(A)   Intent of district.

      (1)   It is the intent of this section that the CP Zoning District be established and maintained to preserve and/or control development within certain land and/or water areas in the town which:

         (a)   Serve as wildlife refuges;

         (b)   Require protection from an environmental or ecological standpoint;

         (c)   Possess great natural beauty;

         (d)   Are utilized for outdoor recreational purposes;

         (e)   Provide needed open space for the health and general welfare of the county’s inhabitants; and/or

         (f)   Are subject to periodic flooding of a degree to inhibit sound development.

      (2)   The regulations which apply within this district are designed to reserve the areas for the purposes outlined herein and to discourage any encroachment by residential, commercial, industrial or other uses capable of adversely affecting the relatively undeveloped character of the district.

   (B)   Jurisdiction of district. The CP District applies to the following areas adjacent to streams, lakes and watercourses within the town:

      (1)   Flood hazard area. Those areas within the Floodplain Map, as designated by the Official Floodplain Map for the town;

      (2)   Water quality area. Those areas within 100 feet of streams, lakes and watercourses within the town; and

      (3)   Other areas as designated by the Town Council.

   (C)   Permitted uses in a flood area. The following uses shall be permitted in any flood area of a CP Zoning District:

      (1)   Areas or structures to be of historical significance or scenic beauty and so designated on the Zoning Map;

      (2)   Agriculture, timberland, tree farms and/or forestry management areas and uses customarily accessory to the activities;

      (3)   Publicly owned and/or operated park, open space, recreational facility or use and the equipment necessary for servicing the users;

      (4)   Wildlife refuge, including one-family or two-family dwelling units of caretakers employed to maintain and protect the refuge; and

      (5)   Accessory use in compliance with the provisions of §§ 151.130 and 151.131.

   (D)   Conditional uses in flood area. None permitted.

   (E)   Water quality overlay area.

      (1)   The water quality area shall be an overlay district that regulates certain practices, but not the underlying use of the property within the district. The following restrictions apply.

      (2)   All timber practices or row crop tilling agricultural practices within the water quality area must be done in accordance with a conservation plan approved by the County Soil and Water Conservation District. Practices not in accordance with this plan shall be a violation of this chapter and subject to appropriate penalties as such.

   (F)   Dimensional requirements in flood area.

      (1)   Minimum lot area: none; except that, residences (excluding those designated to be of historical significance) and recreational facilities, where permitted, shall be on lots of not less than two acres;

      (2)   Minimum lot width: none; except lots which are sites for permitted residences and/or recreational facilities shall be on lots at least 200 feet wide;

      (3)   Minimum front yard depth: none; except for residential uses (excluding those designated to be of historical significance) or recreational facilities when the minimum shall be not less than 200 feet deep;

      (4)   Minimum side yard: none; except that, no side yard on a lot which is a side for a permitted residence (excluding those designated to be of historical significance) or recreational facility shall be less than 50 feet each in width;

      (5)   Minimum rear yard: none; except that, no rear yard on a lot which is a side for a permitted residence (excluding those designated to be of historical significance) or recreational facility shall be less than 50 feet deep;

      (6)   Maximum building height: none;

      (7)   Additional requirements: uses permitted in a CP Zoning District shall meet all standards set forth in §§ 151.120 through 151.145 pertaining to off-street parking, loading and other requirements; and

      (8)   Signs: signs permitted in CP Zoning Districts, including the conditions under which they may be located, are set forth in §§ 151.090 through 151.107.

(Ord. 97-04, passed 12-19-1996)

   (A)   Intent of district. It is the intent of this section that the FC Zoning District be utilized and reserved for general farming and tree growing purposes as well as certain specialized residential, recreational or other public purposes. The regulations which apply within this district are designed:

      (1)   To encourage the formation and continuance of a compatible environment for public and recreational areas, truck farms, orchards, livestock ranches, dairies, timberland, forest management areas, horticultural nurseries and other agricultural uses which involve the growing of crops, livestock and animals and/or trees;

      (2)   To provide the suitable services, commercial and otherwise, to residents of FC Districts; and

      (3)   To discourage any encroachment by premature housing developments, commercial and/or industrial operations or other uses capable of adversely affecting the basic agricultural or open character of the district.

   (B)   Permitted uses. The following uses shall be permitted in any FC Zoning District:

      (1)   All uses permitted in a CP Conservation-Preservation District, as shown in § 151.050;

      (2)   Farms or establishments for the growing, care and handling of field crops, truck gardening products, fruit and/or nut trees, poultry and/or animals and livestock;

      (3)   Tree farms and/or forest management areas;

      (4)   Horticultural nursery;

      (5)   Church;

      (6)   Private or semi-private club, lodge or union hall or social center;

      (7)   Animal hospital and/or boarding facility;

      (8)   Any publicly owned and operated building, facility or land;

      (9)   Eleemosynary, religious, semi-private or philanthropic institution or camp;

      (10)   Golf course;

      (11)   One-family dwelling located on a lot containing not less than two acres of land;

      (12)   One-family dwelling, accessory to farm operation on same property with farm and occupied by full-time owners and laborers on the farm;

      (13)   Individual mobile homes used for permanent residential purposes on individual lots containing not less than two acres of land;

      (14)   Private dock;

      (15)   Boat marina;

      (16)   Boat house:

      (17)   Wildlife refuge, including one-family or two-family dwelling units of caretakers employed to maintain and protect the refuge;

      (18)   Airfield, together with subordinate uses; and

      (19)   Commercial businesses or related activities existing at the time of passage of this chapter.

   (C)   Conditional uses. The following uses shall be permitted in any FC Zoning District subject to conditions set forth herein below and in § 151.164:

      (1)   Stand or shelter for the selling and/or display of seasonal agricultural products; provided that:

         (a)   The uses may encroach a front yard requirement as provided for in division (D) below; and

         (b)   At least four off-street parking spaces are provided and suitably maintained.

      (2)   Commercial riding stable; provided that, no building or enclosure for animals is located closer than 100 feet from any property line;

      (3)   Cemetery, when accessory to and on the same property as a permitted use in the FC District;

      (4)   Temporary use in compliance with the provisions of § 151.164;

      (5)   Customary home occupation established under the regulations of § 151.129; and

      (6)   Accessory use in compliance with the provisions of §§ 151.130 and 151.131.

   (D)   Dimensional requirements. Unless relief is granted elsewhere in this chapter, structures permitted in FC Zoning Districts shall be required to conform to the following standards:

      (1)   Minimum lot area: two acres;

      (2)   Minimum lot width: 200 feet;

      (3)   Minimum front yard depth: 50 feet; except that, stands or shelters for the selling and/or display of seasonal agricultural produce or other permitted commercial activities may be located within the minimum front yard area, but no closer than ten feet to the nearest street right-of-way. For exceptions to this requirement, see §§ 151.124 and 151.125;

      (4)   Minimum side yard: 30 feet. For each side yard requirement pertaining to corner lots, see §§ 151.122 and 151.124;

      (5)   Minimum rear yard: 30 feet. For rear yard requirements pertaining to double frontage lots, see § 151.124;

      (6)   Maximum building height: none;

      (7)   Additional requirements: where required, uses permitted in FC Zoning Districts shall meet all standards set forth in §§ 151.120 through 151.145 pertaining to off-street parking, loading and other requirements; and

      (8)   Signs: signs permitted in FC Zoning Districts, including the conditions under which they may be located, are set forth in §§ 151.090 through 151.107.

(Ord. 97-04, passed 12-19-1996)

   (A)   Intent of district. It is the intent of this section that the R-8 Zoning District be developed and reserved for one-family residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings situated on lots of 8,000 square feet or more; and to discourage any encroachment by commercial, industrial or other use capable of adversely affecting the residential character of the district.

   (B)   Permitted uses. The following uses shall be permitted in any R-8 Zoning District:

      (1)   All uses permitted in a CP Conservation-Preservation District, as shown in § 151.050;

      (2)   One-family dwelling (other than a mobile home);

      (3)   Publicly owned building, facility or land;

      (4)   Unlighted, regulation-size or par three golf courses, including normal club house and pro shop activities, and other business activities associated with a country club;

      (5)   Non-commercial horticulture or agriculture, but not including the keeping of poultry or animals;

      (6)   Customary home occupation established under the provisions of § 151.129; and

      (7)   Accessory use in compliance with the provisions of §§ 151.130 and 151.131.

   (C)   Conditional uses.

      (1)   The following uses shall be permitted in any R-8 Zoning District subject to conditions set forth herein below and in § 151.164:

         (a)   Church, synagogue, temple and other place of worship; provided that:

            1.   The use is housed in a permanent structure; and

            2.   No structure on the lot is closer than 25 feet to any abutting residential property line.

         (b)   Public and private school engaged in teaching general curriculum for educational advancement; provided, the structures are placed not less than 50 feet from any residential property line;

         (c)   Public utility substation or sub-installation including water towers; provided that:

            1.   The use is enclosed by a painted or chainlink fence or wall of at least six feet in height above finished grade;

            2.   There is neither office nor commercial operation nor storage of vehicles or equipment on the premises; and

            3.   A landscaped strip not less than five feet in width at inception of the use is planted and suitably maintained around the facility.

         (d)   Temporary use in compliance with the provisions of § 151.164; and

         (e)   Private kindergarten or pre-school nursery; provided that:

            1.   The use is located on a lot not less than one acre in area; and

            2.   No structure on the lot is closer than 50 feet to any abutting residential property line.

      (2)   If operated as part of a church, synagogue, temple or other place of worship, a private kindergarten or preschool nursery shall be considered an accessory use to the church, synagogue, temple or other place of worship. Otherwise, the use shall be considered a conditional use and shall be required to observe the requirements for private kindergartens and pre-school nurseries as set forth above.

   (D)   Prohibited uses. Mobile homes are expressly prohibited in any R-8 Zoning District. Mobile homes existing in the district upon enactment of this chapter are declared nonconforming uses and subject to provisions of § 151.127, except on Edgewood Circle when taking the first right off of Anderson onto Edgewood past Peach Orchard Road.

   (E)   Other requirements. Unless relief is granted elsewhere in this chapter, uses permitted in R-8 Zoning Districts shall be required to conform to the following standards:

      (1)   Minimum lot area: 8,000 square feet;

      (2)   Minimum area per dwelling unit: 8,000 square feet;

      (3)   Minimum lot width, measured at the building line: 50 feet;

      (4)   Maximum front yard depth, measured from the nearest abutting street right-of-way line: 25 feet. For exceptions to this requirement, see §§ 151.124 and 151.125;

      (5)   Minimum side yard: 15 feet. For rear yard requirements pertaining to double frontage lots, see § 151.124;

      (6)   Minimum rear yard: 15 feet. For rear yard requirements pertaining to double frontage lots, see § 151.124;

      (7)   Maximum building height: 35 feet. For exceptions to height regulations, see § 151.141;

      (8)   Additional requirements: uses permitted in R-8 Zoning Districts shall meet all standards set forth in §§ 151.120 through 151.145, pertaining to off-street parking, loading and other requirements; and

      (9)   Signs: signs permitted in R-8 Zoning Districts, including the conditions under which they may be located, are set forth in §§ 151.090 through 151.107.

(Ord. 97-04, passed 12-19-1996)

   (A)   Intent of district. It is the intent of this section that the GR Zoning District be developed and reserved for medium-to-high density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable health environment for several different types of dwellings situated on lots of 5,000 or more square feet and to discourage unwarranted encroachment of commercial, industrial or other uses capable of adversely affecting the residential character of the district.

   (B)   Permitted uses. The following uses shall be permitted any GR Zoning District:

      (1)   All uses permitted in the R-8 One-Family Residential District as shown in § 151.052;

      (2)   Two-family dwellings;

      (3)   Multi-family dwellings;

      (4)   Group dwelling; and

      (5)   Commercial uses existing at the time of passage of this chapter.

   (C)   Conditional uses. The following uses may be permitted in any GR Zoning District subject to the provisions set forth in § 151.164:

      (1)   All conditional uses permitted in any R-8 One-Family Residential District as shown in § 151.052;

      (2)   Public or private care home; provided, the facility conforms with the requirements of the State Department of Health and Environmental Control, and provided plans for the facility receive the written approval of the County Board of Health prior to the issuance of any permits for construction and operation; copies of the approval to be attached to the building permit and to be retained in the files of the Zoning Administrator; and

      (3)   Mobile home on individual lot containing not less than 5,000 square feet; provided, the uses are occupied as residences, wheels for transporting the uses are removed, are skirted around the perimeter and are placed and anchored on a permanent foundation. Approved metal mobile home skirting or vinyl siding skirting.

   (D)   Other requirements. Unless relief is granted elsewhere in this chapter, uses permitted in GR Zoning Districts shall be required to conform to the following standards:

      (1)   Minimum lot area:

 

 

      (2)   Minimum lot area per dwelling unit: the minimum area per dwelling unit on a lot shall not be less than indicated by dwelling unit type on the following schedule:

 

 

      (3)   Minimum lot width, measured at the building line:

 

 

      (4)   Minimum front yard depth measured form the nearest abutting street right-of-way line: 25 feet. For other exceptions to this requirement, see §§ 151.122 and 151.125;

      (5)   Minimum side yard: no less than ten feet on each side; provided that, the total of both side yards is no less than 30% of the lot width. For side yard requirements pertaining to corner lots, see § 151.124; and

      (6)   Aesthetic regulations: two- and multi-family uses in a general residential use must conform to appearance regulations set forth in §§ 151.075, 151.076 and 151.090 through 151.107.

(Ord. 97-04, passed 12-19-1996)

   (A)   Purpose. It is the intent of this section that the GC Zoning District be developed and reserved for general business purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible and economical environment for business, financial, service and professional uses which benefit from being located in close proximity to each other; and to discourage any encroachment by industrial, residential or other uses considered capable of adversely affecting the basic commercial character of the district.

   (B)   Permitted uses. The following uses shall be permitted in any GC Zoning District:

      (1)   Retail business involving the sale of merchandise on the premises in stores, specifically including:

         (a)   Antique shop;

         (b)   Appliance, radio, television store;

         (c)   Art supply store;

         (d)   Book, magazine, newspaper shop;

         (e)   Candy store;

         (f)   Clothing store;

         (g)   Drug store or pharmacy;

         (h)   Florist shop;

         (i)   Fruit, nut and/or vegetable store;

         (j)   Gift or curio shop;

         (k)   Grocery store;

         (l)   Hardware store;

         (m)   Hobby and/or toy store;

         (n)   Household furnishings store;

         (o)   Millinery or hat store;

         (p)   Music store and/or record shop;

         (q)   Five- and ten-cent general or variety store;

         (r)   Office supply and equipment store;

         (s)   Package liquor store;

         (t)   Paint store;

         (u)   Photographic and camera supply and service store and studio;

         (v)   Shoe store;

         (w)   Sporting goods store; and

         (x)   Video film rental store.

      (2)   Business involving the rendering of a personal service or the repair and servicing of small equipment specifically including:

         (a)   Appliance, radio, television repair shop;

         (b)   Bank, savings and loan association, personal loan agency and branches;

         (c)   Barber shop, beauty shop or combination thereof;

         (d)   Bicycle repair and sales shop;

         (e)   Business school or college, commercial trade or vocational school;

         (f)   Dressmaker, seamstress, tailor;

         (g)   Dry cleaning self-service and/or laundry self-service facility;

         (h)   Funeral home or mortuary;

         (i)   Hotel, motel and/or tourist home;

         (j)   Jewelry and watch repair shop;

         (k)   Medical, dental or chiropractic clinic and/or laboratory;

         (l)   Locksmith or gunsmith;

         (m)   Office for governmental, business, professional or general purpose;

         (n)   Photographic studio;

         (o)   Private or semi-private club, lodge, union hall or social center;

         (p)   Private school offering curriculum leading to a recognized diploma, certification or degree;

         (q)   School offering instruction in art, music, dancing, drama or similar cultural activity;

         (r)   Secretarial and/or telephone answering service;

         (s)   Shoe repair shop;

         (t)   Telegraph office; and

         (u)   Telephone exchange.

      (3)   Radio and/or television station;

      (4)   Private or semi-private club, lodge, union hall or social center;

      (5)   Church, synagogue, temple or other place of worship;

      (6)   Residential use lawfully existing within the district at the time of adoption of this chapter;

      (7)   Off-street commercial parking lot or garage;

      (8)   Publicly owned and operated building, facility or land including schools; and

      (9)   Accessory use in compliance with the provisions of §§ 151.130 and 151.131.

   (C)   Conditional uses. The following uses shall be permitted on a conditional basis in any GC Zoning District, subject to the conditions set forth in § 151.164:

      (1)   Animal hospital and/or boarding facility; provided, all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is perceptible beyond the premises;

      (2)   Auto accessory store provided there is no storage of wrecked automobiles or scrapped or salvaged auto parts on the premises;

      (3)   Automobile laundry or washeteria provided an off-street paved parking area capable of accommodating not less than one-half of hourly vehicle washing capacity awaiting entrance to the washing process is suitably located and maintained on the premises (the space to contain at least 200 square feet per waiting vehicle); and, provided, no safety hazard or impediment to traffic movement is created by the operation of an establishment;

      (4)   Automobile service station provided operations involving major repairs, body and fender work, painting or the sale or rental of new or used cars or trucks, trailers or any type of boats, are not conducted on the premises; provided, all pumps are set back at least 25 feet from the right-of-way line of all abutting streets; and, provided, parking and/or service areas are separated from adjoining residential properties by a suitable screen, fence or wall at least six feet in height above finish grade;

      (5)   Bakery; provided that, goods baked on the premises are sold only at retail on the premises;

      (6)   Commercial recreational facility, specifically including:

         (a)   Billiard parlor;

         (b)   Theater, including drive-in facility;

         (c)   Bowling alley;

         (d)   Golf course (including driving range or Par 3 operation); provided, no outside loud speaking systems are utilized; provided, all lights or lighting arrangements used for purposes of advertising or night operations are directed away from adjoining or nearby residential properties; and, provided, parking and/or service areas are separated from adjoining residential properties by a suitable planting screen, fence or wall at least six feet in height above finish grade;

      (7)   Community hospital or clinic including any functions which relate directly to the operation of hospitals or clinics and are contained within the confines of the hospital or clinic; and, provided, the uses are in compliance with the provisions of § 151.131;

      (8)   Delicatessen, restaurant, soda fountain or other eating and/or drinking establishment; provided, no outside loud speaker systems are utilized; provided, all lights or lighting arrangements used for purposes of advertising or night operations are directed away from adjoining or nearby residential properties; and, provided, parking and/or service areas are separated from adjoining residential properties by a suitable planting screen, fence or wall at least six feet in height above finish grade;

      (9)   Dry cleaning or laundry pickup agency; provided that, any laundering, cleaning or pressing done on the premises involves only articles delivered to the premises by individual customers;

      (10)   Garage for the repair and servicing of motor vehicles provided all operations are conducted within a fully enclosed building and provided there is no open storage of wrecked vehicles, dismantled parts or parts visible beyond the premises;

      (11)   Meat, fish and/or poultry shop; provided that, no slaughtering be permitted. Any cleaning of fish or poultry necessary for the use may be permitted provided cleaning activities are conducted within the principal building enclosure on the premises;

      (12)   Newspaper publishing plant; provided that, the requirements for parking, loading, and unloading conform to those for industrial buildings, as set forth in §§ 151.120 through 151.145;

      (13)   Open yard use for the sale, rental and/or storage of materials or equipment excluding junk or other salvage; provided that, the uses are separated from adjoining residential properties or zoning districts by a suitable planting screen, fence or wall at least six feet in height above finished grade;

      (14)   Pet shop; provided, all animals are housed within the principal building so that no sound is perceptible beyond the premises;

      (15)   Public utility substation or subinstallation, including water or fire towers; provided, the use in enclosed by a painted or chain-link fence or wall at least six feet in height above finish grade; provided, there is neither an office nor commercial operation nor storage of vehicles or equipment on the premises; and, provided, a landscaped strip not less than five feet in width is planted and suitably maintained;

      (16)   Mini-warehouses; provided that, the site does not exceed two acres, that total lot coverage is limited to 50% of the total area, that vehicular ingress-egress is limited to one point per each side of property and that only rental of the storage units is the only commercial activity; and

      (17)   Temporary use in compliance with the provisions of § 151.164.

   (D)   Other requirements. Unless relief is granted elsewhere in this chapter, uses permitted in GC General Commercial Zoning Districts shall be required to conform to the following standards:

      (1)   Minimum lot area: 10,000 square feet;

      (2)   Minimum lot width measured at the building line: 100 feet;

      (3)   Minimum front yard: measured from the nearest abutting street right-of-way line: 50 feet;

      (4)   Minimum side yard: not less than ten feet for each side. Where the district abuts any Residential Zoning District not separated by a street right-of-way, a minimum side yard of 30 feet on the side abutting the Residential District, together with a suitable planting screen, fence or wall at least six feet in height above finished grade shall be required. For side yard requirements pertaining to corner lots, see §§ 151.122 and 151.124;

      (5)   Minimum rear yard: 15 feet, where the district abuts any Residential Zoning District not separated by a street right-of-way, a suitable planting screen, fence or wall at least six feet in height above finished grade shall be required. For rear yard requirements pertaining to double frontage lots, see § 151.124;

      (6)   Maximum building height: for hotels and office buildings: 60 feet; for all other uses: 35 feet. For exceptions to the height regulations, see § 151.141;

      (7)   Additional requirements: uses permitted in GC Zoning District shall meet all standards set forth in §§ 151.120 through 151.145, pertaining to off-street parking, loading and other requirements; and

      (8)   Aesthetics: uses permitted in GC Zoning Districts must conform to aesthetic regulations set forth in §§ 151.075, 151.076 and 151.090 through 151.107.

(Ord. 97-04, passed 12-19-1996)

   (A)   Purpose. The intent of the CC Core Commercial District is to encourage the maintenance of a centrally located trade and commercial service area within municipalities, to promote infill of downtown retail spaces and to provide for the orderly expansion of the areas.

   (B)   Permitted uses. The following uses shall be permitted in any CC Core Commercial District: Any use permitted in any GC Zoning District subject to the conditions of § 151.054.

   (C)   Conditional uses. The following uses shall be permitted on a conditional basis in any CC Core Commercial District: any use permitted on a conditional basis in any GC District, subject to the conditions of §§ 151.054 and 151.164, expressly excluding mini-warehouses.

   (D)   Other requirements. Unless relief is granted elsewhere in this chapter, uses permitted in CC Core Commercial Districts shall be required to meet all standards set forth in this chapter for uses permitted in GC Zoning Districts, except that all front and side yard requirements, as well as all off-street parking and loading requirements shall be waived.

(Ord. 97-04, passed 12-19-1996)

   (A)   Purpose. The intent of the LI Zoning District is to provide areas for limited industrial purposes which are not significantly objectionable in terms of noise, odor, fumes and the like to surrounding properties. The regulations which apply within this district are designed to encourage the formation and continuance of a comparable environment for use generally classified to be limited industrial in nature; protect and reserve undeveloped areas in the county which are suitable for the industries; and discourage encroachment by those residential, commercial or other uses capable of adversely affecting the basic industrial character of the district.

   (B)   Permitted uses. The following uses shall be permitted in any LI Zoning District:

      (1)   Research or experimental laboratories;

      (2)   Transportation terminal facility, including airfields together with incidental operations;

      (3)   Public building, facility or land other than a school, playground, hospital, clinic, care home or cultural facility;

      (4)   Public utility installation;

      (5)   Agricultural farm;

      (6)   Horticultural nursery;

      (7)   Radio and/or television station and/or transmission tower;

      (8)   Office building and/or offices for governmental, business, professional or general purposes;

      (9)   Commercial trade or vocational school; and

      (10)   Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer, client or employee-owned vehicles.

   (C)   Conditional uses. The following uses shall be permitted on a conditional basis in any LI Zoning District, subject to the conditions set forth in § 151.164:

      (1)   Any industrial use, plus operations incidental to the use, which involves manufacturing, processing, assembly, storage operations; provided, the manufacturing, processing, assembly or storage and, in no way, involves any junk or salvage operations; provided that, there is no open storage of junk or salvage materials; and, provided that, any noise, vibration, smoke, gas, fume, odor, dust, fire hazard, dangerous radiation or other injurious or obnoxious conditions related to the operation are not sufficient to create a nuisance beyond the premises;

      (2)   Warehouse or other storage facility; provided that, there is no open storage of junk or salvage materials of any type in conjunction with the operation;

      (3)   Wholesale business outlet; provided that, there is no open storage of junk or salvage materials of any type in conjunction with the operation;

      (4)   Automobile service station or truck stop; provided that, all pumps are set back at least 25 feet from the right-of-way line of any street; and, provided that, there is no open storage of any type in conjunction with the operation;

      (5)   Animal hospital and/or boarding facility; provided, all boarding arrangements are maintained within a building and no noise connected with the operation of the facility is discernible beyond the premises;

      (6)   Retail business; provided, the business is incidental to a permitted use; is located on the same premises as a permitted use; and involves no open storage of junk or salvage materials of any type in conjunction with the operation;

      (7)   Truck terminal; provided that, paved acceleration and deceleration lanes at least ten feet in width and 100 feet in length, respectively, are furnished and maintained where trucks enter or leave terminal sites located adjacent to major streets; provided no safety hazards or impediment to traffic movement is produced on any access road; and provided no open storage of any type is conducted in connection with the operation;

      (8)   Watchpersons or caretaker’s one-family or two-family dwelling; provided that, a dwelling is located on the premises of a permitted use; and, provided, the head of the household is employed by the industry as a watchperson or caretaker;

      (9)   Dwelling incidental to a permitted agricultural or horticultural use; provided that, the related dwellings are occupied only by persons employed directly on the premises;

      (10)   Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts; provided that, there is no open storage of junk or salvage materials of any type in conjunction with the operation; and, provided, no objectionable sound, vibration, heat, glare or electrical disturbance is created which is perceptible beyond the premises; and

      (11)   Temporary use in compliance with the provisions of § 151.164.

   (D)   Other requirements. Unless relief is granted elsewhere in this chapter, uses permitted in the LI Limited Industrial Zoning Districts shall be required to conform to the following standards:

      (1)   Minimum lot area: one acre;

      (2)   Minimum lot width measured at the building line: 100 feet;

      (3)   Minimum front yard depth measured from the nearest abutting street right-of-way: 100 feet;

      (4)   Minimum side yard: no less than 50 feet on each side, except that when the property abuts another zoning district, at least 100 feet on that particular side shall be required. Where the district abuts any Residential Zoning District not separated by a right-of-way, a suitable planting screen, fence or wall of at least six feet in height above finish grade will be required. For rear yard requirements pertaining to double frontage lots, see § 151.124;

      (5)   Maximum building height: 60 feet. For exceptions to height regulations, see § 151.141;

      (6)   Additional requirements: uses permitted in LI Zoning Districts, shall meet all standards set forth in §§ 151.120 through 151.145, pertaining to off-street parking, loading and other requirements;

      (7)   Aesthetics: uses permitted in LI Zoning Districts, including the conditions under which they may be located must conform to standards set forth in §§ 151.075, 151.076 and 151.090 through 151.107; and

      (8)   Nuisance: no use shall be allowed in a BI Zoning District that would constitute a nuisance to neighboring land uses because of noise, glare, fire, odor, sound, vibrations or excess and unsafe traffic. Standards for these uses are included in Appendix A.

(Ord. 97-04, passed 12-19-1996)

   (A)   Purpose. The intent of the BI Basic Industrial District is to promote the development and continued use of land for large-scale basic or primary industrial purposes which involve extensive manufacturing, processing or assembly operations; and preserve undeveloped sizable tracts of land with industrial potential for industrial uses.

   (B)   Permitted uses. The following uses shall be permitted in any BI Zoning District:

      (1)   Any use permitted in any BI Zoning District, subject to the standards set forth in this section;

      (2)   Any industrial use plus operations incidental to the use, which involves manufacturing, processing or assembly operations or the storage and sale of heavy materials, products or equipment; but not including junk or salvage yards or uses which may cause injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazards, dangerous radiation or other conditions objectionable to nearby areas, except under conditions as specified in division (C) below;

      (3)   Warehouse; and

      (4)   Bulk storage of petroleum products.

   (C)   Conditional uses. The following uses shall be permitted on a conditional basis in any BI Zoning District, subject to the conditions set forth in § 151.164:

      (1)   Retail or wholesale business or service; provided, the business or service is incidental to a permitted industrial use and is located on the same premises;

      (2)   Truck terminal; provided that, paved acceleration and deceleration lanes at least ten feet in width and 100 feet in length, respectively, are furnished and maintained where trucks enter or leave terminal sites; provided, no safety hazard is produced on any access road; and, provided, sites for the facilities have direct access to major streets;

      (3)   Private recreation facility; provided, the facility is incidental to a permitted use and located on the same premises;

      (4)   Any industrial use, plus operations incidental to the use, which may produce injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other objectionable conditions; provided, the objectionable conditions do not adversely affect adjoining properties; provided, the use is located at least 400 feet from any abutting property line; and, provided, the use is located on a site at least ten acres in size;

      (5)   Open yard use for the sale, rental and/or storage of new, used or salvage materials, or equipment; provided, no burning of material or products is conducted on the premise; and, in case of open storage of used or salvaged materials and/or equipment; provided, a fence or wall of at least six feet in height above finish grade will be required along all property lines, of the consistency as to completely hide the use of the property from public view;

      (6)   Warehouse or other salvage facility; provided that, there is no open storage of junk or salvage material of any type in conjunction with the operation;

      (7)   Watchperson or caretaker’s one-family or two-family dwelling; provided that, such a dwelling is located on the premises of a permitted use; and, provided, the head of the household is employed by the industry as a watchperson or caretaker;

      (8)   Dwelling incidental to a permitted agricultural or horticultural use; provided that, the related dwellings are occupied only by persons employed directly on the premises; and

      (9)   Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts provided any open yard storage incidental to an operation conforms to the provisions of division (C)(5) above; and, provided, no objectionable sound, vibration, heat, glare or electrical disturbance is created which is perceptible beyond the premises.

   (D)   Other requirements. Unless relief is granted elsewhere in this chapter, uses permitted in BI Basic Industrial Zoning Districts shall be required to conform to the following standards:

      (1)   Minimum lot area: 25,000 square feet;

      (2)   Minimum lot width measured at the building line: 100 feet;

      (3)   Minimum front yard measured from the nearest abutting street right-of-way line: 25 feet;

      (4)   Minimum side yard: no less than ten feet on each side; except that, when the property abuts another zoning district, 30 feet shall be required. Where the district abuts any residential district not separated by a right-of-way, a suitable planting screen, fence or wall of at least six feet in height above finish grade will be required. For side yard requirements pertaining to corner lots, see §§ 151.122 and 151.124;

      (5)   Minimum rear yard: 15 feet; except that, where the property abuts another zoning district, 30 feet shall be required. Where the district abuts any residential district not separated by a right-of-way, a suitable planting screen, fence or wall of at least six feet in height above finish grade will be required. For rear yard requirements pertaining to double frontage lots, see § 151.124;

      (6)   Maximum building height: no more than 60 feet, unless approved by the Town Council. For exceptions to height regulations, see § 151.141;

      (7)   Additional requirements: uses permitted in BI Zoning Districts shall meet all standards set forth in §§ 151.120 through 151.145, pertaining to off-street parking, loading and other requirements;

      (8)   Aesthetics: uses permitted in BI Zoning Districts, including the conditions under which they may be located, must conform to standards set forth in §§ 151.075, 151.076 and 151.090 through 151.107; and

      (9)   Nuisance: no use shall be allowed in a BI Zoning District that would constitute a nuisance to neighboring land uses because of noise, glare, fire, odor, sound, vibrations or excess and unsafe traffic. Standards for these uses are included in Appendix A to this chapter.

(Ord. 97-04, passed 12-19-1996)

      (1)   The density shall not exceed eight manufactured home units per acre.

      (2)   Water and sewer hookups shall be provided for each manufactured home site.

      (3)   All towing devices, wheels, axles, and hitches shall be removed.

      (5)   A permanent landing and steps with handrails are required at each exterior doorway. The structure must include steps which lead to the ground level. All exterior exits of the home shall have a landing of no less than three feet by three feet in size with 36-inch handrails.

      (6)   Skirting or a curtain wall, unpierced except for required ventilation, and access door must be installed and may consist of brick, masonry, block, stone, or similar materials designed and manufactured for permanent outdoor installation. The minimum ventilation requirement shall be one square foot of ventilation per 150 square feet of crawl space. All skirting shall be able to withstand an 80 mile-per-hour wind zone standard. The requirement of this division shall be complied with on or before final inspection for this unit is made.

      (7)   A six-foot-high privacy fence, made of wood that provides a nearly 100% opacity level, shall be erected along all exterior property lines and shall be maintained during operation of the mobile home park.

   (D)   Mobile home parks are prohibited without the approval from Mayor and Council.

(Ord. 97-04, passed 12-19-1996; Ord. - -, passed - -; Ord. 24-121, passed 12-4-2024)

   (A)   Intent of district. It is the intent of this section that the FA Zoning District be utilized for the general development of rural areas in and around the town. The regulations which apply within this district are designed:

      (1)   To encourage the formation and continuance of a compatible environment for rural areas;

      (2)   To provide the suitable services, commercial and otherwise, to residents of FA Districts; and

      (3)   To discourage incompatible housing developments, commercial and/or industrial operations or other uses capable of adversely affecting the basic rural character of the district.

   (B)   Permitted uses. The following uses shall be permitted in any FA Zoning District subject to the development standards in § 151.051:

      (1)   All uses permitted in a CP Conservation-Preservation District, as shown in § 151.050;

      (2)   All uses permitted, by right or by conditional use in a FC Zoning District, as shown in § 151.051;

      (3)   One-family dwelling located on a lot containing not less than two acres of land;

      (4)   One-family dwelling, accessory to farm operation on same property with farm and occupied by full-time owners and laborers on the farm;

      (5)   One-family dwelling located on a lot containing not less than one acre of land, if the structure is connected to a public water system;

      (6)   Individual mobile homes used for permanent residential purposes on individual lots containing not less than two acres of land; and

      (7)   Commercial businesses or related activities existing at the time of passage of this chapter.

   (C)   Conditional uses. The following uses shall be permitted in any FA Zoning District; subject to conditions set forth herein below and in § 151.164:

      (1)   Junkyards; provided that:

         (a)   They are not within 2,000 feet of a church, historic landmark, public park or any residential use or district;

         (b)   No open storage or discarded material exists;

         (c)   No open storage of any material subject to transfer by natural elements exists; and

         (d)   All outside activities and materials are fully screened by fences, trees, beams or natural landscaping at installation.

      (2)   Commercial kennels, stockyards and slaughter houses; provided that:

         (a)   They are not located within 2,000 feet of a residential use;

         (b)   They are properly buffered from all adjoining land uses at inception of operations;

         (c)   No outside storage of waste is allowed; and

         (d)   They shall meet or exceed all federal and state standards and be fully permitted before starting operations.

      (3)   Institutional uses; provided that, the Town Council has approved a site plan including;

         (a)   A transportation plan;

         (b)   An emergency and evacuation plan;

         (c)   Proper buffering;

         (d)   A lighting plan;

         (e)   Potential recreation facilities;

         (f)   An environmental impact study including steps necessary to implement recommendations; and

         (g)   Utility requirements and how they will be provided.

      (4)   Uses permitted by right or by condition in a LI District; provided, all requirements and standards of that district, § 151.164 and the following conditions are met:

         (a)   The Planning Commission finds that location of the use will not adversely impact surrounding areas; and

         (b)   A site plan demonstrating building materials, traffic circulation and buffering has been approved by the Planning Commission.

   (D)   Prohibited uses.

      (1)   Hazardous and nuclear waste facilities and disposal sites are prohibited in the town to the fullest extent allowed under state and federal law;

      (2)   Landfills and inert dump sites; and

      (3)   Facilities involving the discharge of firearms.

   (E)   Development standards. Unless relief is granted elsewhere in this chapter, structures permitted in RD Zoning Districts shall be required to conform to the standards for the LI District.

(Ord. 97-04, passed 12-19-1996)

   (A)   Findings and purposes.

      (1)   The Town Council finds that:

         (a)   The protection of a scenic driving experience along selected scenic roads and streets is required in the interest of fostering economic development, civic pride, outdoor recreational opportunities and the general welfare of the town’s residents;

         (b)   The preservation of natural and scenic corridors along designated scenic highways will stabilize and enhance the economic vitality of the town and will enhance property values in the town;

         (c)   The preservation of natural and scenic corridors will protect and enhance the town’s attraction to tourists, visitors and new businesses;

         (d)   The preservation of scenic corridors will promote good design and enhance the economic vitality of established commercial districts; and

         (e)   The control of curb cuts along highways promotes safe and efficient traffic flow along those highways.

      (2)   The purposes of Scenic Highway Protection (SHD) District therefore are:

         (a)   To protect and enhance the scenic beauty of the town and especially of land adjacent to designated scenic highways by exercising the reasonable control over land uses within the district to ensure that new development will not unnecessarily detract from the natural beauty of designated scenic highways;

         (b)   To provide for safe and efficient traffic flow on designated scenic highways by preventing the proliferation of curb cuts and turning traffic;

         (c)   To encourage development which is compatible with and enhances the natural beauty of designated scenic highways and their corridors;

         (d)   To encourage economic activity that does not reduce the natural beauty of the town’s open lands;

         (e)   To protect scenic vistas along designated scenic highways;

         (f)   To encourage orderly and sensitive development as appropriate for scenic corridors;

         (g)   To ensure a safe and attractive driving experience and a pleasant view free of clutter and visual blight along designated highways; and

         (h)   To protect and perpetuate the town’s natural and historic heritage and to make that heritage available to the motoring public.

   (B)   SHD District established.

      (1)   The SHD District is established in accordance with the findings and purposes stated above. The Appearance Review Committee may recommend and the Town Council may create SHD districts along specified scenic roads and streets (“scenic highways”) in accordance with the standards and provisions of this chapter.

      (2)   The SHD District shall apply as an overlay zoning district so that the standards and requirements of the SHD District are superimposed over the standards and requirements of the existing zoning district for an area. Any use of land within any SHD District must comply with the standards and requirements of both the underlying district and the SHD District. The provisions of the SHD District shall apply in addition to other requirements of this chapter. In the case of conflict, the most restrictive provisions shall govern.

      (3)   No land shall be used or occupied and no structure shall be erected, altered, used or occupied within a SHD district, except as provided in this chapter.

   (C)   Location of district. The boundaries of each SHD district shall be drawn in a manner as to include all areas within the town jurisdiction that have a visual impact from the designated scenic highway. The ARC shall take into consideration such factors as topography and vegetation (evergreen and deciduous) in establishing proposed boundaries.

   (D)   Review criteria/design guidelines. The Appearance Review Committee shall promulgate design guidelines that apply to the SHD District. The guidelines shall be adopted by Town Council and incorporated into this chapter as Appendix A to this chapter.

   (E)   Special exception required. No structure shall be erected or use commenced unless a conditional use permit for the structure has been approved by the Appearance Review Committee; provided that:

      (1)   A public hearing on the application shall be conducted, given 15 days’ notice of time and place;

      (2)   The application shall be accompanied by a site plan presented in accordance with the requirements of this chapter and the following additional requirements.

         (a)   The location of all improvements on the site plan shall be specifically indicated and no alteration or movement of a proposed improvement in excess of ten feet shall be permitted without the approval of the Appearance Review Committee.

         (b)   The site plan shall delineate construction lines. The site plan shall indicate all building, parking, and vehicular use areas, and all areas of proposed vegetation removal. Outside of the designated construction line, the applicant shall leave undisturbed all areas of native vegetation including trees, shrubs and understory vegetation.

         (c)   The site plan shall show the height of all proposed structures.

   (F)   Development criteria. In addition to the regular development criteria prescribed for a given zoning district, the following criteria shall apply for approval of a special exception for any proposed development within a designated Scenic Highway Protection District. The Town Appearance Commission shall grant a special exception for a use within the SHD District only if it makes the findings determined by the Town Council.

   (G)   Waivers.

      (1)   An applicant presenting a site plan for approval may request, in writing, a waiver from one or more of the requirements of this chapter. A waiver may be granted by the Planning Board upon finding one of following conditions:

         (a)   A requirement of this chapter would eliminate all economically reasonable use or development of a parcel;

         (b)   A requirement of this chapter would serve no legitimate public purpose due to the peculiar configuration, topography, location or surrounding conditions of the parcel; and

         (c)   The provisions of this chapter shall exempt and shall not prohibit the construction of a single-family dwelling on a lot platted prior to the effective date of this chapter.

      (2)   The ARC may approve any waiver to the minimum extent necessary to alleviate the need for the waiver and should state the reasons for approving the waiver in writing.

      (3)   In addition, the Zoning Board of Appeals may grant a variance from the terms of this chapter in accordance with the standards set forth in § 13.

(Ord. 97-04, passed 12-19-1996)

   (A)   Purposes of district. The Planned Mixed Development District (PMD) is established to allow planned development as an option in designated areas. The purposes of this section are to provide an alternative form of development that:

      (1)   Eliminates standards dimensional requirements while reserving sufficient natural open space for common use;

      (2)   Enhances the physical appearance of the town by preserving the town’s natural assets and distinctive character;

      (3)   Promotes more efficient use of land and provision of public facilities, utilities, streets and services;

      (4)   Provides the opportunity for innovative combinations of housing, light industrial, commercial, recreation/tourism uses and professional services within a single development;

      (5)   Conserves natural and environmental resources and the integrity of natural systems;

      (6)   Encourages innovative mixture of development so that land use demands are met by a greater variety of types, designs and layouts of structures and infrastructure;

      (7)   Provides a mechanism to relate the type, design and layout of proposed development to the specific characteristics of a particular parcel; and

      (8)   Encourages creative and site-sensitive developments by allowing increased overall density in exchange for planned mixed development pursuant to this chapter.

   (B)   Permitted uses.

      (1)   All planned mixed developments shall permit the following residential, community, institutional, commercial and tourism uses:

         (a)   Detached single-family dwellings;

         (b)   Two-family dwellings;

         (c)   Multi-family dwellings;

         (d)   Accessory buildings or uses;

         (e)   Recreation or park facilities;

         (f)   Retirement facilities;

         (g)   Municipal buildings or uses;

         (h)   Schools;

         (i)   Churches;

         (j)   Boat marinas;

         (k)   Hotels and other recreational tourism facilities;

         (l)   Retail stores;

         (m)   Personal services;

         (n)   Business and professional offices;

         (o)   Restaurants;

         (p)   Day care centers;

         (q)   Community walls; and

         (r)   Municipal service lots.

      (2)   Planned mixed developments comprising 50 acres or more may contain light industrial uses, as defined in § 151.056; provided, the industry, in no way, involves any junk or salvage operations, no open storage of junk or salvage materials, and that any noise, vibration, smoke, gas, fume, odor, dust, fire hazard, dangerous radiation or other injurious or obnoxious conditions related to the operation are not sufficient to create a nuisance beyond the premises.

   (C)   Standards.

      (1)   Planned mixed developments shall contain not less than 20 acres.

      (2)   Planned mixed developments shall be served by municipal water and sewer service.

      (3)   Allowable base residential density. Overall residential density shall not exceed eight dwelling units per acre dedicated to uses other than the commercial uses set forth in division (B)(2) above. This base residential density may be increased by the Town Council pursuant to the density bonus options contained in division (F) below.

      (4)   Conservation lands. Lands with the following characteristics shall not be developed and shall not be platted as part of a residential, community, institutional, commercial or light industrial lot within a planned mixed development: land within the 100-year floodplain; land with a natural slope in excess of 40%, as determined by standard slope computation methods; and nontidal wetlands. These lands shall be designated on the plat for conservation purposes. Conservation lands may be used in computing the allowable base residential density.

   (D)   Open space standards.

      (1)   Planned mixed developments shall reserve a minimum of 35% of the acreage of the parcel as dedicated natural open space.

      (2)   Up to 25% of this requirement may be satisfied with land covered by storm water detention or retention basins, if the Town Council determines that a water body or basin is suitable for the purposes set forth in division (A) above. The dedicated open space shall not be included in subdivision lots or in lot size calculations. Dedicated open space shall include the land necessary to provide access to the open space.

      (3)   Land characterized as conservation lands in division (C)(4) above may be used to fulfill the minimum dedicated natural open space requirement at the following ratio: one acre of conservation land may be applied to the natural open space requirement as one-half of an acre. A maximum of 50% of the total dedicated natural open space within a planned mixed development may be fulfilled with conservation lands.

      (4)   Dedicated open space shall have shape, dimension, character, location and topography to accomplish the open space purposes specified in division (A) above and to ensure appropriate public access.

      (5)   Dedicated open space land shall be shown on the preliminary planned mixed development plat and shall be labeled to specify that the land has been dedicated to open space purposes. The plat shall specify that the open space land shall not be further subdivided or developed and is permanently reserved for natural open space purposes.

      (6)   (a)   Dedicated open space may include the following public property at the town’s discretion:

            1.   Portions of Lake R.B. Russell;

            2.   Land designated as collar land or operational property controlled by the U.S. Army Corps of Engineers; and

            3.   Property designated as federal or state parks.

         (b)   Public property designated as dedicated open space shall be shown on the preliminary planned mixed development plat. No conveyance is required for public property; public property shall be maintained by the appropriate public agency.

      (7)   The open space shall be conveyed by the applicant as a condition of plat approval and may be conveyed by any of the following means as determined by the Town Council:

         (a)   Deeded in perpetuity to a governmental body;

         (b)   Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the Town Attorney. A copy of the proposed deed covenants shall be submitted with the application;

         (c)   Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for conservation purposes under terms and conditions that ensure the perpetual protection and management of the property for conservation purposes. A copy of the proposed deeds and relevant corporate documents of the land trust shall be submitted with the application; and

         (d)   Deeded to a property owner’s association within the development upon terms and conditions approved by the County Attorney that will ensure the continued use and management of the land for the intended purposes. The formation and incorporation by the applicant of one or more appropriate property owners’ associations shall be required prior to plat approval. A copy of the proposed property owner’s deed and the by-laws and other relevant documents of the property owner’s association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owner’s association.

            1.   Covenant providing for mandatory membership in the association and setting forth the owner’s rights, interests and privileges in the association and the common land must be included in the deed for each lot or unit.

            2.   The property owners’ association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities.

            3.   The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities.

            4.   The applicant shall maintain control of dedicated open land and be responsible for its maintenance until development sufficient to support the association has taken place.

      (8)   The applicant shall convey or restrict the open space land by a deed instrument reviewed and approved by the County Attorney to ensure that the land will be held and managed in perpetuity for open space purposes and shall not be further developed.

      (9)   Streets and other impervious surfaces shall be excluded from the calculation of the minimum dedicated open space requirement; however, lands occupied by bike paths, landscaped grounds or similar common recreational development (excluding tennis courts, golf courses and buildings) may be counted as dedicated natural open space; provided that, impervious surfaces constitute no more than 5% of the total required open space.

      (10)   Open space shall be permanently dedicated for one or more of the, following uses: natural resource conservation, wet land and water course preservation, selective forestry, wildlife habitat, undeveloped parkland or scenic preservation.

   (E)   Off-street parking.

      (1)   The number, design, location and construction of parking lots, bays, spaces and drives shall conform to the applicable requirements of this chapter.

      (2)   Parking areas shall be planted with trees a minimum of three inches in caliper measured six inches above ground level, so that there is at least one tree per ten parking spaces within the parking lot. The trees must be staked with two three-inch diameter stakes and protected by curbing against damage by vehicles. A minimum planting area, equivalent to 162 square feet per tree shall be provided.

      (3)   Parking areas shall have a landscaped island at each end of each row of vehicle spaces and an intermediate island for every 15 or fewer vehicle spaces. The planting islands shall be not less than nine feet wide in the direction parallel to the row and not less than 18 feet long in the direction perpendicular to the row. Each island shall have a suitable curb of stone or poured-in-place concrete, and shall be planted with grass or ground cover. All hydrants shall be located in the islands.

   (F)   Landscaping and screening.

      (1)   Screening of nonresidential uses. Nonresidential uses shall be screened from residential uses within and abutting the planned neighborhood development by a bufferyard 20 feet in width containing at least three canopy trees, six understory trees and nine shrubs per 100 feet of length along with perimeter of the lot line abutting a residential use.

      (2)   Screening along public roadways. Uses within a planned neighborhood development which abut an arterial or collector street shall be screened by a bufferyard of 20 feet in width containing at least five canopy trees, ten understory trees and 15 shrubs per 100 feet of frontage. Canopy trees shall be deciduous shade trees planted at three inches in caliper with a mature height of at least 35 feet. Understory trees shall be deciduous shade or fruit trees planted at two inches in caliper with a mature height of at least 12 feet.

      (3)   Existing vegetation. Notwithstanding any other provisions of this chapter, existing vegetation shall be retained and maintained to the extent feasible in order to permit existing vegetation to fulfill or contribute to buffer and screening requirements. In lieu of strict compliance with the above bufferyard requirements, a developer may submit a detailed landscaping plan which will afford a degree of buffering and screening comparable to that provided by these regulations making use of existing and new vegetation.

      (4)   Screening of refuse collection facilities. Uses within a planned neighborhood development shall provide secure, safe and sanitary facilities for the storage and pickup of refuse. The facilities shall be convenient to collection and shall be appropriate to the type and size of use being served. All refuse storage facilities shall be screened on three sides by a solid wooden fence or masonry wall and a tight evergreen hedge. The fourth side shall be angled to minimize the view of the refuse collection facility or shall be screened by an opaque gate made of durable materials. The screening shall be of sufficient height and design to effectively screen the facility from the view from nearby residential uses, streets, adjacent properties and recreational facilities.

   (G)   Density bonuses. A residential light industrial, or general commercial density bonus of up to 20% of the allowable base density may be approved in accordance with the following standards. Density bonuses may be granted at the discretion of the Town Council, if it finds that a proposed density bonus promotes the purposes of the planned mixed development.

      (1)   Dedicated open space. Increasing the dedicated natural open space within the parcel by a minimum of 10% of the gross acreage may qualify for a bonus of up to 5% above the allowable base density. Priority shall be given to protecting existing stands of mature trees.

      (2)   Bikeways/greenways. A system of bike paths and pedestrian greenways may qualify for a density bonus of up to 5% above the allowable base density. In order to qualify, the bike paths or greenways shall form an integrated system of access within the development and to principal off-site destinations.

      (3)   Walk-up housing. A dwelling unit located above the ground floor of a structure that contains a nonresidential use on the ground floor may be applied toward the allowable base density as one-half of a dwelling unit. A maximum of 5% of the total dwelling units within a planned mixed development located within a structure that also contains a nonresidential use on the ground floor may be applied at this one-half credit.

      (4)   Community and institutional uses.

         (a)   In a PMD with 50 or more resident units or lots, a governmental service lot may be designated and dedicated. The lot shall be the greater of one-half acre or 1% of the total acreage of the PMD. Provision of such a lot shall qualify for a density bonus of 1% of allowable base density.

         (b)   In a PMD with 75 or more residential units, a parcel may be designated, dedicated and developed for use as a day care center. This lot shall have a minimum of 100 square feet per residential unit within the PMD. Provision of such a facility shall qualify for a density bonus of 2%.

         (c)   In a PMD with 100 or more residential lots or units, a community hall may be constructed, with an enclosed area of no less than 25 square feet for each residential unit or lot. Provision of such a building shall qualify for a density bonus of 2%.

   (H)   Traffic improvements. When a proposed planned neighborhood development borders on an existing street whose right-of-way, traffic carrying capacity or sight lines are inadequate to safely and efficiently accommodate the traffic generated by the proposed development, the Town Council may require the applicant to dedicate land for needed realignments or widening and to undertake or fund the needed street improvements.

   (I)   Dimensional standards.

      (1)   Street setbacks. No structure shall be closer than 25 feet to a local street and no closer than 50 feet to any other street.

      (2)   Building separation. No structure under 30 feet in height shall be located within 15 feet of any other structure. Buildings higher than 30 feet shall be separated by a distance equivalent to 50% of the height of the tallest building.

      (3)   Height limits. The height limits within a planned mixed development shall be the same as the height limits set forth in this chapter for structures in the R-8 Residential District.

   (J)   Perimeter boundary.

      (1)   No portion of a building, structure or parking area shall be located within 55 feet of abutting property that is not part of the proposed planned mixed development.

      (2)   No portion of a nonresidential use, multi-family residential use, community use, institutional use or active recreational use shall be located within 110 feet of abutting property that is not part of the proposed planned mixed development.

      (3)   The minimum front yard requirement of the R-8 Zoning District shall apply for a minimum of 200 feet from the border of a planned mixed development and adjoining property that share footage on the same side of a street.

   (K)   Multi-family residential development standards.

      (1)   Multi-family. Multi-family housing shall be either townhouses or multiplexes.

      (2)   Townhouses. The maximum number of dwelling units permitted within a townhouse structure shall be eight. Townhouse structures shall be developed in compliance with the following requirements.

         (a)   There shall be no less than two parking spaces for each townhouse unit.

         (b)   Walkways of four feet in width, constructed of concrete or brick or similar material, shall be installed from parking areas to townhouse units served by the parking areas.

         (c)   Accessory buildings shall be limited to one enclosed storage shed not exceeding seven feet in height nor exceeding ten feet in length by ten feet in width.

         (d)   The facades of townhouse units shall have variation in materials and design so that abutting units will not have the same or essentially the same architectural treatment of facades and roof lines. Garages or carports shall not be allowed in front of townhouse units.

      (3)   Multiplexes. The maximum number of dwelling units permitted within a multiplex structure shall be four. Multiplex structures shall be developed in compliance with the following requirements.

         (a)   There shall be no less than two parking spaces for each unit.

         (b)   Walkways of four feet in width, constructed of concrete or brick or similar material, shall be installed from parking areas to multiplex units served by the parking areas.

         (c)   Accessory buildings shall be prohibited.

   (L)   Utilities. Utilities, such as electric transmission, cable television lines and telephone lines, serving the open space subdivision shall be installed underground unless the Town Council grants a waiver of this provision. The Town Council may grant a waiver if it finds that underground installation would be exceptionally difficult due to unusual subsurface conditions or topographic conditions that are not generally found on other property in the area and granting the waiver will not have a significant adverse effect on adjacent property.

   (M)   Accessory structures. Accessory structures shall not be located in any front yard or within five feet of any be located within any front other structure.

   (N)   Neighborhood recreational uses. A minimum of 335 square feet for each residential unit shall be dedicated and developed for neighborhood recreational use to serve the recreational demands generated by the planned neighborhood development. This may be derived from existing park and recreational facilities currently within the boundaries of the PMD District.

   (O)   Commercial and light industrial uses development standards.

      (1)   Commercial and light industrial uses are defined in §§ 151.054 and 151.056, respectively.

      (2)   The land dedicated to commercial and light industrial uses shall not exceed 60% of the total acreage of the PMD district.

      (3)   Commercial and light industrial uses shall be designed and located with the intention of promoting the overall economic development of the town as well as serving the immediate needs of residents within and adjacent to the PMD district.

   (P)   Appearance review.

      (1)   Appearance review in conformity herewith shall be required for all proposed light industrial commercial, community, institutional or residential development within a planned mixed development to ensure conformity with the appearance standards.

      (2)   Compliance with the requirements for appearance review shall be required in addition to all other requirements.

      (3)   Appearance review will occur after rezoning, not as an element of rezoning.

   (Q)   Definitions for this section. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      COMMUNITY HALL. A structure designed and constructed for civic uses and shall include a community meeting room, a library annex, space dedicated to historical or cultural displays or uses, athletic or exercise facilities or uses deemed by the Commission to be similar in intent and function with this section.

      NEIGHBORHOOD RECREATION USE. This term shall include basketball courts, tennis courts, playgrounds, tot lots, picnic areas and the like.

      NONTIDAL WETLANDS. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to 33 U.S.C. § 1344 of the Clean Water Act as amended.

      PLANNED MIXED DEVELOPMENT. Used in two contexts. Depending upon the context, PLANNED MIXED DEVELOPMENT refers to the development authorized by this chapter or a project which is proposed for consideration under this chapter.

      PLANNED NEIGHBORHOOD DEVELOPMENT. Used in two contexts. Depending upon the context, PLANNED NEIGHBORHOOD DEVELOPMENT refers to the development authorized by this chapter or a project which is proposed for consideration under this chapter.

(Ord. 97-04, passed 12-19-1996)

   (A)   Purpose.

      (1)   The purpose of this chapter is:

         (a)   To protect, preserve and enhance the distinctive architectural heritage of the town;

         (b)   To promote the educational, cultural, economic and general welfare of the people of the town;

         (c)   To foster civic pride;

         (d)   To ensure harmonious, orderly and efficient growth and development of the town;

         (e)   To strengthen the local economy; and

         (f)   To stabilize and improve property values.

      (2)   It is the hope of the Town Council that by encouraging a general harmony of style, form, color, proportion, texture and material between buildings of historic design and those of contemporary design, it will be possible for the town’s historic landmarks and districts to continue to be a distinctive aspect of the town and to serve as visible reminders of the significant historical and cultural heritage of the town and the state.

   (B)   Historic Landmarks Commission.

      (1)   Creation. In order to implement the provisions of this chapter, there is hereby established the Historic Landmarks Commission, hereinafter referred to as the “Commission”, consisting of seven residents of the town.

      (2)   Appointment. Members of the Commission shall be appointed by the Town Council. Membership of the Commission will consist of citizens with a demonstrated interest in historic preservation and who are able to prepare for and attend meetings. It shall be the policy of the Town Council to seek citizens for appointment to the Commission who have either educational backgrounds or work experience involving architecture, history, planning, engineering, law, banking or real estate. Further rules of procedure and appointment for the Commission are included with the Rules of Procedure included in Hisotric Preservation Ordinance guidelines as recommended in the Comprehensive Planning Guide for local governments and are incorporated here within.

      (3)   Duties and powers, general. It shall be the duty of the Commission to promote the purposes and objectives of this chapter and to review plans and applications, as hereinafter provided, for all construction within historic districts or pertaining to duly designated historic landmarks, including both modifications to existing buildings, demolitions and construction to new buildings. The Commission shall have the power to approve or deny approval of the applications in accordance to prescribed procedures and guidelines.

   (C)   Meetings rules and records. The Commission shall promulgate and the Town Council shall approve regulations for meeting and records of the Commission. These rules are attached as part of Appendix A of this chapter.

   (D)   Survey and inventory of historic properties. The Commission may authorize an ongoing survey and inventory of historic properties; provided, the survey is conducted in accordance with professional standards and under the qualified supervision of the State Historic Preservation Office. The survey shall follow procedures described in The South Carolina Historic Preservation Program: Survey Manual.

   (E)   Jurisdiction of the Historic Landmarks Commission.

      (1)   Jurisdiction. The jurisdiction of the Commission to review proposed alterations to exteriors and buildings, new construction and demolition shall be the following:

         (a)   A distance of 500 feet from the property line of a building or areas within the zoning authority of the town which have been accepted to the National Register of Historic Places kept by the U.S. Department of the Interior;

         (b)   A distance of 500 feet from the property line of buildings or groups of buildings within the zoning authority of the town which have been designated a local historic landmark by the Town Council upon the recommendation of the Commission; and

         (c)   Areas within the zoning authority of the town which have been designated a historic district by the Town Council upon the recommendation of the Commission.

      (2)   Designation of historic landmarks and Historic Districts.

         (a)   The Commission may recommend to the Town Council the designation as a historic landmark or as a historic district any individual building, group of buildings or sites it deems to be important to the history, culture and heritage of the people and the town.

         (b)   When considering whether a building, structure, site, object or district should be designated historic by the Town Council, the following criteria should be considered:

            1.   It is associated with events that have made a significant contribution to the broad patterns of the town’s history;

            2.   It is associated with the lives of persons significant in the town’s past;

            3.   It embodies the distinctive characteristics of the type, period or method of construction, that represents the work of a master, that possesses high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction;

            4.   It has yielded, or may be likely to yield, information important in prehistory or history; and/or

            5.   It is important in preserving areas which embody physical resources of unique value in the cultural development of the community.

      (3)   Action by Town Council. Designation as a Historic Landmark or Historic District or the expansion of a historic district shall not become effective until officially adopted by the Town Council. Owners of properties proposed to be designated historic shall be notified in writing 30 days prior to consideration by Town Council. Owners may appear before the Council to voice approval or opposition to the designation.

      (4)   Identification on Zoning Map. Any national register landmark, locally designated landmark or historic district shall be superimposed on the Zoning Map of the town. The boundaries of any Historic District designated by the Town Council shall be clearly shown on the zoning map.

      (5)   Appeal. Any property owner may appeal the decision of the Town Council before the courts of the state.

   (F)   Nominations to national register of historic places.

      (1)   The Commission may designate and recommend the nomination of buildings, structures, sites objects or districts to the National Register of Historic Places. When considering whether a building, structure site, object or district should be nominated, the Commission should apply the following national register criteria.

      (2)   The quality of significance in American history, architecture, archeology engineering and culture is present in districts, sites, buildings, structures and objects that possess integrity of location design setting, materials, workmanship, feeling and association:

         (a)   Are associated with events that have made a significant contribution to the broad patterns of the town’s history;

         (b)   Are associated with the lives of persons significant in the town’s past;

         (c)   Embody the distinctive characteristics of a type, period or method of construction, that represent the work of a master, that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction; or

         (d)   Have yielded, or may be likely to yield, information important in prehistory or history.

      (3)   The Commission shall conduct first review and evaluation of all proposed national register nominations within its jurisdiction, including any which may have been submitted to the State Historic Preservation Office, and shall forward all reviewed nominations to the SHPO with recommendations for consideration by the State Board of Review. Property owners will be notified when their property is being nominated to the national register and that there will be public notification for all nominations to be considered by the Commission. The Commission shall not have the authority to nominate properties directly to the national register; only the State Board of Review shall have this final review authority.

   (G)   Permitted uses.

      (1)   Permitted uses. All uses permitted by the town, either by right or as a special use, shall be permitted in areas designated historic by the Town Council in accordance with provisions of this chapter, adopted by the Town Council.

      (2)   Dimensional regulations. Structures designated historic by the County Council shall observe the dimensional and other regulations provided for in this chapter.

   (H)   Maintenance and repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of structures designated as historic which does not involve a change in design, material, color or outer appearance thereof, nor to prevent the construction, reconstruction, alteration or demolition of any feature which the Building Inspector or similar official shall certify is required for the public safety because of an unsafe or dangerous condition.

   (I)   Certificate of appropriateness.

      (1)   General. Prior to any demolition, new construction, alteration, modification or addition to a designated historic landmark or within an area designated as a historic district by the Town Council, a certificate of appropriateness from the Historic Landmarks Commission shall be required. The town shall require a certificate of appropriateness to be issued by the Commission prior to the issuance of a building permit for the purposes of construction, alteration, moving or demolition for property affected by this chapter. Any building permit or other permit not issued in conformity with this section shall be considered void.

      (2)   Interior alterations to structures. The Commission shall not consider interior arrangement or any alteration to the interior of any structure designated as historic.

      (3)   Requirements of public utilities. All governments and public utility companies shall be required to obtain approval from the Commission in accordance with this chapter prior to initiating any changes in the character of street paving sidewalks, trees, utility installations, lighting, walls, fences, structures and buildings on property designated historic by the Town Council.

      (4)   Contents of application and procedure. The Commission shall, by uniform rule in its rules of procedure, require data as are reasonably necessary to determine the nature of the application and establish a procedure for considering this application. These procedures are attached as an amendment and incorporated here within.

      (5)   Substantial hardship. In the event an application for a certificate of appropriateness is denied, the property owner may apply for an exception based on the substantial hardship of maintaining the property according to the Commission’s guidelines. Substantial hardship is to be considered by the Commission where there are unusual and compelling circumstances, such as:

         (a)   The property has little or no historic value;

         (b)   The property cannot be reasonably maintained in the manner dictated by this chapter;

         (c)   There is no other reasonable means of saving the property from deterioration or collapse; or

         (d)   The property is owned by a nonprofit organization and it is not financially or physically feasible to achieve the charitable purposes of the organization.

   (J)   Review criteria.

      (1)   Intent. It is the intent of this section to ensure, insofar as possible, that buildings or structures designated as historic shall be in harmony with the architectural and historical character of the town. In granting a certificate of appropriateness, the Commission shall take into account the architectural or historical significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure as well as the effect of the change or additions upon other structures in the vicinity.

      (2)   Demolition.

         (a)   No building or structure designated as historic shall be demolished or otherwise removed until the owner thereof has received a certificate of appropriateness from the Commission. The Commission may delay the granting of the certificate of appropriateness for a period of up to 180 days from the time of the filing of the application with the designated official. The Commission may extend this postponement for a certificate of appropriateness with regards to a request to demolish a structure for another 180 days after a finding by the Commission that the structure is of extreme historical importance to the people of the town.

         (b)   Within the period of postponement of the demolition of any building, the Commission shall take steps to ascertain what can be done to preserve the buildings. The steps shall include, but will not be limited to, consultation with civic groups, interested citizens and public boards and agencies.

         (c)   After the postponement period has elapsed and the Commission has been unable to determine an adequate alternative to demolition, the certificate of appropriateness shall be granted. If the Commission finds that a building proposed for demolition is of no particular historical significance or value towards maintaining the historical character of the town, it may issue the certificate of appropriateness in the normal manner.

      (3)   Alteration, repair or restoration. When considering an application for a certificate of appropriateness for alteration, repair or restoration, the Commission shall use the Secretary of the Interior’s Standards for Rehabilitation as guidelines in making its decisions. These guidelines are to serve as the basis for determining the approval, approval with modification or denial of certificate of appropriateness. These guidelines are attached and incorporated into this chapter.

   (K)   Specific guidelines; new construction. In considering an application for a certificate of appropriateness, the character of the property, neighborhood or environment must be received in accordance with guidelines established in the rules of procedure for the Town Historic Landmarks Commission, which is attached as Historic Preservation Ordinance guidelines as recommended in the Comprehensive Planning Guide for local governments.

   (L)   Appeal of a decision of the Commission.

      (1)   Pursuant to the S.C. Code § 5-23-240, no suit shall be brought against the Historic Landmarks Commission or the town and not against any individual Commission member, it shall be dismissed as to a board member.

      (2)   Any persons or any officer, department or board aggrieved by any final decision of the Commission must follow procedures for appeal as outlined in S.C. Code § 5-23-340.

(Ord. 97-04, passed 12-19-1996)