Carrollton City Zoning Code

PLANNED DEVELOPMENTS

§ 159.050 DEFINITION.

For the purpose of this subchapter, the following definition apply unless the context clearly indicates or requires a different meaning.

PLANNED DEVELOPMENT (PD). A development wherein, in accordance with an approved development plan:

(1) Common open space is reserved;

(2) Various housing types and other structures and uses may be mixed; and/or

(3) Overall average density does not exceed the usual zoning district limit.

(Prior Code, § 40-3-20)

§ 159.051 OBJECTIVES.

This subchapter authorizes development of planned developments and establishes procedures in order to achieve the objectives enumerated in § 159.002 of this chapter and the following objectives:

(A) To provide a regulatory mechanism whereby the city can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the issuance of the necessary zoning and subdivision permits;

(B) To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;

(C) To preserve the natural topography, scenic features, mature trees and historic structures existing on sites proposed for development;

(D) To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;

(E) To ensure the provision of usable, common, open space in planned developments and to spur installation of various amenities therein; and

(F) To facilitate the economical installation of standard streets, sewers, utilities and other improvements.

(Prior Code, § 40-3-21)

§ 159.052 COMPLIANCE WITH REGULATIONS GENERALLY REQUIRED.

Except as specifically provided otherwise in this chapter, planned developments (including all structures and uses therein) shall, at a minimum, be built in conformity with all applicable codes and ordinances, including this chapter and Ch. 158 of this code of ordinances.

(Prior Code, § 40-3-22)

§ 159.053 DISTRICTS WHERE ALLOWED.

Planned developments may be built in any zoning district, but only upon the issuance of a special use permit by the Zoning Board of Appeals after a hearing before the Plan Commission. (See § 159.357 of this chapter.)

(Prior Code, § 40-3-23)

§ 159.054 PERMISSIBLE DEVIATION FROM CODE REQUIREMENTS.

The planned development concept is intended to afford both the developer and the city considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this section, planned developments may deviate from generally applicable code requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.

(A) Mixed uses. Planned developments may include all types of residential structures and any other uses approved by the Zoning Board of Appeals; provided that, in approving such mixed uses, the Zoning Board of Appeals may attach any conditions necessary to protect the public welfare.

(B) Lot and structure requirements. In planned developments, the Zoning Board of Appeals may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the PD are appropriately interrelated and property abutting the PD is adequately protected from any potential adverse impacts of the development. LOT AND STRUCTURE REQUIREMENTS means minimum individual lot area, width and depth, minimum setbacks and maximum structure height.

(C) Accessory uses. In PDs, the Zoning Board of Appeals may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.

(D) Location of parking/loading spaces. By permission of the Zoning Board of Appeals, off-street parking and loading spaces in PDs need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per §§ 159.215 through 159.227 of this chapter.

(Prior Code, § 40-3-24)

§ 159.055 PROCEDURES FOR PLANNED DEVELOPMENTS.

(A) Every applicant for planned development approval shall comply with the procedural requirements of this subchapter.

(B) The required procedures are as follows:

(1) Filing development plan with the Zoning Administrator;

(2) Review of plans by Plan Commission;

(3) Provision by the developer of adequate assurance for the completion of required improvements as per the development plan and subdivision regulations;

(4) Recommendation by Plan Commission;

(5) Public hearing by the Zoning Board of Appeals, as per the requirements of §§ 159.325 through 159.329 and 159.340 through 159.344 of this chapter;

(6) Decision of the Zoning Board of Appeals regarding approval/rejection of the development plan;

(7) Recording of development plan with the county’s Recorder of Deeds; and

(8) Approval of City Council (if necessary).

(Prior Code, § 40-3-25)

§ 159.056 APPLICATION; INFORMATION REQUIRED.

Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below.

(A) Written documents.

(1) Legal description of the total site proposed for development;

(2) Names and addresses of all owners of property within or adjacent to the proposed planned development;

(3) Statement of the planning objectives to be achieved by the PD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

(4) Development schedule indicating the approximate date when construction of the PD or stages of the PD can be expected to begin and to be completed;

(5) Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PD, such as land areas, dwelling units and the like; and

(6) Data indicating:

(a) Total number and type of proposed dwelling units;

(b) Gross and net acreage of parcel;

(d) Area of any commercial uses.

(B) Graphic materials.

(1) Existing site conditions, including contours at ten-foot intervals and locations of watercourses, floodplains, unique natural features and wooded areas;

(2) Proposed lot lines and plot designs;

(3) Proposed location, size in square feet and general appearance of all existing and proposed buildings (both residential and non-residential) and other structures and facilities;

(4) Location and size in acres or square feet or all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semi-public uses;

(5) Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership - public or private - should be included where appropriate);

(6) Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

(7) Existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines;

(8) General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;

(9) Enough information on land areas adjacent to the proposed PD to indicate the relationship between the proposed development and existing and proposed adjacent areas;

(10) Any additional information required by the city to evaluate the character and impact of the proposed PD; and

(11) Appropriate seals of the licensed surveyor, engineer or architect.

(Prior Code, § 40-3-26)

§ 159.057 CRITERIA CONSIDERED.

(A) The Zoning Board of Appeals, after meeting with the Plan Commission, shall compile a written report which either accepts or rejects the development plan.

(B) In making its decision, the Zoning Board of Appeals shall consider the following criteria:

(1) The extent to which the proposed development is consistent with the comprehensive plan and with the purposes of this chapter and of all other applicable codes and ordinances;

(2) The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including, but not limited to, the use, lot and building regulations of the district), and the apparent merits, if any, of said deviations;

(3) Whether the proposed design of the PD makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features and so forth;

(4) The compatibility of the proposed PD with adjacent properties and surrounding area; and

(5) Any other reasonable criteria that the Zoning Board of Appeals may devise.

(Prior Code, § 40-3-27)

§ 159.058 DECISION BY ZONING BOARD OF APPEALS.

(A) The Zoning Board of Appeals shall either approve or disapprove each and every development plan.

(B) However, the Zoning Board shall not approve any PD unless:

(1) The developer has posted a performance bond or deposited funds in escrow in the amount the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements;

(2) The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

(3) The proposed PD, as evidenced by the development plan, complies with all applicable codes, regulations and ordinances. (Deviations to the extent permitted under § 159.057 of this chapter shall not be deemed as non-complying.)

(Prior Code, § 40-3-28)

§ 159.059 CHANGES IN APPROVED PLANS.

No changes shall be made to any approved PD development plan, except as follows:

(A) Minor changes, if required by engineering or other circumstances, not foreseen at the time the final development plan was approved;

(B) All other changes shall require a public hearing before the Zoning Board of Appeals; and

(C) No approved change shall have any effect until it is recorded with the county’s Recorder of Deeds as an amendment to the recorded copy of the development plan.

(Prior Code, § 40-3-29)

§ 159.060 FAILURE TO BEGIN DEVELOPMENT.

(A) If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the development plan shall lapse upon written notice to the applicant from the Zoning Administrator and shall be of no further effect.

(B) However, in his or her discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction.

(1) The special use permit shall be automatically revoked;

(2) Any zoning permits shall automatically become null and void; and

(3) All regulations applicable before the PD was approved shall automatically be in full effect.

(Prior Code, § 40-3-30)

§ 159.061 MUNICIPAL EXEMPTION.

In conjunction with any existing or proposed development, the city shall be exempt from all of the provisions of this section.

(Prior Code, § 40-3-31)

Carrollton City Zoning Code

PLANNED DEVELOPMENTS

§ 159.050 DEFINITION.

For the purpose of this subchapter, the following definition apply unless the context clearly indicates or requires a different meaning.

PLANNED DEVELOPMENT (PD). A development wherein, in accordance with an approved development plan:

(1) Common open space is reserved;

(2) Various housing types and other structures and uses may be mixed; and/or

(3) Overall average density does not exceed the usual zoning district limit.

(Prior Code, § 40-3-20)

§ 159.051 OBJECTIVES.

This subchapter authorizes development of planned developments and establishes procedures in order to achieve the objectives enumerated in § 159.002 of this chapter and the following objectives:

(B) To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;

(C) To preserve the natural topography, scenic features, mature trees and historic structures existing on sites proposed for development;

(D) To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;

(E) To ensure the provision of usable, common, open space in planned developments and to spur installation of various amenities therein; and

(F) To facilitate the economical installation of standard streets, sewers, utilities and other improvements.

(Prior Code, § 40-3-21)

§ 159.052 COMPLIANCE WITH REGULATIONS GENERALLY REQUIRED.

(Prior Code, § 40-3-22)

§ 159.053 DISTRICTS WHERE ALLOWED.

(Prior Code, § 40-3-23)

§ 159.054 PERMISSIBLE DEVIATION FROM CODE REQUIREMENTS.

(Prior Code, § 40-3-24)

§ 159.055 PROCEDURES FOR PLANNED DEVELOPMENTS.

(A) Every applicant for planned development approval shall comply with the procedural requirements of this subchapter.

(B) The required procedures are as follows:

(1) Filing development plan with the Zoning Administrator;

(2) Review of plans by Plan Commission;

(3) Provision by the developer of adequate assurance for the completion of required improvements as per the development plan and subdivision regulations;

(4) Recommendation by Plan Commission;

(5) Public hearing by the Zoning Board of Appeals, as per the requirements of §§ 159.325 through 159.329 and 159.340 through 159.344 of this chapter;

(6) Decision of the Zoning Board of Appeals regarding approval/rejection of the development plan;

(7) Recording of development plan with the county’s Recorder of Deeds; and

(8) Approval of City Council (if necessary).

(Prior Code, § 40-3-25)

§ 159.056 APPLICATION; INFORMATION REQUIRED.

Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below.

(A) Written documents.

(1) Legal description of the total site proposed for development;

(2) Names and addresses of all owners of property within or adjacent to the proposed planned development;

(4) Development schedule indicating the approximate date when construction of the PD or stages of the PD can be expected to begin and to be completed;

(5) Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PD, such as land areas, dwelling units and the like; and

(6) Data indicating:

(a) Total number and type of proposed dwelling units;

(b) Gross and net acreage of parcel;

(d) Area of any commercial uses.

(B) Graphic materials.

(1) Existing site conditions, including contours at ten-foot intervals and locations of watercourses, floodplains, unique natural features and wooded areas;

(2) Proposed lot lines and plot designs;

(3) Proposed location, size in square feet and general appearance of all existing and proposed buildings (both residential and non-residential) and other structures and facilities;

(6) Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

(7) Existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines;

(8) General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;

(9) Enough information on land areas adjacent to the proposed PD to indicate the relationship between the proposed development and existing and proposed adjacent areas;

(10) Any additional information required by the city to evaluate the character and impact of the proposed PD; and

(11) Appropriate seals of the licensed surveyor, engineer or architect.

(Prior Code, § 40-3-26)

§ 159.057 CRITERIA CONSIDERED.

(A) The Zoning Board of Appeals, after meeting with the Plan Commission, shall compile a written report which either accepts or rejects the development plan.

(B) In making its decision, the Zoning Board of Appeals shall consider the following criteria:

(1) The extent to which the proposed development is consistent with the comprehensive plan and with the purposes of this chapter and of all other applicable codes and ordinances;

(4) The compatibility of the proposed PD with adjacent properties and surrounding area; and

(5) Any other reasonable criteria that the Zoning Board of Appeals may devise.

(Prior Code, § 40-3-27)

§ 159.058 DECISION BY ZONING BOARD OF APPEALS.

(A) The Zoning Board of Appeals shall either approve or disapprove each and every development plan.

(B) However, the Zoning Board shall not approve any PD unless:

(1) The developer has posted a performance bond or deposited funds in escrow in the amount the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements;

(2) The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

(Prior Code, § 40-3-28)

§ 159.059 CHANGES IN APPROVED PLANS.

No changes shall be made to any approved PD development plan, except as follows:

(A) Minor changes, if required by engineering or other circumstances, not foreseen at the time the final development plan was approved;

(B) All other changes shall require a public hearing before the Zoning Board of Appeals; and

(C) No approved change shall have any effect until it is recorded with the county’s Recorder of Deeds as an amendment to the recorded copy of the development plan.

(Prior Code, § 40-3-29)

§ 159.060 FAILURE TO BEGIN DEVELOPMENT.

(B) However, in his or her discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction.

(1) The special use permit shall be automatically revoked;

(2) Any zoning permits shall automatically become null and void; and

(3) All regulations applicable before the PD was approved shall automatically be in full effect.

(Prior Code, § 40-3-30)

§ 159.061 MUNICIPAL EXEMPTION.

In conjunction with any existing or proposed development, the city shall be exempt from all of the provisions of this section.

(Prior Code, § 40-3-31)

Carrollton City Zoning Code

PLANNED DEVELOPMENTS

§ 159.050 DEFINITION.

For the purpose of this subchapter, the following definition apply unless the context clearly indicates or requires a different meaning.

PLANNED DEVELOPMENT (PD). A development wherein, in accordance with an approved development plan:

(1) Common open space is reserved;

(2) Various housing types and other structures and uses may be mixed; and/or

(3) Overall average density does not exceed the usual zoning district limit.

(Prior Code, § 40-3-20)

§ 159.051 OBJECTIVES.

This subchapter authorizes development of planned developments and establishes procedures in order to achieve the objectives enumerated in § 159.002 of this chapter and the following objectives:

(B) To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;

(C) To preserve the natural topography, scenic features, mature trees and historic structures existing on sites proposed for development;

(D) To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;

(E) To ensure the provision of usable, common, open space in planned developments and to spur installation of various amenities therein; and

(F) To facilitate the economical installation of standard streets, sewers, utilities and other improvements.

(Prior Code, § 40-3-21)

§ 159.052 COMPLIANCE WITH REGULATIONS GENERALLY REQUIRED.

(Prior Code, § 40-3-22)

§ 159.053 DISTRICTS WHERE ALLOWED.

(Prior Code, § 40-3-23)

§ 159.054 PERMISSIBLE DEVIATION FROM CODE REQUIREMENTS.

(Prior Code, § 40-3-24)

§ 159.055 PROCEDURES FOR PLANNED DEVELOPMENTS.

(A) Every applicant for planned development approval shall comply with the procedural requirements of this subchapter.

(B) The required procedures are as follows:

(1) Filing development plan with the Zoning Administrator;

(2) Review of plans by Plan Commission;

(3) Provision by the developer of adequate assurance for the completion of required improvements as per the development plan and subdivision regulations;

(4) Recommendation by Plan Commission;

(5) Public hearing by the Zoning Board of Appeals, as per the requirements of §§ 159.325 through 159.329 and 159.340 through 159.344 of this chapter;

(6) Decision of the Zoning Board of Appeals regarding approval/rejection of the development plan;

(7) Recording of development plan with the county’s Recorder of Deeds; and

(8) Approval of City Council (if necessary).

(Prior Code, § 40-3-25)

§ 159.056 APPLICATION; INFORMATION REQUIRED.

Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form, the items of information listed below.

(A) Written documents.

(1) Legal description of the total site proposed for development;

(2) Names and addresses of all owners of property within or adjacent to the proposed planned development;

(4) Development schedule indicating the approximate date when construction of the PD or stages of the PD can be expected to begin and to be completed;

(5) Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PD, such as land areas, dwelling units and the like; and

(6) Data indicating:

(a) Total number and type of proposed dwelling units;

(b) Gross and net acreage of parcel;

(d) Area of any commercial uses.

(B) Graphic materials.

(1) Existing site conditions, including contours at ten-foot intervals and locations of watercourses, floodplains, unique natural features and wooded areas;

(2) Proposed lot lines and plot designs;

(3) Proposed location, size in square feet and general appearance of all existing and proposed buildings (both residential and non-residential) and other structures and facilities;

(6) Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

(7) Existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines;

(8) General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;

(9) Enough information on land areas adjacent to the proposed PD to indicate the relationship between the proposed development and existing and proposed adjacent areas;

(10) Any additional information required by the city to evaluate the character and impact of the proposed PD; and

(11) Appropriate seals of the licensed surveyor, engineer or architect.

(Prior Code, § 40-3-26)

§ 159.057 CRITERIA CONSIDERED.

(A) The Zoning Board of Appeals, after meeting with the Plan Commission, shall compile a written report which either accepts or rejects the development plan.

(B) In making its decision, the Zoning Board of Appeals shall consider the following criteria:

(1) The extent to which the proposed development is consistent with the comprehensive plan and with the purposes of this chapter and of all other applicable codes and ordinances;

(4) The compatibility of the proposed PD with adjacent properties and surrounding area; and

(5) Any other reasonable criteria that the Zoning Board of Appeals may devise.

(Prior Code, § 40-3-27)

§ 159.058 DECISION BY ZONING BOARD OF APPEALS.

(A) The Zoning Board of Appeals shall either approve or disapprove each and every development plan.

(B) However, the Zoning Board shall not approve any PD unless:

(1) The developer has posted a performance bond or deposited funds in escrow in the amount the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements;

(2) The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

(Prior Code, § 40-3-28)

§ 159.059 CHANGES IN APPROVED PLANS.

No changes shall be made to any approved PD development plan, except as follows:

(A) Minor changes, if required by engineering or other circumstances, not foreseen at the time the final development plan was approved;

(B) All other changes shall require a public hearing before the Zoning Board of Appeals; and

(C) No approved change shall have any effect until it is recorded with the county’s Recorder of Deeds as an amendment to the recorded copy of the development plan.

(Prior Code, § 40-3-29)

§ 159.060 FAILURE TO BEGIN DEVELOPMENT.

(B) However, in his or her discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction.

(1) The special use permit shall be automatically revoked;

(2) Any zoning permits shall automatically become null and void; and

(3) All regulations applicable before the PD was approved shall automatically be in full effect.

(Prior Code, § 40-3-30)

§ 159.061 MUNICIPAL EXEMPTION.

In conjunction with any existing or proposed development, the city shall be exempt from all of the provisions of this section.

(Prior Code, § 40-3-31)