CHAPTER 330
Planned Commercial Overlay District

330.01 Purpose
330.02 Establishment and application
330.03 Minimum project area
330.04 Use regulations
330.05 Site development standards
330.06 Plan approval

SECTION 330.01 PURPOSE.

The Planned Commercial Overlay District (PCOD) regulations are established in order to encourage and accommodate planned commercial development when it is compatible with it's surrounding uses and on land that could be suitably used as regulated by the underlying zone. It is intended that PCODs will allow a diversity and convenience not traditionally permitted. This overlay district and the uses allowed herein are centered on the goal of locating useful businesses and services on the township's major streets in close proximity to its patrons, more specifically, surrounding residential properties.

This district, shall only be considered by the Zoning Commission and Board of Trustees in the following locations:

Further, these regulations are designed to achieve, among others, the following objectives:

  1. To encourage the design and development of non-residential uses in a manner which enhances the Township's image through the application of site design principles and review procedures, which assure a high-quality of development including the provision of aesthetic amenities.

  2. To give the Township the ability to permit a broad range of non-residential uses in a manner that ensures that such uses are compatible with the surrounding environment, specifically residential uses.

  3. To prevent the broad application of rezoning from either Residential Districts to Office or Commercial Districts which may result in unacceptable impacts to surrounding uses.

SECTION 330.02 ESTABLISHMENT AND APPLICATION OF A PLANNED COMMERCIAL OVERLAY DISTRICT.

  1. A Planned Commercial Overlay District (PCOD) shall be established pursuant to the established procedures for a Zoning Map amendment outlined in Chapter 660, provided that at the time such amendment is proposed, a general development plan depicting the overall development for the PCOD District has been submitted. Such development plan shall comply with the Development Plan submission requirements and the review criteria set forth in Chapter 620.

  2. The boundaries of the Planned Commercial Overlay District (PCOD) shall be indicated on the Official Zoning Map. Such districts shall also include the label of the zoning designation in effect at the time the PCOD application was submitted. This existing zoning shall continue as the property's underlying zoning classification. (Note: A PCOD designation overlaid over an R-1 zone would read "PCOD/R-1" on the Official Zoning Map).

SECTION 330.03 MINIMUM PROJECT AREA.

The area proposed to be re-zoned and developed as a Planned Commercial Overlay shall be in one ownership, or if in several ownerships, the application shall be filed jointly by all owners of the properties included in the proposed PCOD boundaries. The gross area of a development plan in a PCOD shall be a minimum of ten (10) acres.

SECTION 330.04 USE REGULATIONS.

  1. A use listed in Schedule 330.04 shall be permitted by right as a principal use when denoted by the letter "P" provided that all requirements of other township resolutions and this Zoning Resolution have been met.

  2. A use listed in Schedule 330.04 shall be permitted as a conditional use when denoted by the letter "C", provided the Board of Zoning Appeals first makes the determination that requirements of Chapter 390 have been met according to the procedures set forth in Chapter 630. A use that has been conditionally approved by the Board of Zoning Appeals shall also be reviewed by the Zoning Commission as part of a development plan pursuant to Chapter 620.

  3. A use listed below shall be permitted as an accessory use in a PCOD district and shall be incorporated in the initial and all subsequent site development plan submissions for review and consideration by the Zoning Commission. Such use shall be permitted as a subordinate building or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses are further regulated in subsequent sections, as noted below.

    1. Off-street parking and loading areas as regulated by Section 350.08 and Chapter 410 unless modified by the Zoning Commission pursuant to the provisions of this chapter.

    2. Signs as regulated by Chapter 420 unless modified by the Zoning Commission pursuant to the provisions of this chapter.

    3. Other uses of land or buildings which are clearly incident and subordinate to the principal use.

Although a use may be indicated as a permitted principal, conditional, or accessory use in the PCOD District, it shall not be approved on a parcel, or as part of a development plan, unless it can be located thereon in full compliance with all of the standards and other regulations of this Resolution applicable to the specific use and parcel in question. Any use not specifically listed as a permitted principal use or conditional use shall be a prohibited use in this zoning district and shall only be permitted upon amendment of this Resolution and/or the Zoning Map as regulated in Chapter 660.

SCHEDULE 330.04
USES PERMITTED IN THE PLANNED COMMERCIAL OVERLAY DISTRICT

Planned Commercial Overlay District (PCOD)
A. Offices
1. Professional, administrative, executive officesP
2. Medical officesP
3. Medical clinicsP
4. Sales office with only samples of productsP
B. Retail/Services
1. Retail in completely enclosed buildingsP
2. Personal services in completely enclosed buildingsP
3. Automated teller machinesP
4. Bank, financial institutionP
5. Drive-through facilities in association with a principal useC
6. Outdoor displayP
7. RestaurantsP
8. Studios for artist, photography, etc. which may include retail salesP
C. Community Facilities
1. Adult day care centerC
2. Assembly hall, meeting placeC
3. Child day care centerC
4. Places of worshipC
5. Public safety facilitiesP
D. Telecommunication Towers(a)
P = Principal use permitted by right
C = Conditional use
(a) = As permitted pursuant to Chapter 460

SECTION 330.05 SITE DEVELOPMENT STANDARDS.

For the purpose of review and approval of a PCOD, development boundaries set forth by the development plan shall be considered the project boundaries for the purpose of determining compliance with development standards in this Chapter

Unless otherwise approved by the Zoning Commission, pursuant to this chapter and the procedures in Chapter 620, all development standards must comply with the standards applicable to the C-1 District. However, consistent with the intent and purposes of this District, the Zoning Commission reserves the ability to provide relief from such C-1 standards, provided that the Applicant demonstrates to the satisfaction of the Commission that the development plan is consistent with the purpose, intent, and character set forth by the goals and objectives of this District and the adopted Comprehensive Land Use Plan. However, these district regulations do not authorize the Zoning Commission to waive the regulations set forth in Section 350.12 "PERFORMANCE STANDARDS."

  1. A maximum of seventy (70) percent of the total land area of the project shall be devoted to buildings, parking, access driveways, roadways and any other hard surface areas. Conversely, the remaining thirty (30) percent of the site shall be comprised of open space, landscaping and buffer areas. Retention basins are not to be included in the open space requirement unless it is determined by the Zoning Commission that they are designed as part of the open space in a manner that is compatible with the surrounding environment with respect to slope, materials, landscaping, etc.

  2. Required setbacks.

    1. All buildings shall be setback a minimum of twenty-five (25) feet from an existing public street and from residentially zoned land that abuts the project boundaries.

    2. Parking lots and access drives shall be setback a minimum of twenty (20) feet from an existing public street and from residentially owned land that abuts the project boundaries.

    3. The building and parking setbacks from internal roads and access drives, between buildings, between parcels (if the portions of the project are proposed to be subdivided) and adjacent to nonresidential developments surrounding the proposed development in a Planned Commercial Overlay District shall be established by the Zoning Commission.

  3. A minimum lot size for separate uses within the development is not required. These shall be established as part of the Zoning Commission's review and approval of the development plan.

  4. The Zoning Commission may approve fewer off-street parking spaces than required in Chapter 410 Off-Street Parking and Loading Regulations when the applicant demonstrates to the satisfaction of the Zoning Commission that the number of parking spaces proposed is acceptable to meet the needs of both the uses and tenants initially anticipated in the development, as well as uses that are permitted to occupy the spaces in the future.

  5. Walkways shall be provided for convenient pedestrian access throughout the development and from the development to other areas of the community. Walkways shall be constructed of concrete or asphalt unless otherwise permitted by the Zoning Commission.

  6. Additional development requirements to achieve the objectives of this Chapter may be established at the time the PCOD development plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the proposed development.

  7. If development is to be implemented in phases, each phase shall have provisions for access, parking, storm water management, and other public improvements which are sufficient in number, quality, and design to serve the development in accordance with the applicable criteria set forth above. And, each phase shall be provided with temporary or permanent features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property.

SECTION 330.06 PLAN APPROVAL.

The applicant for a Planned Commercial Overlay shall submit development plans in accordance with Chapter 620.

Rootstown Township Zoning Resolution 2/14/03

CHAPTER 330
Planned Commercial Overlay District Regulations