By Request Commercial/Industrial/Employment Campus

Residential Text

Residential Questions

Multifamily/Planned Unit Developments

1. Are Planned Unit Developments being revised during the residential text review.   Specifically, what is the intent of excluding townhouses from the multifamily definition, especially when multifamily requires PUD in R-10,000 and R-7,500 Districts anyway? Why the distinction is needed. As noted in the Concept Team notes posted online, it was decided at the August 12^th, 2020 meeting that there would be no recommended changes to PUD provisions. Townhouses are being separated from multifamily in the definitions because they are a different type of dwelling and are currently defined separately, which is confusing. The distinction is needed for clarity.

Bulk Requirements

1. Are their density maximums in any of the residential zoning districts? The density maximums are set by the Purpose of the district and the lot area minimums, both currently and proposed. The lot areas for single family dwellings are 40,000 sf, 20,000 sf, 10,000sf and 7,500 sf for the R-40, 000; R-20,000; R-10,000; and R-7,500, respectively.
   
   
2. Why is the required side setback is 12’ in R-20,000, but 20’ in R-10,000 – this seems like it should be reversed? The Concept Team is still reviewing setbacks and is making recommendations regarding this type of issue.

3. In the R-20,000 district, the stated density for retirement homes/age restricted housing shall not exceed 3.5 dwelling units/acre; however, this is different than each of the other districts, which limits density to 1 resident per 3,000 sf). The stated density for retirement homes in the R-20,000 district is being changed from 1 resident/3,000 sf to 3.5 units per acre to be in line with the land use definition of Residential Medium in the adopted Freedom Plan. It remains 1 resident/3,000 sf in the higher density districts, as this is still considered appropriate in the high density residential districts.

Land Use Table

1. Why allow Agricultural use in the R-10,000 and R-7,500 districts when their stated purpose is for single-family and multifamily in Designated Growth Areas (DGA)? It is the policy of the County to allow Agriculture in ALL zoning districts. See 158.035. The 2014 County Master Plan and 2018 Freedom Community Comprehensive Plan retained this vision. The County also requires Right to Farm Notices with real estate disclosures:   150.59  RIGHT TO FARM NOTICE AND REAL ESTATE TRANSFER DISCLOSURE.

2. We are concerned about allowing hemp production and storage within the R-20,000, R-10,000, and R-7,500 due to smaller lot sizes and an inevitable nuisance to adjacent properties. It is the policy of the County to allow Agriculture in ALL zoning districts. See 158.035. The 2014 County Master Plan and 2018 Freedom Community Comprehensive Plan retained this vision.  The County also requires Right to Farm Notices with real estate disclosures:   § 150.59  RIGHT TO FARM NOTICE AND REAL ESTATE TRANSFER DISCLOSURE. 

3. Should B&B and Rooming/tourist homes be compatible in small-lot residential districts? Should there be a limit to the number of these commercial establishments in a residential area? Rooming and Tourist homes were taken out in a later draft (see carrollrezoning.org). Bed and breakfast is defined in the code as “Any owner-occupied, residential dwelling in which rooms are rented to paying guests on an overnight basis.” With the exception of the C-1 District, this use is not permitted in the commercial and industrial districts. B&B is a conditional use, allowing the impact on the neighborhood to be assessed and neighbors to be heard. The zoning code never puts a limit on the number of a certain type of use in an area.

4. What is the nature of “further discussion” for funeral establishments in R districts? Further discussion indicates research into the existing funeral homes that would become nonconforming with this change.

5. Is there an “X” missing for Hospitals in R-20,000? The Carroll County Hospital is in the R-20,000 District. Changing this would make one of the County’s largest employers a nonconforming use.

6. Suggest considering golf course as either Conditional in R Districts or, required to be part of a PUD. Golf Course is already proposed to be conditional in the residential districts in the latest draft posted on the website.

7. Are indoor and outdoor recreational facilities in Residential Districts compatible? Elements of traffic, noise, site lighting, attracting users from well outside the neighborhood, and other likely impacts to adjacent properties). The opposition to recreational facilities in the residential districts is noted and will be discussed with the Planning Commission and BCC. Recreational uses, which include parks, ballfields, etc. are generally considered to be supportive and compatible with residential neighborhoods. These uses are currently conditional uses in all residential districts and changing this would create numerous nonconforming uses. 

8.Is there more work to be done on Bulk Requirements? Bulk requirements are still under review. The Concept Team recognizes that there are many inconsistencies in the current requirements, and this requires further discussion.

Accessory Uses

1. The allowance of “Cottage Industry” (manufacturing and assembly) uses in the R districts (even with the restrictions provided in paragraphs a-f) appear to set up inevitable neighbor conflicts? These uses are currently permitted accessory uses in the residential districts following a public hearing. The residential districts, whose primary purpose is to provide locations for homes, also allows limited accessory commercial uses that are supportive and compatible with the residential neighborhoods. Cottage Industry is currently permitted with the listed restrictions. It was felt that the requirement for a public hearing allows all parties to be heard, and the restrictions regarding no sales on the property, no outdoor storage, no change to the external appearance of the property, provides sufficient protection.
   
   
2. There appears to be numerous ways of circumventing the density requirements of the R Districts due to the number and lenient conditions afforded to accessory dwellings, especially in R-20,000, R-10,000 and R-7,500 Districts (paragraphs 2a-h) in the Accessory Use section. The density requirements cannot be circumvented. A detached accessory dwelling cannot be constructed on a lot unless it has another lot right (i.e eligible to be subdivided). For attached accessory dwellings, the property owner must occupy one of the dwellings and it may be no more than 800 sf in size. As has been noted by the FDCA, page 3 of the adopted Freedom Community Comprehensive Plan states: “According to the Pew Research Center there is an increasing trend toward Generational Housing wherein multiple generations live under one roof. Freedom should remain a place that will accommodate larger homesites that can accommodate additions of in-law suites or similar improvements that enable multiple generations of families to live together…” Retaining these provisions furthers this important recommendation of the Plan.

Residential Rezoning