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Conway City Zoning Code

§ 190-29.1

Parkway Protection Overlay District.

[Added 4-9-2024 ATM by Art. 14]
Purpose and intent. The Parkway Protection Overlay District (PPO) is primarily designed to preserve scenic parkways, including but not limited to the North-South Road. Land uses permitted in this district are represented in the Permitted Use Table.
A. 
District boundaries.
(1) 
The PPO District shall be comprised of a 250-foot protective buffer from the centerline of any parkway, designated by the Board of Selectmen, extending on both sides of the road.
(2) 
District map. The PPO District Map is included as an attachment to this chapter.[1]
[1]
Editor's Note: See Ch. 110, Site Plan Review.
B. 
Definition:
PARKWAY
A landscaped thoroughfare, most commonly a road or portion of a road with no curb cut and or crossroad access, that has a protected vegetated buffer along either side for the purpose of maintaining scenic beauty. Vehicles with more than two axles are prohibited from driving on parkways.
C. 
Restrictions:
(1) 
Within the PPO District, no cutting of trees or land disturbance is permitted. A special exception may be granted for the cutting of trees which are deemed hazardous. No approval for a special exception under this section shall be granted unless the ZBA makes a finding that the removal trees or vegetation is necessary to prevent a hazard to life or safety.
(2) 
Prior to development or redevelopment of a parcel which contains any portion of the PPO District, the entirety of the overlay within that parcel shall be deed restricted as open space. The deed must indicate a vegetative buffer be established and maintained; and no disturbance, development, or alteration of terrain be permitted within the district.
(3) 
Previously disturbed areas within the PPO District shall be restored with adequate trees and vegetation to fully screen any proposed development within a parcel containing any portion of the overlay.
(4) 
No curb-cut or driveway shall be created onto a designated parkway.
(5) 
Nonconforming uses. A pre-existing use which is nonconforming with respect to the protective PPO District restrictions shall not be entitled to the same rights as are established in § 190-30A. The nonconforming use shall be eliminated or changed to a conforming use which improves the vegetated buffer prior to any redevelopment of a parcel within the PPO District.