship or ratio between two dimensions, e.g. width of street to height
of building wall, or width to height of window.
Public Viewshed. That which is reasonably visible, under average conditions, to the average
observer from a street, civic space or open space.
Recreational Building. A building containing meeting or other facilities located in a
recreational space and intended for use in connection with the enjoyment of recreational
space.
Recreational Space. An area of land or combination of land and water resources for public
or private use that is developed for active and/or passive recreational pursuits with various
manmade features that accommodate such activities. Such areas may constitute open space
or civic space.
Rowhouse. (See Townhouse).
Secondary Area. That part of the District lying beyond the Primary Area as more particularly
delineated on the Development Plan.
Sidewalk. A paved walkway provided for pedestrian use. If located at the side of a road within
a right-of-way, it may be separated from the cartway by a tree lawn.
Sidewalk Displav. The outdoor display of merchandise for sale by a commercial establishment.
The displayed merchandise must be similar to the merchandise sold within the establishment.
Sight Triangle. The triangular area formed by the point of intersection of (a) street right-of-
way lines, or in the case of a rounded property comer, the street lines extended, or a right-of-
way line and an alley or driveway and (b) a point located along each right-of-way line (or an
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alley or driveway) at a distance from the point of intersection equal to the greater of (i) the
posted speed limit for such street (e.g., 35 if the posted speed limit is 35 m.p.h.) or (ii) 25 feet.
Sign, Comer. A projecting sign located on the comer of a commercial building, the signboard
of which is equally visible from each right-of-way which creates the comer.
Sign, Icon. A sign that illustrates, by its shape and graphics, the nature of the business
conducted within.
Sign, Traffic. A sign directing traffic movement into or within the District, the wording, shape
and graphics of which shall, to the extent applicable, comply with the "Manual on Uniform
Traffic Control Devices."
Sign Fascia. The vertical surface of a lintel over a storefront which is suitable for sign
attachment.
Sign Ordinance. Carmel/Clay Sign Ordinance, Z-302, as amended.
Small Lot. A lot having a width at the build-to line of less than 70 feet.
Small Maturing Tree. A tree whose height is normally less than 30 feet at maturity.
Specimen Tree. Any tree with a caliper of 18 inches or more.
StOry. A habitable level within a building no more than 16 feet in height from floor to ceiling.
A basement, although wholly or partially habitable, is not a story unless more than 50 percent
of the basement elevation is above grade at the build-to line.
Street Furniture. Functional elements of the streetscape, including but not limited to benches,
trash receptacles, planters, telephone booths, kiosks, sign posts, street lights, bollards, and
removable enclosures.
Streetscape. The built and planted elements of a street which define its character.
Subdivision Control Ordinance. Carmel/Clay Subdivision Control Ordinance, No. Z-160, as
amended.
Texture. The exterior finish of a surface, ranging from smooth to course.
Threshold Elements. Porches, stoops, stairs, balconies, eves, cornices, loggias, arcades,
chimneys, awnings, doors and windows which are placed at or near the build-to line and
interface between the main body of the building and the street.
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Townhouse. Two or more dwellings, arranged side by side, separated by common walls
between living areas, each having more than one story.
Tree Lawn. A planting area located within or adjacent to the public right-of-way, typically
located between the curb and the sidewalk, and planted with ground cover and trees.
Trustees' Hall. The building intended for use by the Owners Association depicted on the
Development Plan.
Viewshed. (See Public Viewshed).
Village Center. The focal point of the Development within the Primary Area containing the
major civic and commercial space, as more particularly delineated on the Development Plan.
Visual Termination. A point, surface, building, or structure terminating a vista or view, often
at the end of a straight street or coinciding with a bend.
Visually Impervious. A buffering or screening device which blocks the view to or from adjacent
sites by a discernible factor of at least 80 percent.
Section 4. Modification of Development Requirements.
4.1. The Commission may, upon petition of the Developer, modify any Development
Requirements specified in this Ordinance other than those relating to the uses authorized in
Sections 5 and 6.
4.2. Modification of the Development Requirements requested by the Developer may be
approved by a hearing examiner or committee designated by the Commission, after a public
hearing held in accordance with the Commission's Rules of Procedure. However, any decision
of a hearing examiner or committee which approves or denies any requested modification may
be appealed by the Director or any interested party (including the Developer) to the
Commission, also in accordance with the Commission's Rules of Procedure.
4.3. Any proposed modification of the Development Requirements shall comply with the
following guidelines:
A. The modification shall be in harmony with the purpose and intent of this
Ordinance.
B. The modification shall not have an adverse impact on the physical, visual, or
spatial characteristics of the Development.
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C. The modification shall not have an adverse impact on the streetscape and
neighborhood.
D. The modification shall not result in configurations of lots or street systems which
shall be unreasonable or detract materially from the appearance of the
Development.
E. The modification shall not result in any danger to the public health, safety, or
welfare by making access to the dwellings by emergency vehicles more difficult,
by depriving adjoining properties of adequate light and air, or by violating the
other purposes for which this Ordinance was enacted as set forth in Section 1.
F. The minimum lot size of any lot to be created shall not be reduced below the
requirements of this Ordinance.
4.4. This Ordinance contains Development Standards, which are normative and set forth
specific requirements, and Development Guidelines,which suggest preferred solutions and are
only indicative. When applying the Development Standards and the Development Guidelines,
the Commission shall carefully weigh the specific circumstances surrounding the modification
petition and strive for development solutions that promote the spirit, intent and purposes of
this Ordinance.
4.5. If the Commission (acting through its hearing examiner or committee) determines that
the proposed modification will not have an adverse impact on development in the District, it
shall grant a modification of the Development Requirements. In granting modifications, the
Commission may impose such conditions as will, in its reasonable judgment, secure the
objectives and purposes of this Ordinance.
Section 5. P rmitted Principal Uses.
alpPrimary Area. The following uses are permitted in the Primary Area or parts thereof,
subject to the applicable Development Standards.
A. The following residential uses:
(1) detached dwellings
attached dwellings
(3) apartments
(4) accessory dwellings
(5) congregate housing
B. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
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C. Civic uses.
D. The following commercial uses:
(1) financial institutions, including drive-through banking facilities (provided
such are located at the rear of a lot) and exterior A TMs.
(2) offices, including general offices, professional offices and real estate
offices.
(3) retail sales of goods and services permitted in the B-7 District except
those described in Section 23B.5 of the Zoning Ordinance unless
otherwise permitted by this Ordinance.
(4) restaurants, except drive-through facilities.
(5) clinics or medical health centers.
(6) one (1) automobile service station, including the sale of gasoline and
other automotive petroleum products and such retail consumer goods as
are permitted to be sold in a general store, but excluding automobile
repair.
E. Agricultural uses, except agri-business structures.
F. Public, semi-public and private recreational uses except shooting gallery, but
including bowling alley and/or billiard parlor if approved by the Commission.
G. Bed and breakfast establishment, having not more than 10 bedrooms or suites
each of which is not less than 200 square feet.
H. Inns, having not more than 100 bedrooms or suites each of which is not less than
200 square feet.
No more than one (1) bed and breakfast establishment and one (1) inn may be located in the
Primary
Area without the approval of the Commission.
5.2. Secondary Area. The following uses are permitted in the Secondary Area:
A. Large lot single-family detached dwellings.
B. Accessory dwellings.
C. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
D. Agricultural uses, except agri-business structures.
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Section 6. Permitted Accessory Uses.
The following accessory uses are permitted in the District, subject to the applicable
Development Standards and obtaining all required permits:
6.1. In the Primary and Secondary Areas, accessory uses, buildings or structures (induding
home occupations), subject to the following conditions:
A. No accessory building shall be constructed upon a lot until the construction of
the main building has been actually commenced; and no accessory building shall
be used unless the main building on the lot is also being occupied for the
intended purposes. However, nothing shall prevent the use of a temporary
construction facility for the storage of tools, material and equipment by a
contractor during building construction.
B. No residential accessory building may be erected in front of a main building, or
in the required front yard on the side of a corner lot, unless the accessory
building is attached to the main building by a common wall.
C. A private residential garage or accessory building shall not exceed the living area
of the primary structure. The combined square footage of the residence, garage
and accessory building shall not exceed the maximum lot coverage allowed.
D. A private swimming pool shall comply with the requirements of Section
5.0( d)(2) of the Zoning Ordinance.
E. A private tennis court shall comply with the requirements of Section 5.0( d)(3)
of the Zoning Ordinance.
F. Accessory lighting on a residential lot shall not cause illumination at or beyond
any lot line in excess of 0.1 footcandles of light.
G. No private radio or television reception or transmitting tower or antenna shall
be located within 10 feet of a power transmission line. Satellite receiving
antennas shall comply with the requirements of Section 25.0(1) of the Zoning
Ordinance.
H. No home occupation shall be permitted without the prior consent of the
Department and a permitted home occupation shall comply with all applicable
requirements of the Zoning Ordinance.
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6.2. In the Village Center and the Home-based Office Area only, home-based offices,
subject to the following conditions:
A. The home-based office is (i) located in or attached to a single family detached
dwelling or (ii) located in a detached accessory building or garage typically
associated with such a dwelling.
B. Medical, dental and real estate offices are not permitted as home-based offices.
C. Retail sales of goods may not be made from a home-based office.
D. In addition to the family occupying the dwelling to which the use of the home-
based office is accessory, there shall not be more than three outside employees
in the home-based office.
E. The employees and clients shall park in on-street curbside parking spaces or in
a rear or side yard parking area and shall not park in the driveway forward of the
front facade of the dwelling.
F. Signage is limited to one wall-mounted sign with a sign area not exceeding three
square feet.
G. The home-based office shall not exceed 1,000 square feet or 30 percent of the
total square footage of the dwelling if attached to or incorporated in the
dwelling; if located in an accessory building, the home-based office shall not
exceed 600 square feet.
H. No outside storage or outside display is permitted.
I. All exterior aspects of the home-based office operation shall be consistent with
the residential character of the neighborhood.
Section 7. Residential Development.
7.1. Without the approval of the Commission, the gross residential density in the District
shall not exceed 2.0 dwellings per acre and the gross residential density in the Secondary Area
shall not exceed 1.3 dwellings per acre.
7.2. Upon completion of the Development, the number of single family detached dwellings
in the District shall be at least 50 percent of the number of Permitted Dwellings.
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7.3. Apartment houses may be located only in the Village Center. Without the approval of
the Commission, apartments (exclusive of accessory dwellings) shall not constitute more than
16.52 percent of the number of Permitted Dwellings.
7.4. A mix of dwelling types may be distributed throughout the Primary Area. Different
dwelling types may be mixed in any distribution within any single block.
7.5. Only large lot single-family detached dwellings and accessory dwellings shall be
permitted in the Secondary Area. Lots abutting the north property line of Claridge Farm or
the right-of-way of Hoover Road between the north and south property lines of Claridge Farm
shall be not less than 15,000 square feet in area.
7.6. Buildings in the Primary Area shall be designed in conformance with the Design
Vocabulary.
7.7. Accessory dwellings shall be limited to 850 square feet in floor area. A detached
accessory dwelling may be housed in a building containing only the dwelling or in a building
which contains the dwelling with garage, workshop, studio, home based office or similar use.
There shall not be more than one accessory dwelling located on a lot in addition to the single
family dwelling. An attached accessory dwelling shall be subordinate to the principal structure
characterized at a minimum by a lower ridge line.
7.8. Each apartment in a mixed use structure or an apartment house shall be a minimum of
750 square feet in gross floor area. No more than one apartment may be located on the first
floor of a mixed use structure.
7.9. Front yards of attached dwellings may be unified into one common yard treated as a
single front yard for the entire building.
7.10. A maintenance easement shall be provided on a lot adjacent to a zero-lot line detached
dwelling. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of
two feet, but the roof shall be so designed that water runoff from the zero-lot line dwelling is
limited to the easement area.
Section 8. Commercial Development.
8.1. No mixed-use or commercial structures shall be located in the Secondary Area.
8.2. Without the approval of the Commission, the aggregate square footage of commercial
space in mixed use or commercial structures in the District shall not exceed 150 square feet of
commercial floor area for each Permitted Dwelling.
8.3. Without the approval of the Commission, retail uses in the District shall not exceed 75
square feet for each Permitted Dwelling.
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8.4. Without the approval of the Commission, office and service uses in the District shall not
exceed 125 square feet for each Permitted Dwelling.
8.5. Commercial structures in the Primary Area shall be located only on lots that front on
interior streets of the Primary Area. Commercial uses may be mixed and integrated with
dwellings and civic uses within the Primary Area. At least fifty-one percent (51 %) of the
square footage of commercial and mixed use structures shall be located in the Village Center.
8.6. Commercial uses in the Primary Area may be contained in multi-story, mixed-use
structures with commercial/retail uses on the ground level and apartments or offices on the
upper levels. In a three story building, the second floor may contain either apartments or
commercial uses and the third floor may contain either apartments or offices.
8.7. Restaurants shall be permitted to operate outdoor cafes on sidewalks and in courtyards,
provided that pedestrian circulation and access to store entrances are not impaired.
8.8. Retail establishments (exclusive of a general store) shall be permitted to have sidewalk
displays of retail merchandise.
8.9 Unless such structure is depicted on the Development Plan, Commission approval of
the architectural design, landscaping, parking, sign age, lighting and access to the property
(ADLS) shall be necessary prior to the (i) establishment of any commercial structure; (ii)
issuance of any Improvement Location Permit for a commercial structure; (iii) erection,
reconstruction or external architectural alteration of any commercial structure in the District;
or (iv) the changing of any site improvements pertaining to a commercial structure. In
considering an application therefor, the Commission shall determine whether the proposed
structure substantially complies with the Development Requirements and Design Vocabulary.
If the Commission determines that it does, it shall approve the application for ADLS approval.
If the Commission denies the application for ADLS approval, it shall specifically detail in
writing the basis for its belief that the proposed use or structure does not comply with the
Development Requirements and Design Vocabulary. An applicant who has been denied may
immediately apply for ADLS approval of a new plan for the structure. A decision regarding
ADLS approval or denial may be made by a hearing examiner or committee designated by the
Commission, after a public hearing held in accordance with the Commission's Rules of
Procedure. However, any decision of a hearing examiner or committee which approves or
denies any requested modification may be appealed by the Director or any interested party
(including the Developer) to the Commission, also in accordance with the Commission's Rules
of Procedure.
Section 9. Blocks.
9.1. The following standards and guidelines apply to blocks within the Primary Area:
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A. Except as otherwise depicted on the Development Plan, streets shall be designed
to create blocks that are generally rectilinear in shape, a modified rectilinear
shape, or other distinct geometric shape, except where topographic or other
conditions necessitate a different configuration. Generally, blocks (other than
commercial and apartment blocks in the Primary Area) should be designed to
have a maximum length of 600 feet unless bisected by an alley or pedestrian way.
Alleys shall be permitted to bisect blocks.
B. Each block shall be designated with a build-to line which shall establish the front
yard setback for the lots on the block. The build-to line shall not be closer to the
frontage line than the build-to line for the proposed uses established in Section
15. A minimum of 75 percent of all buildings on the block shall sit back no
further than the build-to line,with the remaining 25 percent allowed to vary by
being further setback no greater than 75 percent of the distance from the
frontage line to the build-to line for residential or no further than the maximum
setback for commercial uses. Buildings shall be allowed to come forward of the
build-to line by no greater than 25 percent of the distance between the frontage
line and the build-to line for residential structures and 50 percent of such
distance for other buildings.
C. In order to eliminate the appearance of a standardized subdivision, lots are not
required to be uniform in size.
9.2. Except as otherwise depicted on the Development Plan, blocks in the Secondary Area
shall conform to the requirements of Section 6.4 of the Subdivision Control Ordinance.
9.3. Apartment blocks and commercial blocks in the Primary Area delineated on the
evelopment Plan may, notwithstanding any such designation, be utilized for any use
permitted under Sections 5 and 6.
Section 10. Streets.
10.1. Subject to the last sentence of this Section 10.1, the street layout and type (including
rights-of-way, cartways and curbing) within the District shall be as indicated on the
Development Plan, adapted as appropriate to the topography, unique natural features and
environmental constraints of the site. The street layout shall take into consideration the
location of the community focus, other open space areas, gateways, and vistas. Streets shown
on the Development Plan may be eliminated or relocated as part of an approved final plat to
consolidate blocks for development as long as there is no materially adverse impact on the flow
of traffic within the District.
10.2. Intentionally omitted
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