Planned area development

  1. Law
  2. US Virgin Islands Code
  3. Public Planning and Development
  4. Virgin Islands Zoning and Subdivision Law
  5. Zoning Law
  6. Planned area development

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  • With strict limitations in most zoning laws for yards and other open spaces, it has been found that some imaginative developments that would prove beneficial to the community could not be constructed as they did not meet the strict letter of the law. In order to allow sound and imaginative developments to take place, planned developments have permitted the construction of projects which met the spirit of the law if not its strict letter. These projects are usually shown upon the zoning map only after a public hearing and final action has been taken by the legislative body.
  • This Zoning Law does not contain some of the usual provisions for yards. Instead, the percentage of the lot that may be occupied is limited and a certain amount of usable open space is required. The usual reason for planned residential developments does not, therefore, exist. The law does, however, provide that residential developments, other than those involving one or two-family dwellings, might be constructed in the A-1, A-2, R-1, and R-2 Districts if certain conditions and requirements are met. Since this is a matter of importance to residents of the Low-Density Districts, it is proposed that planned developments be permitted only after a public hearing, after certain findings have been made by the Planning Office, and after action by the Legislature.

    • Purpose and intent

      • (a) Planned developments, as permitted by this section, are intended to provide an opportunity for alternative variety and creative or unique design arrangements and relationships of buildings and uses of land which are built as a single entity under unified control when the plan of development has been approved in the manner prescribed herein.

        To insure that a planned development shall conform to the character and nature of the district in which it is located, achieve a maximum of coordination between the planned development and neighboring land uses, promote the intent and purposes of this subchapter, and encourage the most appropriate use of land within the area of the planned development, specific and additional standards are established.

    • Procedure to establish planned area developments

      • (b) Amendment to zoning district map. A planned area development as described in subsection (c) of this section shall be established through an amendment to the Zoning District Map, and the boundaries thereof shall be identified by dashed lines as distinguished from the solid lines of zoning district boundaries.

      • Application. Applications for planned developments shall be submitted in the same manner as required in section 238 of this subchapter for any amendment to this Zoning Law.

      • Plans. A plan of the proposed development shall be filed with the Virgin Islands Planning Office together with a schedule of construction for each and all stages thereof and shall be made part of any law establishing a planned development. The plan shall be of sufficient detail to determine that all conditions of this subchapter are met and shall show at least the minimum information required by any rules and regulations adopted by the Virgin Islands Planning Office.

      • Failure to proceed and plan revision or adjustment. Where, for any reason, construction of a planned development does not proceed within a period of two (2) years after the date of approval by the Legislature of the Virgin Islands, then the approval shall be void and the entire matter resubmitted to the Virgin Islands Planning Office for reconsideration in light of existing circumstances unless the applicants have submitted a revised plan or revised schedule which may be approved by law and adopted in lieu of the original plan or schedule.

        When in the course of carrying out any stage of the development, adjustments of detail may be required, such adjustments may be permitted if approved by the Virgin Islands Planning Office, provided that such adjustments are in compliance with all regulations of this subchapter and the general intent of the development plan as adopted by law.

    • Planned area development; affordable housing

      • (c) Planned residential developments are permitted in the A-1, A-2, R-1, and R-2 Districts subject to subsection (b) of this section and the following conditions:

        • Uses permitted. Within a planned residential development, any principal or accessory use is permitted which is already permitted in the existing zoning districts in which such development is located.

          Uses permitted in the R-3, R-5, B-3, and B-4 Districts may be allowed when specifically approved as part of the development plan, provided such uses shall not occupy more than five (5) percent of the gross area of the Planned Development.

        • Required lot area. Planned residential developments shall have a minimum lot area of five (5) acres.

        • Required parking areas. Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter.

        • Permitted density. In a zoning district in which a planned residential development is located any combination of dwellings may be erected as long as they meet the following residential density requirements:

          In the A-1, A-2 and R-1 District the residential density for a Planned Residential Development shall meet the overall residential density requirements for the R-2 District. In the R-2 District the residential density for a Planned Residential Development shall meet the overall residential density requirements for the R-3 District.

        • Permitted lot occupancy. The total zoning lot occupancy for a Planned Residential Development shall not exceed more than a total of thirty (30) percent of the area of the zoning lot.

        • Maximum height limit. No residential structure shall exceed a height of six (6) stories.

        • Common open space. Common open space shall be established in an amount not less than forty (40) percent of the area of the Planned Residential Development.

          Common open space shall be used for recreation, and outdoor living space not including off-street parking, all of which uses shall include space for landscaping. The Virgin Islands Planning Office shall stipulate such provisions for the ownership and maintenance of the common open space as will insure its continuity and conservation. The Virgin Islands Planning Office may require that land be deeded to the Government for public schools and for recreation and/or park purposes if consistent with the General Plan of Development or government policies. Said land is to be fully credited as usable open space.

        • Paving of interior streets. The Virgin Islands Planning Office may require, that all interior streets be paved at the expense of the developer in accordance with the specifications set forth by it.

  • (d) Affordable housing proposed by private persons or by the Government pursuant to the affordable housing program may be developed as “planned area developments” in accordance with the provisions of this section. Planned area developments for affordable housing shall be created pursuant to procedures set forth in subsection (b) of this section.

  • Planned area affordable housing developments may be permitted in the A-1, A-2, R-1 and R-2 Districts, and such other Districts as may be approved by the Legislature, subject to subsection (b) of this section and the following conditions:

    • Uses Permitted. Within a planned area affordable housing development, any principal or accessory use is permitted which is already permitted in the existing Districts in which such development is located. Uses permitted in the R-3, R-5, B-3 and B-4 Districts may be allowed when specifically approved by the Legislature as part of the affordable housing development plan.

    • Required Lot Area. Planned area affordable housing developments shall have the minimum lot area approved by the Legislature based upon the recommendations of the Department of Planning and Natural Resources.

    • Required Parking Area. Off-street parking and off-street loading shall be provided in accordance with the provisions of section 230 of this subchapter.

    • Permitted Density; Lot Occupancy; Setbacks. In a zoning district in which a planned area affordable housing development is located, minimum lot sizes, the number of units per acre, lot occupancy standards, front, rear and side yard requirements, and other building requirements, shall be established by the Legislature based upon the recommendations of the Department of Planning and Natural Resources. To the maximum extent possible, in reviewing such requirements and standards as in connection with planned area affordable housing developments, the Legislature and the Department of Planning and Natural Resources shall give effect to, and maintain, any and all environmental, water, and land use policies, goals and objectives heretofore or hereafter adopted, including without limitation, applicable coastal zone management policies, goals and objectives.

  • A planned area affordable housing development approval shall clearly set forth the requirements and standards applicable to the affordable housing development for which approval is granted.
  • A planned area affordable housing development approval specifying the land use and building requirements applicable to such development shall be granted by the Legislature only if the Department of Planning and Natural Resources finds and determines that the proposed development including affordable housing:

    • (1) will provide affordable housing which will remain affordable for at least the term of the applicable affordable housing development agreement;

    • (2) will provide safe, sanitary and high quality dwelling units with amenities sufficient to meet the needs of eligible home buyers or renters and which are aesthetically compatible with the environment;

    • (3) will not unreasonably compromise or substantially impair any otherwise applicable environmental, water or land use and building policies and standards; and

    • (4) will significantly promote the health, safety and general welfare of residents of the United States Virgin Islands by helping to reduce the shortage of housing affordable to low and moderate income households and providing additional jobs for residents of the United States Virgin Islands.

  • Maximum Height Limit. No residential structure shall exceed a height of six (6) stories.

  • Common Open Space. Common open space shall be established in an amount not less than the percentage approved by the Legislature based upon the recommendation of the Department of Planning and Natural Resources.

  • Common open space shall be used for recreation, and outdoor living space not including off-street parking, all of which uses shall include space for landscaping.
  • The Department of Planning and Natural Resources shall stipulate such provisions for the ownership and maintenance of the common open space as will insure its continuity and conservation.
  • The Department of Planning and Natural Resources may require that land be deeded to the Government for public schools and for recreation and/or park purposes if consistent with the General Plan of Development or Government policies. Said land is to be fully credited as usable open space.


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