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Montgomery County Unincorporated
City Zoning Code

ARTICLE VII

RESIDENTIAL PLANNED DEVELOPMENTS

Section 1. - Generally.

Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are hereby established to guide the recommendations of the Planning Board and the action of the Board of Commissioners.

Section 2. - Purposes.

Some specific purposes of the planned residential development procedure are to offer recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty, to add to the sense of spaciousness through the preservation of natural green spaces, to counteract the effects of urban monotony and congestion in the streets, to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions, to promote harmonious architecture between adjacent dwellings or institutional buildings and to encourage the placement of structures in proper relationship to the natural characteristics of the site.

Section 3. - Required Information.

The developer shall be required to submit the following information and any other information that may be required by the Planning Board:

A.

A site plan drawn to scale indicating the arrangement and tentative location of buildings, uses permitted, land to be preserved as permanent common open space, parking and loading spaces, and other special features of the development plan.

B.

A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed development.

C.

A draft of any proposed incorporation agreement and a draft of any bylaws or easement declarations concerning maintenance of recreational and other common facilities.

D.

Data on the market potential necessary to support the location, size, and type of the planned development.

Section 4. - Use Exceptions.

The Planning Board may recommend and the Board of Commissioners may authorize that there be in part of the area of such development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located, provided, that the Planning Board shall find:

A.

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

B.

That the uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and

C.

That not more than thirty percent (30%) of the ground area nor more than fifty percent (50%) of the gross floor area of such development shall be devoted to the use permitted by said exception.

Section 5. - Bulk Regulations.

In case of any planned development, the Planning Board may recommend and the Board of Commissioners may authorize exceptions to the applicable bulk regulations of the Ordinance within the boundaries of such development, provided, that the Planning Board shall find:

A.

That such exceptions shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property, than would be obtained under the bulk regulations of this Ordinance for buildings developed on separate zoning lots;

B.

That spacing between principal buildings shall be at least equivalent to such space as would be required between buildings similarly developed under the terms of this Ordinance on separate lots, it does not apply in corner-to-corner placement of buildings where perpendicular wall exposures do not overlap, due consideration being given to the openness normally afforded by intervening streets and alleys;

C.

That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located; and

D.

That in a residential planned development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and, then increasing this number by fifteen percent. Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area and deducting ten percent of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use may be included in determining the number of dwelling units permitted.

Section 6. - Designation of Permanent Common Open Space.

6.1.

Definition. Permanent common open space shall be defined as any land held and developed as permanent open space or any land dedicated to the public as parks, playgrounds, parkway medians, landscaped green space, schools, community centers or other similar areas held in public ownership or covered by an open space easement.

6.2.

Designation. No plan for a planned development shall be approved unless such plan provides for permanent open space equivalent to twenty percent (20%) of the total area in single-family residential planned developments, thirty percent (30%) in multiple-family planned developments and five percent (5%) in business and industrial planned developments.

Section 7. - Minimum Lot Area in Residential Planned Developments.

Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of this Ordinance, and provided that the permanent common open space is in accord with the preceding section, the planned development may include minimum lot areas per dwelling unit, which are less than required in the applicable zoning district.