Hampstead City Zoning Code
ARTICLE XXVII
Planned Unit Development
§ 135-230 Applicable regulations.
[Amended 6-13-1995 by Ord. No. 267]
§ 135-231 Purpose and objectives.
A.
Within the limit of these requirements, it is the purpose of the planned unit development to provide suitable sites for relatively higher density types of residential structures in areas zoned as R-10,000 and R-7,500 Districts and to permit the optimum amount of freedom and variety in the design and management of such varying types of residential structures, including one- and two-family units, townhouses and garden apartments, within the areas designated.
B.
The following objectives are sought in providing for the planned unit development:
(1)
To provide a more attractive and varied living environment than would be possible through the strict application of R district requirements.
(2)
To encourage developers to use a more creative approach in the development of land.
(3)
To encourage a more intimate, efficient and aesthetic use of open space.
(4)
To encourage variety in the physical development patterns of residential areas.
§ 135-232 Area requirements.
[Amended 3-20-1989 by Ord. No. 218]
A.
The proposed planned unit development shall normally include a tract of land not less than 20 acres in an R-10,000 and R-7500 District.
B.
Where the acreage in a planned unit development project is 100 acres or more, the Commission may approve the development plan as part of the overall plan of a planned business center in which the B-L Business District uses may be located in accordance with Article XXV; provided, however, that such planned business center is located in a manner as to be an integral part of the development itself and not as a means of servicing adjacent areas or as a basis by which a business district may be extended to adjacent properties.
§ 135-233 Designation of suitability.
A.
Land which is zoned properly and which meets the minimum requirements may be designated by the Commission as suitable for a planned unit development and may be developed by the owner, if he so desires, according to the requirements and standards herein.
B.
No land or development project shall be designated as a planned unit development unless it satisfactorily meets criteria set forth in § 120-9D. Such criteria shall include but not be limited to present or potential adequacy of schools and highway access. Designation as a planned unit development does not guarantee that the plan will be granted future approvals. The plan must satisfy all applicable state, county and Town codes at the time of each subsequent approval.
[Amended 6-13-1995 by Ord. No. 267; 11-28-1995 by Ord. No. 274; 2-13-2018 by Ord. No. 521]
§ 135-234 Dwelling units; other buildings.
[Amended 3-20-1989 by Ord. No. 218]
A.
Dwelling units may include single-family, two-family or multifamily structures; based on density requirements, standards described, nature of adjacent development and compensating features of the development plan. The Commission may approve places of public assembly, recreational buildings and accessory buildings if primarily for use by persons residing with the planned unit development and if located in a manner not detrimental to adjacent properties.
B.
The sum of the number of dwelling units in multifamily structures shall not constitute more than 50% of all dwelling units of all types.
§ 135-235 Density.
[Amended 3-20-1989 by Ord. No. 218; 2-13-2018 by Ord. No. 521]
A.
The gross density of a planned unit development shall not exceed the equivalent of four dwelling units per gross acre. Such density shall be calculated as follows, as applicable to multifamily structures:
B.
Calculation of gross acreage shall include all land within the PUD tract, regardless of use.
§ 135-236 Open space.
[Amended 2-12-2008 by Ord. No. 442]
Common open space shall comprise not less than 25% of the gross area. Such space shall include land area to be developed as recreational areas or which is designated for the common use of all occupants of the planned unit development and other residents if so designated on the plats, but shall not include streets, off-street parking areas or utility easements. The Commission must be furnished satisfactory evidence, as a condition for approval, that such open space area will be continued and that perpetual maintenance is provided for in accordance with Chapter 121 of the Hampstead Town Code.
§ 135-237 Water and sewerage systems.
Prior to accepting for approval a development plan for a planned unit development, the Commission must be furnished satisfactory evidence that acceptable community water and sewerage systems will be provided and approved by the Health Department, as well as by any other agency having jurisdiction over such matters.
§ 135-238 Development plan.
[Amended 1-23-1996 by Ord. No. 285]
A.
Applications for approval of a planned unit development must be accompanied by a development plan prepared by a licensed architect, registered civil engineer, professional landscape architect or other qualified land planner. The development plan shall be to scale and contain sufficient information to establish the identity of proposed uses, grades and approximate dimensions and locations of proposed structures, streets, parking areas, walkways, easements and property lines.
B.
After approval of the development plan by the Commission, any material change therein shall require a resubmission of such plan for approval.
C.
The approved planned unit development (PUD) shall have an executed public works agreement (PWA) and have grading permits issued within one year of the date of final approval or the approval will automatically expire and the PUD must be resubmitted for final approval. The PUD will be subject to the regulations in force at the time of resubmission.
§ 135-239 Standards for location of dwelling units.
[Amended 3-20-1989 by Ord. No. 218]
A.
Within 100 feet of any other property in an R district, dwellings shall be of single-family types.
B.
As a condition of approval of a planned unit development in which multifamily dwellings are proposed, the Commission shall require, over and above other standards herein, that these uses be so arranged and distributed and appropriately related to open space, single-family dwellings and/or semidetached dwellings that higher densities are not unreasonably and disproportionately concentrated in these locations so as to concentrate traffic on minor residential streets.
§ 135-240 Area, yard and dwelling unit per building standards.
[Amended 3-20-1989 by Ord. No. 218; 2-13-2018 by Ord. No. 521]
Area requirement yard and dwelling unit per building standards shall be as follows:
Use | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | Maximum Number Dwelling Units per Building | |
|---|---|---|---|---|---|---|---|
Single-family | |||||||
Interior lot | 7,000 | 60 | 25 | 10 (one) 20 (sum of both) | 35 | 1 | |
Corner lot | 7,500 | 70 | 25 | 20 (corner) 30 (for both) | 35 | 1 | |
Semidetached (1/2 building) | |||||||
Interior lot | 5,000 | 50 | 30 | 15 | 35 | 2 | |
Corner lot | 6,000 | 60 | 30 | 30 | 35 | 2 | |
Apartment houses1 | |||||||
Interior yard | 20,000 | 150 | 30 | 30 | 35 | 12 | |
Street corner | (3,000 square feet per apartment unit) | 150 | 30 | 30 | 35 | 12 | |
Townhouses2 | |||||||
Interior lot | 2,000 | 20 | 25 | 0 | 35 | 8 | |
End dwelling (no street corner) | 3,000 | 30 | 25 | 10 | 35 | 8 | |
End dwelling (street corner) | 4,000 | 40 | 25 | 20 | 35 | 8 | |
NOTES: 1 Where more than one apartment building is placed on a tract of land and all are considered contiguous units, there shall not be less than 60 feet between the long dimensions of any buildings or building groups, regardless of the relation between front and rear facades; not less than 25 feet between the ends of the buildings, except that if opposing end walls contain windows that provide over 25% of the light and ventilation to one or more living rooms, the minimum distance between ends of buildings shall be 40 feet. | |||||||
2 Individual townhomes shall be offset from the adjacent townhomes. The minimum distance between end of group townhomes shall be 25 feet and shall include a minimum five-foot common open space walkthrough. | |||||||
§ 135-241 Height regulations.
[Amended 2-13-2018 by Ord. No. 523]
No principal structure shall exceed 3 stories or 45 feet in height, and no accessory structure shall exceed 1 1/2 stories or 25 feet in height, except as provided in § 135-258.
§ 135-242 Parking requirements.
[Amended 3-20-1989 by Ord. No. 218]
Off-street parking shall be provided as required in Article XXI of this chapter.
§ 135-243 Public hearing.
Except as provided in Article XXXIV, no public hearing need be held on any application for a planned unit development, provided that a public hearing may be held by the Commission when it deems such hearing to be desirable or necessary in the public interest.
§ 135-244 Responsibility of owners and applicants.
Prior to accepting a development plan for review, the Commission must be satisfied that the owners of and/or applicants for a planned unit development are financially able to complete the proposed development, that they intend to start construction within one year following the Commission's approval and that they intend to complete it within a reasonable time as determined by the Commission.