Perryville City Zoning Code

A.

Purpose. The regulations set forth in this chapter, or set forth elsewhere in this title and referred to in this chapter, are the regulations on the PDD planned development districts. The purpose of the planned development districts is to provide a means of achieving greater flexibility in the development of larger tracts of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment.

B.

Types of Planned Development Districts. An area approved for the PDD designation shall be assigned one of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this section and is in keeping with the objectives as stated below.

1.

Planned Development - Residential (PDD-R): Planned developments involving various types of residential uses.

2.

Planned Development - Commercial (PDD-C): Planned developments involving various types of commercial uses.

3.

Planned Development - Industrial (PDD-I): Planned developments involving various types of industrial uses.

4.

Planned Development - Mixed-Use (PDD-MU): Planned developments involving a mix of land uses within the same development, whether in the same building or separate buildings.

C.

A listing of approved Planned Development District is maintained in Appendix B - Planned Development District Ordinances of this code.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)

A.

The board of aldermen, upon recommendation by the planning and zoning commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a planned development district when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts or where effective redevelopment of a property or area entails a mix of uses. These planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The board of aldermen may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards to achieve one or more of the following objectives:

1.

Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property.

2.

Functional and beneficial uses of open space areas.

3.

Preservation of natural features of a development site.

4.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

5.

Promotes the use of high-quality building materials for all structures and use types, employs architectural design compatible with the surrounding area, and avoids the use of design or color elements that are garish.

6.

Providing for housing types that are not presently found in the city and multi-family development as a component of development or redevelopment to provide a mixed-use environment in the city's commercial districts.

7.

Rational and economical in relation to public utilities and services.

8.

Efficient and effective traffic circulation, both within and adjacent to the development site.

B.

Subdivision Requirements. Coordination with Title 16 Subdivisions of the Municipal Code. When a planned development involves any subdivision activity, the subdivision review and approval procedure requirements contained in Title 16 of the Municipal Code shall be carried out simultaneously with the review of a planned development under this section of this ordinance.

C.

General Development Standards.

1.

Performance, Bulk, and Design Standards. A planned development district shall be consistent with the general standards for use of land, and the use, type, bulk, design, parking, signage, and location of buildings, the density or intensity of use, open space and public facilities as set out in the underlying district regulations, and other applicable sections of these regulations, except when such standards are waived by the board of aldermen upon report by the planning and zoning commission; if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the board of aldermen should determine such waiver to be in the public interest.

2.

Conditions of Use. Approval of the final development plan may be conditioned by the planning commission to minimize any negative impact on the community.

3.

Design Criteria. Planned development districts shall observe the following design criteria:

a.

The overall plan shall be comprehensive, embracing land, buildings, landscaping and their inter-relationships and shall conform in all respects to all adopted plans of all governmental agencies for the area in which the proposed development is located.

b.

The plan shall provide for adequate open space, circulation, off-street parking, and pertinent amenities. Buildings, structures and facilities in the parcel shall be well integrated, oriented and related to the topographic and natural landscape features of the site.

c.

The proposed development shall be compatible with existing and planned land use, and with circulation patterns on adjoining properties. It shall not constitute a disruptive element to the neighborhood and community.

d.

The internal street system shall not be a dominant feature in the overall design, rather it shall be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities.

e.

Common areas and recreational facilities shall be so located so as to be readily accessible to the occupants of the dwelling units and shall be well related to any common open spaces provided.

f.

Architectural design within the development and within the neighborhood and community shall respect the scale and character of the adjacent development. Attention to views, building scale and orientation, proximity to adjacent uses, location of driveways, noise, lighting and landscape should be respected.

D.

Single Ownership Required. In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership, or under the management or supervision of a central authority, or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter.

E.

Surety Bond. If required by the board of aldermen, the applicant shall file a surety bond to ensure the construction of the approved development within the period specified by the board of aldermen, such period not to exceed three years. No such bond shall be accepted, unless it is enforceable by or payable to the city in a sum at least equal to the estimated cost of constructing the approved development and in a form with surety and conditions approved by the city attorney. In the event the approved development is not constructed, it shall revert to the same zoning classification existing prior to the change to the designated planned development district; and the district regulations in force prior to the establishment of said planned development district shall thereupon be in full force and effect.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)

A.

Applicability. A property must be developed as a planned development in the following instances:

1.

Any use listed as a planned development district use in Section 17.34.020 Land use table shall require a planned development district application and all associated procedural requirements.

2.

Any new use or change in use or application for construction of a building for any primary use where any of the following exists:

a.

If the use of and development of such tract for residential in combination with commercial and/or industrial uses.

b.

Two or more principal structures on a single lot of any size is proposed.

B.

Legislative Act of Rezoning. The reclassification of any property to a planned development district shall constitute a "rezoning" and therefore must comply with the regulations contained Section 17.48.050 Amendments of this title shall apply. The PDD designation is not intended to be attached to existing zoning districts as an overlay. The "PDD-" designation, as detailed in this section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment. Any approved site plan and rezoning to a planned development district shall be reflected on the zoning map as an amendment by designation of "PDD-" before the district abbreviation of the district in which the plan was approved.

C.

Site Plan Approval Required. It is the intent of this ordinance that no development or redevelopment of property encompassed by the PDD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this title. Site plans and all other associated exhibits shall be required in accordance with the procedures and requirements as set out in Section 17.48.020 Site plan review.

D.

Criteria for Approval. The board of aldermen shall use the applicable zoning district regulations as a guide for review of the preliminary site plan for planned development district application. The board may permit modification from the underlying district regulations. Use regulations, however, shall not be modified so as to allow uses not otherwise permitted by this title. If the board imposes conditions or restrictions on a preliminary site plan, it may designate specific requirements that must be met before an applicant may submit a final site plan. In considering an application for a planned development district, the planning and zoning commission and the board of aldermen may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The commission and board shall also consider other factors relevant to the particular application.

1.

Satisfaction of the conditions and requirements applicable to the requested planned use, as set forth in this title.

2.

The criteria governing the rezoning of the property, as set forth in the standards and requirements found elsewhere in the zoning code or in other applicable law.

3.

Development is designed, located and proposed to be operated so that the public health, safety and welfare will be protected.

4.

Development will not impede the normal and orderly development and improvement of the surrounding property, nor impair the use, enjoyment, or value of neighboring properties.

5.

Development incorporates, as approved by the city, adequate ingress and egress and an internal street network that minimizes traffic congestion.

6.

The capability of the site to accommodate the building, parking, and drives with appropriate open space and safe, easy ingress and egress.

7.

The degree of continuity between the architectural quality of the proposed building and the surrounding neighborhood.

8.

The appropriateness of the minimum dimensions and areas of lots and yards set forth in the applicable zoning district regulations.

9.

Development reinforces and/or complies with the standards and principles of the comprehensive plan and all other adopted regulations.

E.

Effect of Approval of Planned Development District, Site Plan, and Period of Validity.

1.

Upon approval of the site plan by the board of aldermen, the zoning of the property shall be rezoned to the applicable planned development district, in accordance with subsection B of this section.

2.

All conditions imposed as a part of any planned development shall be established by planned development district ordinance, shall run with the land, and shall not lapse or be waived because of a subsequent change in ownership of any or all said area.

3.

Approval of the site plan shall be valid for a period of two years form the date of board of aldermen approval. If the development approved by the site development plan has not been initiated for all or a geographic portion of the plan designated as a phase of the development, then a resubmission of the master development plan shall be required if the applicant intends to construct the development as originally approved. The board of aldermen, upon recommendation from the planning and zoning commission, may grant up to a one year extension, from the date that the period of validity expired. The board of aldermen may reject such resubmission of the same development plan considering new facts and circumstances relating to the site plan.

4.

When the period of validity has expired, the site plan shall automatically become null and void. Resubmission of the site plan may be required at the discretion of the zoning administrator in accordance with Section 17.48.020 Site plan review. The zoning classification of the subject property or properties shall revert to the previous zoning district classification by an amendment to the official zoning map in accordance with Section 17.48.050 Amendments.

5.

In no case shall a building permit be issued prior to site plan approval.

6.

Recording of the Site Plan. After the final site plan (and subdivision plat, if applicable), and other associated documents have been approved by the board of aldermen, the applicant shall record the final site plan with Perry County.

F.

Amendments to the Site Plan.

1.

Minor changes: Minor changes in the location, siting, and height of buildings and structures may be authorized by the zoning administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved.

2.

Major changes: No change authorized by this section shall cause any of the following:

a.

A change in the use or character of the development.

b.

An increase in building or site coverage.

c.

An increase in the intensity of use (e.g., number of dwelling units).

d.

An increase in vehicular traffic generation or significant changes in traffic access and circulation.

e.

A reduction in approved open space or required buffer areas; or

f.

A change in the record plat of any subdivision involved with planned development.

g.

All proposed changes in use, or rearrangement of lots, blocks, and building tracts, changes in the provision of common open spaces, and changes which would cause any of the situations listed under subsection D.7.b above shall require the applicant to file a revised site plan and be subject to the requirements of this section and the procedure for site plan review in accord with the procedures set forth in this chapter as if it were an entirely new application.

(Ord. No. 6822, § 1 (Exh. 1), 12-2-25)