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. Accessory uses and buildings customarily incidental
to any permitted use in this section.
B. Dwellings, single-family detached.
C. Dwellings, single-family semidetached.
D. Dwellings, single-family attached.
E. Dwellings, multiple-family.
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.
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.
[Amended 11-24-2008 by Ord. No. 792]
E. The project accounts for and implements the recommendations
of adopted comprehensive and neighborhood plans.
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.