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Ashland City Zoning Code

ARTICLE XVI

PLANNED DEVELOPMENTS

DIVISION 2 PLANNED UNIT DEVELOPMENT PUD*

:

98-8

96-32

99-4

2003-16

2009-08

95-18

2009-09

99-11

2003-5

2007-05

2012-07

2007-04

96-24

98-23

Sec 21-141 Applications

Planned development districts shall be established by amendment to the official zoning map, in accordance with the provisions of section 15.2-2204 of the Code of Virginia, as amended. The application for rezoning to a Planned Unit Development, Planned Mobile Home, or Planned Shopping Center District shall be accompanied by fifteen (15) copies of a development plan.

HISTORY
Adopted by Ord. 98-8 § 1 on 6/23/1998

Sec 21-142 Contents Of Development Plan

The development plan shall contain the following data, together with supplementary data for a particular development, as reasonably deemed necessary by the administrator or his agent.

  1. Development site information:
    1. Vicinity map at a scale of not less than one inch equals two thousand feet (1" = 2,000').
    2. Boundary survey including area of the tract related to true meridian or U.S. Geological Survey state grid north.
    3. Total area of the tract.
    4. Abutting street names, widths and route numbers.
    5. Owners, zoning districts and uses of each adjoining tract.
    6. Topographic map with minimum contour intervals of two (2) feet and a scale of one inch for each fifty (50) feet (horizontal).
  2. Development design information:
    1. A concept plan, illustrating the location and functional relationship between all proposed land uses.
    2. Land use plan or plans showing the location and arrangement of all proposed land uses; the building setbacks from the development boundaries and adjacent streets, roads, alleys and ways; the proposed traffic circulation pattern including the location and width of all streets, driveways, walkways and entrances to parking areas; all off-street parking and loading areas.
    3. A plan or statement showing the location and design of all landscaping and screening.
    4. A plan or statement detailing the exact number of improved, developed and recreational open space, and all covenants, restrictions and conditions pertaining to the use, maintenance and operation of common spaces, and the percentage of the tract to be used as open space.
    5. For a PUD or PMH District, a statement of the anticipated residential density and the total number of dwelling units, the percentage of the tract which is to be occupied by structures, and the total floor area of all commercial uses, and architectural sketches of typical proposed structures.
    6. For a PSC District, a statement of the anticipated commercial floor area and architectural sketches of typical proposed structures, including exterior lighting fixtures and signs.
    7. When the development is to be constructed in stages or units, a sequence of development schedule showing the order of construction of each principal functional element of such stages or units, the approximate completion date for each stage or unit, and a cost estimate of all improvements within each stage or unit.
    8. A plan or report indicating the extent, timing and estimated cost of all on-site and off-site improvements, such as road, water, sanitary sewer, drainage facilities, electric, telephone and gas lines necessary to construct the proposed development, which plan or report shall relate to the sequence of development schedule if the development is to be constructed in stages or units.
    9. A statement showing the relationship of the planned development to the comprehensive plan of the town.
    10. A traffic impact analysis.

Sec 21-143 Rezoning To Planned Development District

  1. All terms, conditions, safeguards and stipulations made at the time of the rezoning to planned development status, including the approval of the development plan, with or without specified modifications, shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirements, conditions or safeguards shall constitute a violation of these zoning regulations.
  2. The granting of the planned development rezoning, and the approval of the development, with or without specified modifications, shall not constitute the recording of a plat, nor shall it authorize the issuance of building permits. Such action shall be undertaken only after the approval of the site plan and the recording of a plat, nor shall it authorize the issuance of building permits. Such action shall be undertaken only after the approval of the site plan and the recording of a subdivision plat, if applicable.

Sec 21-144 Site Plans

  1. Approval of the development plan by the town council and the application for rezoning shall constitute authority for the applicant to prepare site plans in accordance with ATC chapter 21, article XVII and in conformity with the approved development plan.
  2. The site plans shall be for entire project, unless the project is staged, in which case the site plans for the first stage shall be submitted.
  3. A site plan for a particular development stage, other than the first, shall not be approved until construction has been initiated on the immediately preceding stage or unit.
  4. Minor deviations from the development plan or building footprint for a PSC development shall be permitted in the site plan when the administrator determines that such deviations will not substantially alter the character of the approved development plan including the proposed development sequence. Additionally, these deviations may only be approved by the administrator, without a public hearing, provided such change or amendment is documented into the case file; and it:
    1. Does not alter a recorded plat.
    2. Does not conflict with the specific requirements of this article.
    3. Does not change the general character or content of an approved development plan or use.
    4. Has no appreciable effect on adjoining or surrounding properties.
    5. Does not result in any substantial change of access points.
    6. Does not decrease the minimum specified yards and open spaces or minimum specified parking and loading spaces.

      In no case shall the deviations include the addition or elimination of any building shown on the approved development plan or an increase in the density of a PUD or PMH development. Any changes not authorized by this paragraph shall require resubmission of the development plan in accordance with the procedures contained in this article.
  5. The first site plan shall be submitted within one year after the date of approval of the development plan. If a site plan is not submitted within said period, approval of the development plan, and consequent authority to submit a site plan, shall terminate any development by the applicant in accordance with the procedures set forth in this section. Within thirty (30) days prior to the expiration of said one-year period, the applicant may apply to the town council for an extension of time within which to submit a site plan in conformity with the approved development plan. The town council may grant such extension, upon good cause shown by the applicant, but such extension shall not under any circumstances exceed an additional one-year period, and no more than two (2) such extensions may be granted. If such application is denied, approval of the development plan, and consequent authority to submit a site plan, shall terminate at the end of said one-year period. Upon termination of authority to develop as herein provided, the town council may initiate a reclassification of the subject property to an appropriate zoning district other than PUD, PMH or PSC.
  6. A subdivision plat, in recordable form shall be submitted with each site plan, if applicable.
  7. No building permit shall be issued for any building or structure not indicated in the approved site plan.

HISTORY
Adopted by Ord. 7-10-90 Paper Archive § 1 on 7/10/1990

Sec 21-145 Statement Of Intent

This district is intended to permit development in accordance with a master plan of cluster-type communities which may be under one ownership or control. Within such communities, the location of all improvements shall be controlled in such manner as to permit a variety of housing accommodations in an orderly relationship to one another, with the greatest amount of open area and the least disturbance to natural features. A planned unit development may include light commercial facilities to the extent necessary to serve the needs of the particular planned unit development.

Sec 21-146 Use Regulations

Structures to be erected or land to be used shall be for the following uses:

  1. Single-family detached dwellings.
  2. Single-family attached dwellings.
  3. Two-family attached dwellings.
  4. Multifamily dwellings.
  5. Townhouses.
  6. Churches, and other places of worship. Not-for-profit accessory uses such as day care centers, schools, bingo establishments, community centers, and adult day care services, with a conditional use permit.
  7. Schools.
  8. Day nurseries or day care centers.
  9. Libraries.
  10. Neighborhood commercial uses as provided for in the B-4, Neighborhood Commercial District that are intended to serve the needs of the residents of the planned unit development. No more than ten (10) percent of the gross area of the PUD project shall be devoted to commercial uses.
  11. Recreational uses, including club houses, golf courses, pools, tennis courts and similar recreational improvements and facilities.
  12. Accessory uses as defined.
  13. Major utilities such as plant expansions, tanks, pump stations, or other buildings require a conditional use permit. See ATC article XXII of this chapter for underground utility requirements.
  14. Off-street parking in accordance with ATC chapter 21, article XIX.
  15. Signs in accordance with ATC chapter 21, article XX.
  16. Home occupations.

HISTORY
Adopted by Ord. 96-32 § 13 on 12/10/1996
Amended by Ord. 99-4 § 1 on 4/27/1999
Amended by Ord. 2003-16 § A1 on 2/17/2004
Amended by Ord. 2009-08 on 10/6/2009

Sec 21-147 Area Regulations

  1. The minimum permitted size for any PUD District shall be five (5) contiguous acres. Additional land area may be added to an existing PUD if it is adjacent (except for public roads) thereto and forms a logical addition to the existing PUD and is under the same ownership or control.
  2. The procedure for an addition shall be the same as if an original application were filed.
  3. The minimum permitted size of a PUD for properties wholly or partially located within one thousand (1,000) feet of the Central Business District shall be two and one-half (2 1/2) contiguous acres. No properties within this area identified as contributing structures in the National Register Historic District may be demolished or removed solely to provide the necessary square footage for a PUD District without town council approval. The council will not approve a demolition permit for any building unless the applicant can show that there are no feasible alternatives to demolition. The demolition of contributing structures to the historic district is strongly discouraged.

HISTORY
Adopted by Ord. 95-18 § 1 on 11/28/1995

Sec 21-148 Density

  1. The permitted density for dwelling units in a PUD District shall not be more than twelve (12) units per gross acre.
  2. The permitted density for dwelling units in a PUD District that is within one thousand (1,000) feet of the Central Business District shall not be more than a fifteen (15) percent increase from the maximum permitted density of the underlying zoning district of the property prior to receipt of the PUD application.

HISTORY
Adopted by Ord. 95-18 § 2 on 11/28/1995

Sec 21-149 Required Open Space

  1. Open space shall comprise at least fifty (50) percent of the total gross area of the PUD development. Not less than ten (10) percent of the total gross area of the PUD District development shall be reserved as common open space for developed recreational facilities.
  2. All open space, including public recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at a rate equivalent to or greater than the construction of residential structures.
  3. All open space which is not a part of an individual lot shall be reserved for its intended purpose as expressed in the final site plan.

Sec 21-150 Setback And Yard Requirements

All structures in the PUD District shall be set back at least thirty-five (35) feet from the boundary of a PUD District or sixty (60) feet from the centerline of any street, alley or way adjoining such boundary, whichever distance is greater, provided however, that all buildings other than one-family, two-family and townhouse dwellings shall be set back at least one hundred (100) feet from the boundary line of the PUD District.

These setbacks shall not be applicable when abutting a PSC district that is under consideration as part of the same zoning case.  Further, these setbacks shall not be applicable when the district abuts land outside of the corporate limits with a similar zoning classification that requires Master Plan review by the Hanover County Board of Supervisors. For this setback to be waived adjacent to the corporate limits, the Town's development plan must be coordinated and integrated with the County's Master Plan for the adjacent parcel, so as to appear as a single cohesive development.

HISTORY
Adopted by Ord. 2009-09 on 4/20/2010

Sec 21-151 Maximum Height Of Buildings

The maximum height of any building or structure in a PUD District shall be thirty-five (35) feet.

Sec 21-152 Streets

Private streets shall not be permitted in a PUD development.

Sec 21-153 Landscape Plan: Landscaping, Trees, Buffers And Screening

A landscape plan shall be required and landscaping, trees, buffers and screening shall be provided in accordance with the applicable provisions of ATC article XXIII of this chapter.

HISTORY
Adopted by Ord. 2003-16 § A3 on 2/17/2004

Sec 21-154 Statement Of Intent

This district is intended to encourage development of planned residential neighborhoods so that the demand for mobile home living may be met by the imaginative design and layout of mobile homes and by the efficient use of open space ancillary to such dwellings, so that opportunities for better housing and recreation may be provided for occupants of mobile homes; to encourage a more efficient use of land and public services; to provide a procedure which can relate the design and layout of a mobile home development to the particular site in a manner consistent with land use and to protect the district from potentially adverse neighboring influences.

Sec 21-155 Use Regulations

Structures to be erected or land to be used shall be for the following uses:

  1. Mobile homes.
  2. Day nurseries or day care centers.
  3. Recreational uses, including club houses, community centers, parks and playgrounds, golf courses, pools, game rooms, tennis courts and similar recreational improvements and facilities.
  4. Accessory uses as defined.
  5. Public utilities including poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities [shall be placed underground in accordance with ATC chapter 21, article XXII, Underground Utility Services.] The extension of water and sewer lines shall be underground and be approved by town council. Major utilities such as plant expansions, tanks, pump stations, or other buildings require a conditional use permit.
  6. Off-street parking in accordance with ATC chapter 21, article XIX.
  7. Signs in accordance with ATC chapter 21, article XX.
  8. Home occupations.

HISTORY
Adopted by Ord. 10-26-93 Paper Archive § 1 on 10/26/1993
Amended by Ord. 96-32 § 14 on 12/10/1996
Amended by Ord. 99-4 § 1 on 4/27/1999

Sec 21-156 Area And Density Regulations

  1. The minimum permitted size for any PMH development shall be five (5) contiguous acres. Additional land area may be added to an existing PMH District if it is adjacent (except for public roads) thereto, and forms a logical addition to the existing PMH District and is under the same ownership or control.
  2. The procedure for an addition shall be the same as if an original application were filed.
  3. The permitted density of any PMH development shall not be more than five (5) dwelling units per acre.

Sec 21-157 Lot And Yard Requirements

  1. The minimum lot size for each mobile home lot shall be twenty-eight hundred (2,800) square feet except that for any mobile home unit greater than fifteen (15) feet in width, the minimum lot size shall be four thousand (4,000) square feet.
  2. No mobile home shall be placed within twenty (20) feet of another, provided that with respect to mobile homes arranged end to end, the distance shall not be less than fifteen (15) feet.
  3. No mobile home shall be placed less than fifty (50) feet from the PMH District boundary.
  4. No mobile home tongue shall be placed less than ten (10) feet from interior streets, walks or common areas.

HISTORY
Adopted by Ord. 5-11-04 Paper Archive on 5/11/2004

Sec 21-158 Outdoor Living Space

  1. Each mobile home lot shall provide an appropriate outdoor living space to supplement the limited interior space of a mobile home. Said space shall be hard-surfaced, and shall be at least eighty (80) square feet.
  2. The outdoor living space shall be convenient to open areas of the lot and other facilities, fitted to terrain and natural features and related to anticipated mobile home models.

Sec 21-159 Mobile Home Stand

  1. Required. Each mobile home shall be placed on a mobile home stand, defined for the purpose of this article as an area which has been reserved for the placement of a mobile home.
  2. Placement. The mobile home stand placement shall be provided for the practical placement on and removal from the lot of both the mobile home and its appurtenant structures, and the retention of the home on the lot in a stable condition and in satisfactory relationship to its surroundings.

Sec 21-160 Reserved


Sec 21-161 Height Requirements

  1. The maximum height of any mobile home shall be fifteen (15) feet.
  2. The maximum height of any building or structure other than a mobile home shall be thirty-five (35) feet.

Sec 21-162 Garbage And Trash Disposal

Receptacles of a size and type approved by the town shall be placed in every PMH in such a manner that no mobile home is further than two hundred (200) feet from any receptacle.

Sec 21-163 Storage Tanks

Gasoline, liquefied petroleum gas or oil storage tanks shall be so installed as to comply with all town, state and national fire prevention code regulations.

Sec 21-164 Skirting

Each mobile home shall have skirting around its perimeter to screen its wheels, under carriage and tongue. Skirting must be installed within thirty (30) days after occupancy of the unit. Skirting must be of a type manufactured specifically for mobile home use.

Sec 21-165 Standards

Every mobile home placed in this district shall meet all requirements of the Industrialized Building Code of the Commonwealth of Virginia and shall be labeled as so required by the Industrialized Building Code.

State Law References: Virginia Industrialized Building Safety Law, Code of Virginia, § 36-70 et seq.

Sec 21-166 Required Open Space

  1. Open space shall comprise at least twenty-five (25) percent of the total gross area of the PMH development. Not less than ten (10) percent of the gross area of the PMH development shall be reserved as common open space for developed recreational facilities.
  2. All open space, including public recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at a rate equivalent to or greater than the construction of residential structures.
  3. All open space which is not a part of an individual mobile home lot shall be preserved for its intended purpose as expressed in the final site plan.

Sec 21-167 Streets

Private streets shall not be permitted in a PMH District.

HISTORY
Adopted by Ord. 11-27-84 Paper Archive on 11/27/1984

Sec 21-168 Landscape Plan: Landscaping, Trees, Buffers And Screening

A landscape plan shall be required and landscaping, trees, buffers and screening shall be provided in accordance with the applicable provisions of ATC article XXIII of this chapter.

HISTORY
Adopted by Ord. 2003-16 § A3 on 2/17/2004

Sec 21-169 Reserved


Sec 21-170 Outdoor Lighting

All planned mobile home parks shall have all entrances and exits lighted at night. In addition to the above, there shall be street lighting in accordance with the specifications of the town.

Sec 21-171 Statement Of Intent

The intent of the PSC District shall be to permit the development of neighborhood, community and regional shopping centers in scale with surrounding market areas at locations recommended in the comprehensive plan, and in accordance with the standards set forth therein. These shopping centers shall serve areas not already conveniently and adequately provided with commercial and service facilities of the kind proposed. It is intended to permit the establishment of such districts only where planned centers with carefully organized buildings, service areas, parking areas and landscaped open space will clearly serve demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development along highways, and protect property values in surrounding neighborhoods. It is further intended that planned shopping centers shall provide a range of facilities and services appropriate to the general need of the area served.

Sec 21-172 Where Permitted

PSC Districts shall be permitted only in areas designated in the comprehensive plan as commercial land use.

Sec 21-173 Use Regulations

Structures to be erected or land to be used shall be for the following uses permitted with a shopping center of two hundred thousand (200,000) square feet or less. Shopping centers of greater than two hundred thousand (200,000) square feet require a conditional use permit.

  1. Accessory uses as defined.
  2. Banks and financial institutions.
  3. Bowling alleys.
  4. Convenience and service establishments such as, but not limited to, barbershops, beauty parlors, tailors and automatic self-service laundries.
  5. Libraries.
  6. Painting, plastering, paperhanging, plumbing or electrical contractors, where business is conducted entirely within a completely enclosed building and where there is no storage of supplies or equipment outside the building.
  7. Pet shops, but excluding boarding kennels on the premises.
  8. Office buildings.
  9. Major utilities such as plant expansions, tanks, pump stations, or other buildings require a conditional use permit. See article XXII of this chapter for underground utility requirements.
  10. Repair services or businesses, including repair of bicycles, guns, radios, television sets, electrical appliances, locks, refrigerators, other home appliances, shoes, toys, typewriters, watches and clocks.
  11. Restaurants.
  12. Retail stores and businesses with a gross first floor area of twenty-five thousand (25,000) square feet and not to exceed a total of fifty thousand (50,000) square feet. Retail stores and businesses with a gross floor area of more than fifty thousand (50,000) square feet are permitted with a conditional use permit.
  13. Storage of materials and supplies incidental to the conduct of any use listed above, provided such storage is entirely enclosed (with the exception of growing plants).
  14. Theatres, motion picture theatres and assembly halls, but excluding drive-in theatres.
  15. Wholesale businesses.
  16. Off-street parking in accordance with ATC chapter 21, article XIX.
  17. Signs in accordance with ATC chapter 21, article XX.
  18. Temporary uses, with a conditional use permit subject to the following standards:
    1. A conceptual plan and elevations shall be reviewed by staff as part of the application. Temporary trailers, such as construction trailers, shall not be permitted to conduct business or for storage. A trailer may be used for shelter purposes only.
    2. The length of time a use shall be permitted shall be determined for each use. However, no permit shall exceed four (4) months in any twelve-month period.
    3. Permit shall be subject to a three-year review.
    4. Any bona fide civic, charitable, fraternal, or welfare organization shall be exempt from obtaining a conditional use permit for a temporary use.
  19. Dwellings located above, and accessory to, a commercial, retail, or office use, where such commercial, retail or office use is the primary use of the building.
  20. Townhouses, with a conditional use permit, and only in areas designated for mixed use by the Comprehensive Plan, so long as the total area of a townhouse development does not exceed fifty (50) percent of the total area of a planned shopping center development.
  21. Fuel sales, as an accessory use to a grocery store or retail warehouse with a conditional use permit. In addition to a freestanding sign permitted by Section 21-208(e), a conditional use permit authorizing the use described in this subsection may permit one (1) monument-type freestanding sign, not exceeding thirty (30) square feet in area and not exceeding eight (8) feet in height.

HISTORY
Adopted by Ord. 96-32 § 15 on 12/10/1996
Amended by Ord. 99-11 § 4 on 2/22/2000
Amended by Ord. 2003-5 on 5/13/2003
Amended by Ord. 2003-16 § A1 on 2/17/2004
Amended by Ord. 2007-05 on 3/20/2007
Amended by Ord. 2012-07 on 8/21/2012

Sec 21-174 Area Regulations

  1. The minimum permitted size for any PSC District shall be five (5) contiguous acres. Additional land may be added to an existing PSC District if it is adjacent (except for public roads) thereto, and forms a logical addition to the existing PSC District and is under the same ownership or control.
  2. The procedure for an addition shall be the same as if an original application were filed.

Sec 21-175 Landscape Plan: Landscaping, Trees, Buffers And Screening

The minimum landscaped open space in any PSC District shall not be less than two (2) percent of the gross area of the lot. A landscape plan shall be required and landscaping, trees, buffers and screening shall be provided in accordance with the applicable provisions of ATC article XXIII of this chapter.

HISTORY
Adopted by Ord. 2003-16 § A3 on 2/17/2004

Sec 21-176 Maximum Height Of Buildings

No building or structure in a PSC District shall exceed a height of forty-five (45) feet.  See ATC chapter 21, article XXV for supplemental height regulations.

HISTORY
Adopted by Ord. 2007-04 on 3/20/2007

Sec 21-177 Requirements When A PSC District Adjoins Other Zoning Districts

When a PSC District adjoins another zoning district, the front, side or rear yard setbacks only on the perimeter of the PSC District shall conform to the abutting zoning districts as provided in this chapter.

These setbacks shall not be applicable when abutting a PUD district that is under consideration as part of the same zoning case. Further, these setbacks shall not be applicable when the district abuts land outside of the corporate limits with a similar zoning classification that requires Master Plan review by the Hanover County Board of Supervisors. For this setback to be waived adjacent to the corporate limits, the  town's development plan must be coordinated and integrated with the County's Master Plan for the adjacent parcel, so as to appear as a single cohesive development.

HISTORY
Adopted by Ord. 2009-09 on 4/20/2010

Sec 21-178 Design Standards

  1. The shape of the district shall be suitable for the type of development proposed and shall facilitate safe and convenient ingress and egress as well as vehicular and pedestrian circulation within the district.
  2. Commercial and service uses and structures and their parking areas shall be oriented toward major arterials, minor arterials or collector streets and away from adjacent minor streets in residential neighborhoods or from adjacent residential neighborhoods not separated from the district by streets.
  3. Principal vehicular access for the general public shall be only from major arterials or minor arterials. Vehicular access from minor streets through residential neighborhoods shall generally be avoided, and where permitted, shall be so located, designed and controlled so as to be primarily for convenience of residents or adjoining residential areas and not for general public access. Pedestrian access may be provided at any suitable location within the district, but shall as a general rule be separated from vehicular access points in order to reduce congestion, marginal friction and hazards.
  4. At principal vehicular access points, service drives, turnout lanes and merging lanes may be required by the town council, with length and width as appropriate to the anticipated flow of traffic and exits along service drives, turnouts or merging lanes. Such service drives, or turnouts and merging lanes, may be included as part of the required yard adjacent to the collector street, minor arterial or major arterial, except that no such service drive or lane and no vehicular entrances or exits shall run through any part of any required landscaped area.

Sec 21-179 Standards Of Development For Townhouses Within The PSC District

  1. Density. The density of townhouse developments shall not be more than seven (7) dwelling units per acre. The gross acreage for the purpose of calculating density herein shall not include any areas devoted to retail, commercial or office uses, nor parking associated with those uses. The gross acreage may include open space as set forth in this section.
  2. Setback regulations. The minimum setback for all buildings shall be twenty-five (25) feet from all public rights-of-way. The minimum set back for townhouses shall be ten (10) feet from driveways, private streets and parking areas within the development. Accessory structures shall not be subject to any setback from driveways, private streets or parking areas.
  3. Lot frontage not required for individual units. Notwithstanding any other provision of this chapter, individual townhouse lots need not front onto a public street, provided that provisions are made to provide for maintenance of private streets throughout the development; however townhouse developments in the PSC District must have direct access to a public street.
  4. Open space. Open space shall comprise at least thirty (30) percent of the total area of each townhouse development. Open space shall be construed to be any land area contained in individual lots or in common areas, where such land area is not covered by buildings, structures or area devoted to vehicle parking, driveways or circulation. Areas credited as open space must be compact and contiguous to townhouses. Peculiar elongations solely for the purpose of meeting the area requirement for open space shall not be permitted.
  5. All other regulations in the PSC District shall apply to townhouse uses.

HISTORY
Adopted by Ord. 2007-05 on 3/20/2007

Sec 21-179.1 Statement Of Intent

  1. The Planned Office-Business District (POB) is intended to permit a variety of office, limited retail, service, and enhanced industrial uses that will be compatible in scale and community impact with the residential areas near the district. The retail uses shall be subordinate to the office and industrial uses and shall include a range of facilities and services appropriate to the general need of the area served.
  2. Development of the POB District shall be at locations recommended in the comprehensive plan and in accordance with the standards set forth within this article. Within such districts, the location of all improvements shall be controlled in such a manner as to preserve existing natural resources, protect nearby existing or planned residential development, and promote a combination of commercial, office and limited industrial uses. Such districts shall only be established where carefully organized buildings, service areas, parking areas, and open space will clearly serve a demonstrated public need, reduce traffic congestion below that which would result from commercial or industrial development along roadways, and protect property values in surrounding neighborhoods. Access to the district should be directed via existing or planned public roadways which are not adjacent to residential districts.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995

Sec 21-179.2 Applications And Development Plans

Applications, development plans and procedures for consideration and approval of Planned Office-Business Districts shall be the same as for other planned developments and as set forth in division 1 of this article, provided that the development design information required by ATC section 21-142 shall be modified as follows:

  1. Land use plans, and plans or statements describing the location and arrangement of buildings, setbacks, internal traffic circulation, parking and loading areas, landscaping, screening, open space, architecture of proposed buildings and structures, lighting and signage, and the extent, timing and estimated cost of on-site and off-site utilities and other improvements may be submitted in schematic form sufficient to establish the general character of the proposed development and to determine that it will comply with the standards applicable in the POB District. Specific-site plans shall not be required.
  2. Covenants and restrictions, including architectural and building materials guidelines, arrangements for an architectural control committee or other means of implementing such guidelines, and for maintenance of open spaces and common areas may be described in general at the time of application for rezoning. Detailed covenants and restrictions shall be submitted for approval as to form by the town attorney prior to or at the time of submittal of final plans.
  3. Through land easements or outright grants of land, developers and landowners may convey parts of their land to preserve natural features such as stands of mature trees or wetlands or planned features such at the electric car line trail and the equestrian trail.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995

Sec 21-179.3 Use Regulations

Structures to be erected or land to be used shall be for the following uses:

  1. Accessory uses as defined in ATC chapter 21, article I.
  2. Banks and financial institutions.
  3. Business, professional and trade schools, but not involving instruction in repair or operation of internal combustion engines, motor vehicles, construction equipment, heavy machinery or similar vehicles or equipment.
  4. Contractors' shops, offices and display rooms.
  5. Day care centers or day nurseries.
  6. Fire stations and rescue squad facilities.
  7. Hotels and motels, including meeting and conference facilities.
  8. Manufacture, compounding, processing, packing or treatment of products, articles or merchandise specifically listed as permitted in ATC chapter 21, article XIII, M-1 Limited Industrial District.
  9. Manufacture or assembly of electronic devices or components, appliances, medical, dental or optical equipment, hardware, tools, machinery, small parts and similar products.
  10. Office and business support services, including office supply, photocopy, blueprinting, custom printing, word-processing and similar services.
  11. Offices, including professional offices, clinics, general offices, government offices and data processing centers.
  12. Off-street parking in accordance with ATC chapter 21, article XIX.
  13. Personal service establishments.
  14. Printing, publishing and photographic processing.
  15. Public utilities, including poles, lines, transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, subject to the provisions of ATC chapter 21, article XXII, Underground Utility Services. The extension of water and sewer lines shall be underground and be approved by town council. Major utilities such as plant expansions, tanks, pump stations, or other buildings require a conditional use permit.
  16. Radio or television broadcasting stations and studios, recording studios and motion picture studios, provided that towers greater than forty-five (45) feet in height used in conjunction with any such use shall require a conditional use permit.
  17. Railroad spur tracks, with a conditional use permit.
  18. Repair services or businesses conducted in a completely enclosed building, including repair of computers and other electronic equipment, office or business machines, audio and video equipment, personal items, home appliances and similar items, but not including motor vehicles, construction equipment or other motorized equipment or large machinery.
  19. Research, development, laboratory and testing facilities, including, but not limited to, facilities related to the electronic, medical and biotechnology industries, but not including internal combustion engines, explosives, or pesticides.
  20. Restaurants, but not including drive-in or fast food restaurants.
  21. Retail stores and shops, but not including the sale or servicing of motor vehicles, trailers, boats, manufactured homes, construction equipment, major recreational equipment or similar items.
  22. Wholesale and distribution businesses and incidental warehouse facilities, when such uses are located in the same building and operated in conjunction with offices, showroom, display, sales or other areas generally accessible to the public, and provided that portions of buildings adjacent to public street frontages shall be devoted to such office, showroom, display or sales areas. Truck terminals, mini-storage facilities and mini-warehouses shall not be permitted.
  23. Community centers, with a conditional use permit.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995
Amended by Ord. 96-24 § 1 on 10/29/1996

Sec 21-179.4 Use Restrictions

  1. No individual retail store or shop, personal service establishment or restaurant shall exceed ten thousand (10,000) square feet of floor area.
  2. The total floor area of all retail stores and shops, personal service establishments and restaurants in a Planned Office-Business District shall not exceed twenty (20) percent of the total floor area of all uses in the district.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995

Sec 21-179.5 Area Regulations

  1. The minimum permitted size for a POB District shall be three (3) contiguous acres, not including streets. An area of any size may be added to an existing POB District, provided such area is contiguous or situated directly across a public street and is under the same control as the existing district.
  2. The procedure for expanding a POB District shall be the same as for establishing the original district.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995

Sec 21-179.6 Lot Size

The minimum size of lots in a POB District shall be established in conjunction with the development plan approved by the town council, provided that no lot shall be less than one hundred fifty (150) feet in width.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995

Sec 21-179.7 Setback And Yard Requirements

  1. Front yard. A front yard of not less than fifty (50) feet shall be provided, except that when no parking or other area for circulation of vehicles is located between a building and the street line, a front yard of not less than thirty (30) feet may be provided. Front yards of seventy-five (75) feet shall be provided when the property is across the street from an RR-1 or residential district and shall be buffered from public view according to section, except that when no parking or other area for circulation of vehicles is located between a building and the street line, a front yard of not less than fifty (50) feet may be provided.
  2. Side yards. Side yards of not less than thirty (30) feet shall be provided, except that side yards of not less than one hundred (100) feet shall be provided abutting property in an RR-1 or residential district. Buffers shall be provided in accordance with ATC section 21-236 of this chapter.
  3. Rear yard. A rear yard of not less than fifty (50) feet shall be provided, except that a rear yard of not less than one hundred (100) feet shall be provided abutting property in an RR-1 or residential district. Buffers shall be provided in accordance with ATC section 21-236 of this chapter.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 2003-16 § A12 on 2/17/2004

Sec 21-179.8 Maximum Height Of Buildings

No building or structure in a POB District shall exceed a height of forty-five (45) feet, provided that a building shall be permitted to a height of seventy-five (75) feet when such building is located not less than fifty (50) feet from all streets, not less than one hundred fifty (150) feet from all property in an RR-1 or residential district and when the lot on which such building is located is provided with not less than forty (40) percent open space.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995
Amended by Ord. 98-8 § 1 on 6/23/1998

Sec 21-179.9 Development Standards

The following development standards shall be applicable in the POB District in addition to the requirements for landscaping, trees, buffers and screening set forth in ATC article XXIII of this chapter and other requirements set forth elsewhere in this chapter.

  1. Open space. Not less than twenty (20) percent of each lot shall be devoted to open space as defined in ATC chapter 21, article I. Required open space may include areas devoted to landscaped yards and setbacks and other open spaces, but shall not include areas devoted to required perimeter buffers.

    Minimum required open space may be reduced to ten (10) percent of the lot when such area contains mature healthy trees, is left in a natural state except for selective thinning, and is located adjacent to a public street so as to provide a natural wooded buffer.

    The town council may, at the time of approval of the development plan for a POB District, reduce this buffer requirement in a specific case if the contiguous property zoned RR-1 or residential is designated in the future land use plan for commercial, industrial or office-business use.

  2. Landscape plan. A landscape plan as required by ATC article XXIII of this chapter shall be submitted with the final site plan for each stage of development in a POB District and shall show the manner in which the landscaping, screening, tree preservation and buffer requirements of this section will be met. Such plan shall identity specific means by which trees to be preserved shall be protected with barriers during construction in accordance with standards on file in the office of the zoning administrator. Such plan shall take into account and preserve the existing natural and scenic features such as wetlands or stands of mature trees and planned features such as the electric car line and the equestrian trail.
  3. Driveways. The detailed location and design of driveways shall be approved in conjunction with final site plans and in accordance with design standards and policies of the town. The number of driveways from public streets shall be the minimum necessary to provide safe and efficient ingress and egress, and where multiple driveways are necessary to serve a site, they shall be located as far apart as practicable. Wherever possible, internal streets or service roads providing access to individual development sites and joint driveways serving abutting properties shall be utilized.
  4. Signs. Signs shall be permitted as in the M-1 limited industrial district and set forth in ATC section 21-211 of this chapter, provided that business/identification signs shall not exceed six (6) feet in height. An overall signage program for each POB District shall be submitted prior to or at the time of submittal of final plans.

HISTORY
Adopted by Ord. 12-12-95 Paper Archive § 1 on 12/12/1995
Amended by Ord. 98-8 § 1 on 6/23/1998
Amended by Ord. 98-23 § 1 on 12/15/1998
Amended by Ord. 2003-16 §§ A6, A12 on 2/17/2004