Westminster City Zoning Code
ARTICLE VIIIC
Compatible Neighborhood Overlay Zone
§ 164-45.13 Introduction.
The Compatible Neighborhood Overlay Zone (CN Zone) is intended to provide for the infill development of land in certain older neighborhoods and to afford flexibility to allow property owners to take advantage of the unique development opportunities which are presented in those neighborhoods. The CN Zone is a mapped zone which is superimposed over the R-7,500 Residential Zone in certain older neighborhoods that provides some alternative requirements for development within that underlying zone. Once property is placed in this zone, applicants may request that development therein be subject to the approval of the Commission and the Planning Director in accordance with the standards and procedures of this article. The CN Zone provides a flexible basis for development which could not occur under the requisites of the underlying zone.
§ 164-45.14 Purpose.
It is the purpose of the CN Zone to provide suitable sites for infill development within certain older neighborhoods and to allow new and redevelopment projects which are integrated with the existing character, land use pattern and infrastructure networks of those older neighborhoods.
A.
The following objectives are sought in providing for this zone:
(1)
To encourage developers to use a more creative approach in the development of land in older neighborhoods;
(2)
To encourage more efficient allocation and maintenance of common open space when providing such housing through private initiative;
(3)
To encourage variety in the physical development of patterns of such housing;
(4)
To encourage creativity in the site design, create housing that is highly accessible to goods and services, and increase consumer choice in housing by providing for a mix of housing types and lot sizes;
(5)
To create a process which overcomes deficiencies in ordinary planning processes and removes obstacles not addressed in those processes;
(6)
To minimize the cost of extending or expanding public services and facilities by encouraging appropriate development in certain older neighborhoods;
(7)
To attract an appropriate mix of land uses;
(8)
To encourage development which complements and enhances the character of the area, including its historic resources;
(9)
To ensure the developments within this zone possess a desired urban design relationship with one another and adjoining areas;
(10)
To provide flexibility in the design and the layout of building structures and to promote a coordinated and integrated development scheme; and
(11)
To provide a wide range of houses available to all socioeconomic groups.
B.
The fact that an application complies with all specific requirements and purposes set forth herein shall not be deemed to create a presumption that the application is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require the approval of a detailed site plan.
§ 164-45.15 Relationship to underlying zone.
[Amended 11-12-2018 by Ord. No. 897]
The CN Zone shall be placed only over property located in the City's R-7,500 or R-10,000 Residential Zone. The requisites of the underlying zone are modified and superseded by those contained in this article at the request of the applicant and approval of a detailed site plan by the Commission and the Planning Director. In the event of any conflict, the provisions of this article shall control.
§ 164-45.17 Uses permitted.
Under this section, no building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the following uses:
§ 164-45.18 Buildings, landscaping and other improvements.
A.
The location, size, height, setback and lot coverage of all structural improvements, as well as open spaces and green areas shown on an approved detailed site plan shall constitute the regulations for these improvements and areas in the CN Zone. The detailed site plan shall explicitly specify maximum values for heights, setbacks, and lot coverages. The corresponding regulations of the underlying zone do not apply to property developed under the provisions of the CN Zone unless so specified elsewhere in this chapter.
B.
Landscaping and screening of development within the CN Zone shall be provided pursuant to the provisions of the City's Landscape Manual. Additional buffering and screening may be required to satisfy the purposes of the CN Zone and to protect the unique character of that zone from adjoining land uses.
§ 164-45.19 Compatibility.
All uses permitted and developments proposed shall achieve the purposes set forth in § 164-45.14 and be compatible with other uses existing or proposed adjacent to and in the vicinity of the area covered by the proposed development.
§ 164-45.20 Procedure.
A.
An application for zonal classification to the CN Zone may be made by a local, sectional or comprehensive amendment.
[Amended 11-12-2018 by Ord. No. 897]
B.
Applicants seeking approval of a detailed site plan in the CN Zone shall submit a conceptual plan to the Planning Director for review and comment before acceptance of a detailed site plan for the project. The conceptual plan should be submitted prior to the completion of detailed engineering work.
C.
Applicants shall be required to obtain approval of the detailed site plan from the Planning Director and Commission and comply with the requisites of Article XXV of this chapter. Approval of the detailed site plan shall also be subject to the provisions of § 164-198E, and a detailed site plan shall serve as a preliminary plan.
E.
For the purposes of this article, a detailed site plan shall contain all of the information required for a site plan as provided in § 164-208, as well as any other information required in procedures adopted by the Planning Director and approved by resolution of the Mayor and Common Council. Those procedures may also contain guidelines to assist applicants in developing properties under the requirements of this zone.
§ 164-45.21 Criteria for approval.
Submission of a detailed site plan commits the applicant to a greater degree of authority by the Commission and Planning Director. In considering such an application, the Commission and the Planning Director shall take into account the extent to which the following goals are met:
A.
The optimal density and mix of housing types for the neighborhood is provided. In considering this criteria, the Commission and Planning Director shall consider the following factors when determining the appropriate permitted density:
(1)
The specific location of the property in relation to the distribution of existing density and housing types in the area.
(2)
The current and maximum potential capacity of the local roadway, water, sewer, and storm drain networks.
(3)
The unique character of the property in regard to topography, sight lines, access, valuable environmental features, and the underlying zoning district, and any other factor deemed relevant by the Commission or the Planning Director.
B.
The configuration of lots, lot widths, lot coverages, and setbacks are compatible with the character of the neighborhood.
C.
The height, orientation, and architectural character of structures are compatible with the neighborhood's housing stock. The Commission and Planning Director shall approve architectural elevation drawings of all street-facing facades as part of the application. The Commission and Planning Director may require certain materials, architectural treatment, and locations of windows and doors for these facades in accordance with the established architectural vernacular in the neighborhood.
D.
The development is served with safe, efficient, and adequate pedestrian and vehicular networks.
(1)
The existing pedestrian and vehicular networks shall be seamlessly extended through the site whenever possible. The widths and corner radii of streets, alleys, sidewalks, and paths shall be specified by the Commission or the Planning Director.
(2)
The number of parking spaces required and the locations, dimensions, and setbacks of parking areas shall be determined by the Commission and the Planning Director. In all cases there shall be a minimum of one parking space per dwelling unit. The Commission or Planning Director may require parking to be satisfied through any combination of on-site parking, on-street parking, and off-site parking guaranteed through long-term lease agreements or easements. In no case shall the number of parking spaces required exceed the requirements specified in § 164-111.
(3)
If the Planning Director determines that the size, configuration or other physical characteristic of the site of the planned use makes it impossible for the user to provide adequate on-site parking thereby creating a hardship, the Planning Director may, in the Planning Director's discretion, upon application from the applicant, allow a reduction in the number of spaces; provided, however, that the applicant shall pay the City a one-time benefit assessment charge as provided in the General Fee Ordinance.[1]
[Amended 11-24-2008 by Ord. No. 792]
E.
The project accounts for and implements the recommendations of adopted comprehensive and neighborhood plans.
§ 164-45.22 Action and findings.
A.
The Commission and Planning Director shall approve, subject to conditions, or disapprove the application for a detailed site plan and notify the applicant in writing.
B.
In considering an application for a detailed site plan, the Commission and Planning Director shall consider whether the application and the detailed site plan fulfill the purposes and requisites set forth in this article. In doing so, the Commission and Planning Director shall make the following specific findings, in addition to any other findings which may be found to be necessary and appropriate to the evaluation of a proposed detailed site plan:
(1)
That the proposed development would comply with the purposes, standards and regulations of the CN Zone, would provide the maximum safety, convenience and amenity to the residents of the development and would be compatible with adjacent development. In making that determination, the Commission and Planning Director shall consider the location, size and design of buildings, signs, other structures, open spaces, landscaping, pedestrian and vehicular circulation systems, parking and loading areas.
(2)
Each structure and use, in the manner proposed, is compatible with other structures and uses in the proposed development and with existing and proposed adjacent development.
§ 164-45.23 Validity and amendments.
A.
An approved detailed site plan or amendment thereof shall remain valid for a period of one year from final plat approval. An applicant may petition the Planning Director and Commission for up to a four-to-six-month extension with a showing of extraordinary circumstances.
B.
An approved detailed site plan may be amended upon application by the developer, the property owner, the Commission or the Planning Director. Any application for an amendment to an approved detailed site plan shall be filed with the Planning Director and subject to all of the procedures and requirements contained in this chapter pertaining to the CN Zone, except as provided in Subsection C. The Commission and the Planning Director shall approve, approve with modifications or disapprove the application for amendment of an approved detailed site plan.
C.
The Planning Director is authorized to approve applications for minor amendments to a detailed site plan to allow for the construction of decks, porches or other small additions. The Planning Director, in the Planning Director's discretion, may determine that the application requires the review and approvals provided in Subsection B.
§ 164-45.24 Appeals.
Any person aggrieved by any decision of the Commission or Planning Director, or any taxpayer or any officer, department head, board or bureau of the City may appeal the same to the Circuit Court for Carroll County. Such appeal shall be taken in accordance with applicable provisions of the Maryland Rules that are in effect at that time.