[Added 7-10-2006 by Ord. No. 745]
The Compatible Neighborhood Overlay Zone (CN
Zone) is intended to provide for the infill development of land in
certain older neighborhoods and to afford flexibility to allow property
owners to take advantage of the unique development opportunities which
are presented in those neighborhoods. The CN Zone is a mapped zone
which is superimposed over the R-7,500 Residential Zone in certain
older neighborhoods that provides some alternative requirements for
development within that underlying zone. Once property is placed in
this zone, applicants may request that development therein be subject
to the approval of the Commission and the Planning Director in accordance
with the standards and procedures of this article. The CN Zone provides
a flexible basis for development which could not occur under the requisites
of the underlying zone.
It is the purpose of the CN Zone to provide
suitable sites for infill development within certain older neighborhoods
and to allow new and redevelopment projects which are integrated with
the existing character, land use pattern and infrastructure networks
of those older neighborhoods.
A.
The following objectives are sought in providing for
this zone:
(1)
To encourage developers to use a more creative
approach in the development of land in older neighborhoods;
(2)
To encourage more efficient allocation and maintenance
of common open space when providing such housing through private initiative;
(3)
To encourage variety in the physical development
of patterns of such housing;
(4)
To encourage creativity in the site design,
create housing that is highly accessible to goods and services, and
increase consumer choice in housing by providing for a mix of housing
types and lot sizes;
(5)
To create a process which overcomes deficiencies
in ordinary planning processes and removes obstacles not addressed
in those processes;
(6)
To minimize the cost of extending or expanding
public services and facilities by encouraging appropriate development
in certain older neighborhoods;
(7)
To attract an appropriate mix of land uses;
(8)
To encourage development which complements and
enhances the character of the area, including its historic resources;
(9)
To ensure the developments within this zone
possess a desired urban design relationship with one another and adjoining
areas;
(10)
To provide flexibility in the design and the
layout of building structures and to promote a coordinated and integrated
development scheme; and
(11)
To provide a wide range of houses available
to all socioeconomic groups.
B.
The fact that an application complies with all specific
requirements and purposes set forth herein shall not be deemed to
create a presumption that the application is, in fact, compatible
with surrounding land uses and, in itself, shall not be sufficient
to require the approval of a detailed site plan.
[Amended 11-12-2018 by Ord. No. 897]
The CN Zone shall be placed only over property
located in the City's R-7,500 or R-10,000 Residential Zone. The requisites
of the underlying zone are modified and superseded by those contained
in this article at the request of the applicant and approval of a
detailed site plan by the Commission and the Planning Director. In
the event of any conflict, the provisions of this article shall control.
Under this section, no building, structure or
land shall be used and no building or structure shall hereafter be
erected, structurally altered, enlarged or maintained, except for
one or more of the following uses:
A.
The location, size, height, setback and lot coverage
of all structural improvements, as well as open spaces and green areas
shown on an approved detailed site plan shall constitute the regulations
for these improvements and areas in the CN Zone. The detailed site
plan shall explicitly specify maximum values for heights, setbacks,
and lot coverages. The corresponding regulations of the underlying
zone do not apply to property developed under the provisions of the
CN Zone unless so specified elsewhere in this chapter.
B.
Landscaping and screening of development within the
CN Zone shall be provided pursuant to the provisions of the City's
Landscape Manual. Additional buffering and screening may be required
to satisfy the purposes of the CN Zone and to protect the unique character
of that zone from adjoining land uses.
All uses permitted and developments proposed shall achieve the purposes set forth in § 164-45.14 and be compatible with other uses existing or proposed adjacent to and in the vicinity of the area covered by the proposed development.
A.
An application for zonal classification to the CN
Zone may be made by a local, sectional or comprehensive amendment.
[Amended 11-12-2018 by Ord. No. 897]
B.
Applicants seeking approval of a detailed site plan
in the CN Zone shall submit a conceptual plan to the Planning Director
for review and comment before acceptance of a detailed site plan for
the project. The conceptual plan should be submitted prior to the
completion of detailed engineering work.
C.
Applicants shall be required to obtain approval of the detailed site plan from the Planning Director and Commission and comply with the requisites of Article XXV of this chapter. Approval of the detailed site plan shall also be subject to the provisions of § 164-198E, and a detailed site plan shall serve as a preliminary plan.
E.
For the purposes of this article, a detailed site plan shall contain all of the information required for a site plan as provided in § 164-208, as well as any other information required in procedures adopted by the Planning Director and approved by resolution of the Mayor and Common Council. Those procedures may also contain guidelines to assist applicants in developing properties under the requirements of this zone.
Submission of a detailed site plan commits the
applicant to a greater degree of authority by the Commission and Planning
Director. In considering such an application, the Commission and the
Planning Director shall take into account the extent to which the
following goals are met:
A.
The optimal density and mix of housing types for the
neighborhood is provided. In considering this criteria, the Commission
and Planning Director shall consider the following factors when determining
the appropriate permitted density:
(1)
The specific location of the property in relation
to the distribution of existing density and housing types in the area.
(2)
The current and maximum potential capacity of
the local roadway, water, sewer, and storm drain networks.
(3)
The unique character of the property in regard
to topography, sight lines, access, valuable environmental features,
and the underlying zoning district, and any other factor deemed relevant
by the Commission or the Planning Director.
B.
The configuration of lots, lot widths, lot coverages,
and setbacks are compatible with the character of the neighborhood.
C.
The height, orientation, and architectural character
of structures are compatible with the neighborhood's housing stock.
The Commission and Planning Director shall approve architectural elevation
drawings of all street-facing facades as part of the application.
The Commission and Planning Director may require certain materials,
architectural treatment, and locations of windows and doors for these
facades in accordance with the established architectural vernacular
in the neighborhood.
D.
The development is served with safe, efficient, and
adequate pedestrian and vehicular networks.
(1)
The existing pedestrian and vehicular networks
shall be seamlessly extended through the site whenever possible. The
widths and corner radii of streets, alleys, sidewalks, and paths shall
be specified by the Commission or the Planning Director.
(2)
The number of parking spaces required and the locations, dimensions, and setbacks of parking areas shall be determined by the Commission and the Planning Director. In all cases there shall be a minimum of one parking space per dwelling unit. The Commission or Planning Director may require parking to be satisfied through any combination of on-site parking, on-street parking, and off-site parking guaranteed through long-term lease agreements or easements. In no case shall the number of parking spaces required exceed the requirements specified in § 164-111.
(3)
If the Planning Director determines that the
size, configuration or other physical characteristic of the site of
the planned use makes it impossible for the user to provide adequate
on-site parking thereby creating a hardship, the Planning Director
may, in the Planning Director's discretion, upon application from
the applicant, allow a reduction in the number of spaces; provided,
however, that the applicant shall pay the City a one-time benefit
assessment charge as provided in the General Fee Ordinance.[1]
[Amended 11-24-2008 by Ord. No. 792]
E.
The project accounts for and implements the recommendations
of adopted comprehensive and neighborhood plans.
A.
The Commission and Planning Director shall approve,
subject to conditions, or disapprove the application for a detailed
site plan and notify the applicant in writing.
B.
In considering an application for a detailed site
plan, the Commission and Planning Director shall consider whether
the application and the detailed site plan fulfill the purposes and
requisites set forth in this article. In doing so, the Commission
and Planning Director shall make the following specific findings,
in addition to any other findings which may be found to be necessary
and appropriate to the evaluation of a proposed detailed site plan:
(1)
That the proposed development would comply with
the purposes, standards and regulations of the CN Zone, would provide
the maximum safety, convenience and amenity to the residents of the
development and would be compatible with adjacent development. In
making that determination, the Commission and Planning Director shall
consider the location, size and design of buildings, signs, other
structures, open spaces, landscaping, pedestrian and vehicular circulation
systems, parking and loading areas.
(2)
Each structure and use, in the manner proposed,
is compatible with other structures and uses in the proposed development
and with existing and proposed adjacent development.
A.
An approved detailed site plan or amendment thereof
shall remain valid for a period of one year from final plat approval.
An applicant may petition the Planning Director and Commission for
up to a four-to-six-month extension with a showing of extraordinary
circumstances.
B.
An approved detailed site plan may be amended upon application by the developer, the property owner, the Commission or the Planning Director. Any application for an amendment to an approved detailed site plan shall be filed with the Planning Director and subject to all of the procedures and requirements contained in this chapter pertaining to the CN Zone, except as provided in Subsection C. The Commission and the Planning Director shall approve, approve with modifications or disapprove the application for amendment of an approved detailed site plan.
C.
The Planning Director is authorized to approve applications for minor amendments to a detailed site plan to allow for the construction of decks, porches or other small additions. The Planning Director, in the Planning Director's discretion, may determine that the application requires the review and approvals provided in Subsection B.
Any person aggrieved by any decision of the
Commission or Planning Director, or any taxpayer or any officer, department
head, board or bureau of the City may appeal the same to the Circuit
Court for Carroll County. Such appeal shall be taken in accordance
with applicable provisions of the Maryland Rules that are in effect
at that time.
