Maryville City Zoning Code
ARTICLE IV
Planned Districts
Section 405.330 Plan Approval.
[R.O. 2008 §405.330; Ord. No. 4984 §1, 6-10-1991]
All plans submitted in support of permit applications shall be approved by the Planning and Zoning Commission prior to issuance of a building permit.
Section 405.340 Planned Zoning Districts.
[R.O. 2008 §405.340; Ord. No. 4984 §1, 6-10-1991]
A.
Each of the districts hereinbefore set forth shall have a separate and distinct counterpart known and herein referred to as a Planned District. A "Planned District" shall be for the purpose of permitting and regulating the uses heretofore permitted in the equivalent district and further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards and open spaces all subsequent to approval of the plan by local officials. Planned Districts require attention to buffers, drainage, street patterns, landscaping and architecture. Reference will be made to the City's Subdivision Ordinance (See Chapter 410 of this Title). The purpose is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations.
B.
Planned Districts shall be as follows:
Equivalent District | Planned District | |
|---|---|---|
District "R-1" | Planned Single-Family Residence | |
District "R-2" | Planned Single-Family and Duplex Residence | |
District "R-3" | Planned Multi-Family Residence | |
District "R-4" | Planned Multi-Family Residence | |
District "C-O" | Planned Non Retail Business | |
District "C-1" | Planned Restricted Business | |
District "C-2" | Planned General Business | |
District "C-3" | Planned Commercial | |
District "M-1" | Planned Light Industry | |
District "M-2" | Planned Heavy Industry |
Section 405.350 Objectives.
[R.O. 2008 §405.350; Ord. No. 4984 §1, 6-10-1991]
A.
The zoning of land in Maryville to one (1) of the planned districts ("RP-1" to "MP-2", inclusive) shall be for the purpose of requiring orderly development on a quality level generally equal to that of the equivalent standard zoning districts, but permitting variations from the normal and established development techniques. The use of planned zoning procedures is intended to encourage large scale development tracts, innovative and imaginative site planning, conservation of natural resources and minimum waste of land. The following are specific conditions of planned zoning:
1.
A proposal to rezone land to a planned district shall be subject to the same criteria relative to compliance with master plans, land use policies, neighborhood compatibility, adequacy of streets and utilities and other elements, as is normal in rezoning deliberations.
2.
The submittal by the Developer and the approval by the City of development plans represents a firm commitment by the Developer that development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space.
3.
Deviations in yard requirements, setbacks and relationship between buildings are acceptable and may be approved within the limits set out in "Standards of Development" in Section 405.360, if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality of development will result than under standard zoning procedures.
4.
Residential areas will be planned and developed in a manner that will produce more useable open space, better recreational opportunities, safer, more attractive neighborhoods than under standard zoning and development techniques.
5.
Commercial areas will be planned and developed so as to result in attractive, viable and safe centers and clusters, as opposed to strip pattern along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs will be exercised to soften the impact on nearby residential neighborhoods, and to assure minimum adverse effects on the street system and other services of the community.
6.
The Developer will be given latitude in using innovative techniques in the development of land not feasible under application of standard zoning requirements.
7.
Planned zoning shall not be used as a refuge from the requirements of the equivalent district as to intensity of land use, amount of open space or other established development criteria.
8.
No use will be permitted in the planned district that is not clearly permitted in the equivalent district.
9.
Any building or portion thereof may be owned in condominium under appropriate Missouri Statutes.
Section 405.360 Standards of Development in Planned Zoning Districts.
[R.O. 2008 §405.360; Ord. No. 4984 §1, 6-10-1991]
A.
The maximum height of buildings and structures shall be as set out in the equivalent district.
B.
The intensity of land use, the floor area and bulk of buildings, the concentration of population, the percentage of lot coverage, the amount of open space, light and air shall be generally equal to that required in the equivalent zoning district.
C.
The density of residential dwelling units, the parking requirements and the performance standards shall be the same as in the equivalent district.
D.
The permitted uses shall be the same as those permitted in the equivalent district, provided that limitations may be placed on the occupancy of certain premises, if such limitations may be placed on the occupancy of certain premises, if such limitation is deemed essential to the health, safety or general welfare of the community.
E.
The Planning and Zoning Commission may, in the process of approving preliminary and final plans, approve deviations from the minimum standards in Districts "C-O" through "M-2" as follows:
1.
Setbacks of buildings and paved areas from a public street may be reduced to seventy-five percent (75%) of the ordinance requirement.
2.
Setbacks of buildings and paved areas from a property line of the project (other than a street line) may be reduced to eight-five percent (85%) of the ordinance requirement.
3.
Side yards between buildings may be reduced to zero.
4.
Setbacks of buildings and paved areas from a freeway right-of-way may be reduced to five (5) feet.
5.
A portion of the parking area required under this Chapter may remain unimproved in proportion to area of building being used. As additional floor space is used, additional pavement must be installed.
6.
The foregoing deviations may be granted by the Planning and Zoning Commission only where there is ample evidence that said deviation will not adversely affect neighboring property, nor will it constitute the mere granting of a privilege. Reduction of setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project. In all cases, such deviations shall be in keeping with good planning principles, and must be specifically set out in the minutes of the Commission, as well as on plans and other exhibits in the record.
Section 405.370 Spot Zoning.
[R.O. 2008 §405.370; Ord. No. 4984 §1, 6-10-1991]