Dalworthington Gardens
City Zoning Code

The applicant shall submit the application with the concept plan.

The zoning administrator and other relevant city staff persons shall review the application and the concept plan, may conduct a pre-hearing conference thereon (one or more, as the zoning administrator may require) with the applicant, and may require data from the applicant supplementing the concept plan.

The zoning administrator shall prepare a staff report to the commission on the application reviewing the conformance of the concept plan and the proposed development with the standards, spirit, and intent of this article.

The commission shall conduct a public hearing on the application in the same manner as any other request for zoning change, and shall make its recommendation to the council as required by law.

After receiving a report of the commission's recommendation on the application, the city council shall hold a public hearing to consider the approval of the concept plan. The city council may approve, approve with conditions or modifications, or deny the concept plan.

After city council approval of the concept plan, the applicant shall submit a final development plan that is in substantial conformance with the concept plan for commission and council approval thereof as a prerequisite to any development of the property.

The zoning map shall be amended so that the base district designation of the property shall bear a suffix of PD, PD-BR, or PD-R only after city council approval of the application, concept plan, and final development plan.

The dimensioned boundaries of the property, the location and widths of streets and highways adjacent to and on the property, and any other easements thereon or adjacent thereto;

The topography of the property showing elevations at 5-foot intervals;

The general location and description of existing utility services, including size of water and sewer mains;

Existing improvements proposed to be retained when the property is developed;

Undimensioned location and approximate size of proposed buildings;

Undimensioned proposed locations of parking and points of access;

All proposed uses and their approximate locations on the site;

Identifiable watercourses and low areas;

Proposed maximum height of buildings;

Proposed landscaped areas;

Height and elevation of all buildings.

The final plan shall clearly indicate all significant features of the proposed development, on an accurate scaled drawing, to include:

The city council may, at the request of the applicant, limit the proposed PD uses to less than all of the uses otherwise permitted by the base district regulations. Such limitation of uses shall be recited in the approved final plan and placed of record as herein provided.

A preliminary drainage study, as outlined in article 10.02 of this code shall be submitted concurrently with any final plan.

The final plan shall clearly indicate that the proposed development will be in completed in accordance with the provisions of the applicable plan approval district zoning.

Upon receipt of the approved final plan reflecting all stipulations approved by the city council, the zoning administrator shall record an official copy thereof.

All final plans recorded hereunder shall run with the land and be binding upon the applicant thereof, their successors and assigns, and shall limit and control the issuance of all building permits within the plan area.

Prior to issuance of any building permits, the final plan shall reflect all stipulations as approved by the city council and the property shall be platted in accordance with article 10.02 of this code and the platting policies of the commission and the council.

Except as provided in subsection (2) below, no building permit or certificate of occupancy shall be issued for any building or use within a PD, PD-BR, or PD-R district unless: a final plan and plat have been approved and the proposed building or use complies with such final plan and plat.

A property may only develop in accordance with the base district regulations without final plan and plat approval.

No material change shall be made to an approved final plan unless the same shall have first been approved as described in subsection (3) below.

A change in an approved final plan may be initiated by the zoning administrator if the same is not a material change. A change is not a material change if it will not result in any of the following:

Any proposed plan amendments shall be submitted by the applicant to the zoning administrator. Upon receipt of such a proposed plan revision, copies of the proposed revised plan shall be submitted to the council for its review and determination as to whether the proposed revision constitutes such a significant change in land use or structures that a public hearing should be called regarding said revision. If, in the council's determination, the proposed revised plan does not constitute a significant change, no public hearing shall be called and the revision shall be deemed approved. If such revision is determined by the council to be a significant change, a public hearing shall be scheduled regarding such revision, proper notice shall be given, and thereafter the proposed revision shall be considered by the council for approval or denial; provided, however, the council in its sole discretion may direct any development plan revision to the commission for its review and recommendation and, in such event, said revision shall follow the procedures set out in division 13 of this article herein regarding amendments. No proposed revision shall be effective until the same is approved by the council.

For residential developments, four (4) acres; and

For nonresidential developments, two (2) acres.

Density of development and maximum site coverage shall be established on the approved final plan with due regard to site and general area characteristics including land use, zoning, topography, thoroughfares and open space opportunity. In no case, however, shall maximum density and site coverage exceed the maximum percentages prescribed therefor in the applicable base district regulations.

When common open space is provided for recreational purposes, the developer may propose that the percentage of the gross site area in common open space be added to the maximum site coverage percentages referred to in subsection (1) above. In no case, however, shall the additional percentage points added to the maximum site coverage regulations total more than the total percentage of the site in common open space. Such proposal shall be evaluated as part of the plan.

Off-street parking facilities shall be provided at locations designated on the final plan.

Minimum off-street parking requirements shall be established on the final plan, but shall not be less than the minimum requirements for permitted uses prescribed in division 9 of this article.

The regulations of this district as to use, height, density, coverage, open space, setback and parking, shall be the same as provided in section 14.02.273 hereof.

The minimum gross land area which may be developed in this district is two (2) acres.

The standards and procedures for development in this district shall be as provided in this division for PD district development, but shall include also the following:

State the purpose and scope of the report and identify the study area of the project.

State all assumptions used in analysis and make reference to and/or include all supporting documents used to prepare the report.

Describe, in detail, proposed land use type(s) and size(s).

Identify number, location and type of proposed access drive(s) to the development site.

Evaluate intersection sightline distances from proposed driveways.

Provide a detailed summary of data collection efforts and results.

Estimate number of trips generated by the development site.

Identify most critical analysis period.

Determine anticipated directional distribution of site-generated traffic.

Intersection assignment of site traffic including through and turning movements.

Internal circulation of site traffic and parking

Need for turning lanes or bypass options at proposed driveway location(s)

Traffic control needs and warrants

Determine anticipated future non-site (background) traffic volumes.

Identify other “nearby approved” developments within the study area.

Evaluate “existing + site + nearby approved developments” traffic operating conditions to assess cumulative impact of traffic for pre-specified target year.

Recommend on-site and/or off-site road improvements for each traffic conditions separately (i.e. “existing,” “existing + site,” “existing + site + nearby approved developments,” and “future long-term”).

It is useful to address percent contribution to off-site road improvements by individual development sites (i.e. proposed and other nearby development site), based on number of new trips each and every one of these development sites generate and add to adjacent street network primarily during critical peak-hour.

Include findings and recommendations using nontechnical jargon to help planning and zoning commission with their decision making. A letter of opinion from a qualified professional is recommended.

To find the list of permitted uses, please see the matrix of permitted uses. Land uses not listed in the matrix but are substantially similar may be considered through the application process.

For off-street parking facility, the parking demand calculation can be done in the following manner:

The height of the building is restricted to 3 stories/floors or 40 feet (whichever is less).

A minimum of 12' sidewalk is required in the district with a minimum of 6' throughway zone.

Directory, monumental and wall sign shall be allowed in the mixed use overlay district. The height of directory sign is be restricted to 15'. One monument sign per lot per lot street frontage limited to a maximum of 75 sq. ft. per sign face and 6 ft. in height. An applicant has the option to install unique sign including size, color, type, design, and location, subject to approval from the city staff.

In addition to complying with the requirements of division 11 of this article, each lot in this district shall have not less than 20% landscaped open space.

Open space regulations. Provisions for public, private and common open space shall be evaluated with due regard to density, site coverage, and physical characteristics of the site and, if deemed necessary, required as part of the plan. When common open space, common recreational areas or common area containing some other amenity to the development are approved as a part of a final plan, such areas shall be retained and owned by the owner or owners of the residential units contained within the development or an owners’ association of which they are members, and shall be perpetually maintained by the owner or owners or the association as a part of the development for the use and benefit of the residents of the development.

To promote architectural diversity, city may consider less than 80% masonry, exceed the use of glass percent and allow use of more surface colors. However, all the designs and colors will require approval through the application process. The application will also be reviewed on the basis of harmony with the surrounding building types.

A design exception means a requested deviation from any building material, open gathering space standards, sign standards, matrix of permitted uses, or parking requirements. All requests for design exceptions shall go before the Dalworthington Gardens Planning and Zoning Commission for action and then to city council for final approval.

For residential developments, four (4) acres; and

For all other developments, two (2) acres.

Density of development and maximum site coverage shall be established on the approved final plan with due regard to site and general area characteristics including land use, zoning, topography, thoroughfares and open space opportunity. In no case, however, shall maximum density and site coverage exceed the maximum percentages prescribed in the applicable district regulations.

When common open space is provided for recreational purposes, the developer may propose that the percentage of the gross site area in common open space be added to the maximum site coverage percentages referred to in subsection (f)(1) above. In no case, however, shall the additional percentage points added to the maximum site coverage regulations total more than the total percentage of the site in common open space. Such proposal shall be evaluated as part of the plan.

Off-street parking facilities shall be provided at locations designated on the final plan.

Minimum off-street parking requirements shall be established on the final plan, but shall not be less than the minimum requirements for permitted uses prescribed in division 9 of this article.

The standards and procedures for development in this district shall be as provided in this division for PD district development, but shall include also the following: