(a)

Statement of intent. This district is comprised of portions of the town which are primarily rural in character. It is the area of transition between agricultural, open space and orderly residential development. While containing low-density residential and active farms, this district is established to provide for rural uses, natural resources and environmental quality. Preservation of land in this district is encouraged through land use taxation.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

(c)

Height regulations. Buildings may be erected up to three (3) stories in height.

(d)

Area regulations. The minimum lot area for permitted uses shall be three (3) acres.

(e)

Setback regulations. The setback line shall be located sixty (60) feet from all street right-of-way lines. In the case of a corner lot, no structure shall be located closer than sixty (60) feet from the right-of-way of the side street.

(f)

Each main structure shall have a minimum side yard of twenty-five (25) feet.

(g)

Each main structure shall have a minimum rear yard of forty (40) feet.

(Ord. No. O-2011-010, 12-13-11; Ord. No. O-2013-009, 11-12-13; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The residential estates district is composed of only low-density residences. The lots tend to be one (1) acre or more, streets are frequently private in nature with little external traffic. Agriculture is permitted as it enhances the open area.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the residential estates zoning district classification:

(c)

Height regulations. Buildings may be erected up to three (3) stories in height.

(d)

Area regulations.

(1)

The minimum lot size shall be one (1) acre. Town of Culpeper and Virginia Department of Highways and Transportation rural drainage design shall be permitted.

(2)

The use of individual wells or sewage disposal systems shall be governed by ordinance and, if permitted, must be approved by the county health department. The minimum area for any such use shall be one (1) acre or more as required by the county health department.

(3)

The minimum lot width shall be one hundred fifty (150) feet at the setback line.

(4)

Each main structure shall have a minimum side yard of twenty-five (25) feet.

(5)

Each main structure shall have a minimum rear yard of forty (40) feet.

(e)

Setback regulations. The setback line shall be located sixty (60) feet from all street right-of-way lines. In the case of a comer lot, no structure shall be located closer than sixty (60) feet from the right-of-way line of the side street.

(f)

Where a lot has less area and less width than required in this chapter and was recorded under one (1) ownership prior to March 7, 1978, such lot shall be considered to be a conforming lot; provided, the following requirements can be met:

(1)

Setback, thirty (30) feet.

(2)

Side yard, ten (10) feet; twenty (20) feet from right-of-way of side street.

(3)

Rear yard, twenty-five (25) feet.

(Ord. of 5-8-01; Ord. of 6-12-07; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The R-1 district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children and to restrict all activities of a commercial nature. Further, the regulations of this district are to provide attractive, safe and convenient neighborhoods. To these ends, development is limited to relatively low concentration, and permitted uses are limited basically to single-unit dwellings providing homes for the residents plus certain additional uses such as schools, parks, religious institutions and certain public facilities that serve the residents of the district.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the residential district 1 zoning district classification:

(1)

Family day homes for up to twelve (12) children shall be subject to the following requirements and performance standards:

a.

A sketch plan depicting the entire lot to scale, setbacks, pathway to door of facility, drop off and pick-up stations, location of any permanent in-ground play equipment, the size and location of the required outdoor play area and required fence.

b.

As required by Code of Virginia, § 15.2-2292, upon receipt of an application by a family day home, the zoning administrator shall send notice by registered or certified letter to the last known address of each adjacent property owner. If the zoning administrator receives no written objection from a person so notified within thirty (30) days of the date of sending the letter and determines the family day home otherwise complies with the provisions of the ordinance from which this section was derived, the zoning administrator shall issue the permit.

c.

Any family day home application that does not meet one (1) or more of the below standards or is denied a permit through the administrative process described above, may apply for a conditional use permit subject to standards below as modified by the town council.

1.

The family day home application shall comply with any and all requirements of the town, county and state codes, including obtaining a zoning permit, business license, building code, and obtaining a state family day home license in accordance with the Virginia Department of Social Services.

2.

The family day home lot must be at least six thousand (6,000) square feet in size.

3.

There shall be no more than two (2) employees for a family day home. The applicant shall demonstrate availability of employee parking on-site or along the street.

4.

Child drop off and pick up locations shall be designated to enhance the safety of children as they arrive and depart. A designated arrival and departure zone shall be located adjacent to the family day home center in such a manner that children do not have to cross a street to enter or exit the home.

5.

Family day homes shall stagger pick up and drop off times such that there are never more than two (2) vehicles picking up or dropping off at one (1) time.

6.

There shall be no change in the outside appearance of the family day home or lot nor other visible evidence of the conduct of a family day home other than what may be required by the state family day home license or provisions elsewhere in this chapter.

7.

Business vehicles: Only one (1) vehicle used in connection with a family day home shall be permitted.

8.

Seventy-five (75) square feet of outdoor play area must be provided on-site per child except as follows: No outdoor play area shall be required on-site when the applicant can demonstrate the family day home is located within one thousand (1,000) feet of an existing park or play lot that is at least twice the area otherwise required for the home care service. The park or play lot must be public or owned by the homeowners association to which the residence belongs and must be accessed without crossing an arterial or collector road. The outdoor play area must be shown on a plat to scale submitted at the time of application for the zoning permit.

9.

Fencing: Outdoor play areas must be enclosed by a fence with a minimum height of four (4) feet.

10.

Play equipment location: No play equipment shall be located within the required yard setbacks.

11.

Pathway to facility: There must be a continuous hard-surface pathway or sidewalk connecting the drop-off and pick-up location to the entrance to the family day home. The pathway shall be kept free of any snow or ice.

(2)

Public utilities and services shall provide an exterior appearance in keeping with the character of the neighborhood in which it is located.

(c)

Height regulations. Buildings may be erected up to three (3) stories in height.

(d)

Area regulations.

(1)

The minimum lot size shall be ten thousand (10,000) square feet.

(2)

The use of individual wells or sewage disposal systems shall be governed by ordinance and, if permitted, must be approved by the county health department. The minimum area for any such use shall be one (1) acre or more as required by the county health department.

(3)

The minimum lot width at the setback line shall be eighty (80) feet.

(4)

Each main structure shall have a minimum side yard of ten (10) feet.

(5)

Each main structure shall have a minimum rear yard of twenty-five (25) feet.

(e)

Setback regulations. The setback line in an R-1 district shall be located a minimum of ten (10) feet from all street right-of-way lines provided adequate site distance is maintained. In the case of a corner lot, no structure shall be located closer than fifteen (15) feet from the right-of-way line of the side street.

(f)

Where a lot has less area and less width than required in this chapter, was recorded as a buildable lot and under one (1) ownership prior to October 7, 1969, such lot shall be considered to be a confirming lot.

(Ord. of 5-8-01; Ord. of 6-12-07; Ord. No. O-2011-007, 11-8-11; Ord. No. O-2013-009, 11-12-13; Ord. of 12-9-14; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The R-2 district is composed of certain quiet, residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children and to restrict activities of a commercial nature. Further, the regulations of this district are to provide attractive, safe and convenient neighborhoods. To these ends, development is limited to single-family dwellings and restricted multifamily dwellings, plus additional uses as specified.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the Residential-2 zoning district classification:

(1)

Townhouses, with the following requirements that are in addition to the subdivision requirements which also apply to townhouse developments:

a.

Overall design and objective: The townhouse style of development shall promote public health, safety, and welfare by providing attractive, safe, and convenient neighborhoods within the town. The following standards shall implement the objectives of the comprehensive plan, provide private streets, common usable open space, landscaping, preservation of environmentally sensitive lands, and amenities that benefit residents.

b.

Minimum site for townhouse developments shall be three (3) acres. There shall be no more than four (4) contiguous units.

c.

Common open space requirements:

1.

One thousand (1,000) square feet of open space for park and recreation shall be allotted for each townhouse unit. One thousand (1,000) square feet per lot, or twenty (20) percent of the entire tract, whichever is more, of common usable open space for park and recreation use shall be provided for each dwelling unit within the subdivision. Streets may not be counted towards common open space for park and recreation use.

2.

Common open space shall be landscaped. A landscaping plan, which complies with article VI of this chapter, shall be provided. Open space areas such as streams and environmentally sensitive areas shall provide places for recreation and enjoying the outdoors. These areas shall be integral to the design of the townhouse development and physically connected or connected by paved walking trails and/or sidewalks.

3.

Recreation amenities, which cost at least eight hundred sixty dollars ($860.00) (in 2017 dollars) per subdivided lot shall be placed on the common open space. The amenities may be passive or active recreation facilities.

4.

Open space may be either dedicated to the town or remain in control of the development through homeowners covenants approved by the town council.

d.

Streets and public utilities. All units shall have vehicular access from a private street. Notwithstanding section 3.310(k) of the town's facilities standards manual, private alleyways, access ways, and parking lots shall also be permitted pursuant to the town's facilities standards manual. Private streets and utilities shall be designed and built or installed in accordance with town requirements and standards. Utilities shall be located in the rear yard if the front setback of the townhouse unit is less than ten (10) feet. Sidewalks shall be provided on both sides of the street.

e.

Flexibility in administration. In any townhouse subdivision, select five (5) of the following design criteria, which are required to be listed on the site plan:

1.

No windowless walls shall be allowed within the subdivision. At least twenty (20) percent of the front of the dwelling shall be made up of windows or door openings. At least ten (10) percent of the sides of the dwelling shall be made up of window or door openings. Roofs, gables, and foundations shall not be included in determining the area of the front or side of the dwelling.

2.

Varying rooflines, multiple unit windows, bay windows, cornices or dormers shall be employed.

3.

Side entryways, recessed entryways, stoops and porches shall be employed.

4.

Exterior building materials, such as partial brick veneer or stone shall be required to ensure architectural quality and distinction. A full brick facade may be used to satisfy this requirement.

5.

Painted metal fencing and landscaped hedges to define entryways and along all streets.

6.

Significant rear yard landscaping acceptable to the zoning administrator, which costs at least five hundred forty dollars ($540.00) (in 2017 dollars) per subdivided lot and custom fencing for all units.

7.

Entrance features and other internal features, which provide a distinctive community identify (mailboxes, street name, and parking signs).

8.

Textured sidewalks, such as brick or cobblestone.

f.

Homeowners covenants. For all commonly owned areas, such as undedicated streets, parking areas, open spaces and recreation areas, a homeowner's corporation will be created. The owner/developer shall present to the town council for approval of such plans, agreements, bonds, rules and regulations, bylaws and covenants as are required to ensure proper maintenance and control of all common areas. Covenants shall provide that assessments, charges and costs for maintenance of access roads and walks, whether made by the corporate ownership or the town, shall constitute a pro rata lien upon the individual lots of the subdivision, second only to taxes and any bona fide duly recorded first trust lien on each lot.

(2)

Village house, subject to the following requirements:

a.

Overall design: The village house style of development allows smaller lot sizes than what is permitted in the R-2 zoning district classification, subject to implementing smart growth principles which create healthy, walkable, living communities. In exchange for reduced minimum lot sizes and area requirements, the development shall provide common usable open space, landscaping, preservation of environmentally sensitive lands and amenities that benefit residents of the subdivision. In exchange for reductions in setback, the applicant shall supply amenities, which are beyond ordinance requirements. The overall design shall be consistent with one (1) of the attached schematic layouts.

b.

Minimum pre-subdivision area: Minimum site for a village house development shall be five (5) acres.

c.

Maximum density: The number of dwelling units on each subdivided lot shall be limited to one (1).

d.

Open space requirements:

1.

One thousand (1,000) square feet per lot, or twenty (20) percent of entire tract, whichever is more, of common usable open space for park and recreation use shall be provided for each dwelling unit within the subdivision. Open space shall be placed under the ownership, maintenance and control of a homeowners association. Common open space shall be landscaped. Open space areas like streams and environmentally sensitive areas shall provide places for recreation and enjoying the outdoors. These areas shall be integral to the design of the village house development and physically connected or connected by pedestrian systems. Streets, as required under subsection e. below, shall not be counted towards usable open space for park and recreation use under this paragraph; required landscape buffers for vegetative screening between adjacent properties shall not count toward required usable open space;

2.

Active recreation facilities which cost at least eight hundred sixty dollars ($860.00) (in 2017 dollars) per subdivided lot shall be placed on the common usable open space;

3.

Sidewalks shall be provided on both sides of all streets. An off-street pedestrian system shall be provided in common usable open space, which provides safe and convenient access to active recreational facilities and/or areas.

e.

Streets and public utilities. All streets and utilities shall be designed in accordance with the facilities standards manual.

f.

Landscaping. A landscaping plan, which complies with article VI of this chapter, shall be provided. In addition, trees and shrubs shall be provided in all front and side yards to increase the aesthetic appeal of the village house development, to provide shade, and to provide reasonable privacy between units. Such landscaping shall be shown on the required landscaping plan.

g.

In any village house subdivision, the following design criteria must also be met.

1.

Application of sod to visible portions of front and side yards.

2.

No windowless walls within the subdivision: At least twenty (20) percent of the front of the dwelling shall be made up of windows or door openings. At least ten (10) percent of the sides of the dwelling shall be made up of window or door openings. At least ten (10) percent of the sides of the dwelling shall be made up of window or door openings. Roofs, gables, and foundations shall not be included in determining the area of the front or side of the dwelling.

3.

Installation of large four-inch caliper street trees.

h.

Homeowners covenants. A homeowners association shall be created to own, maintain and control all common areas required under this section. The developer shall submit documents to demonstrate that the common open space will be properly maintained and controlled. Such documents shall include a provision that assessments, charges and costs for maintenance of said common space shall constitute a pro rata lien upon the individual lots of the subdivision, second only to taxes and any bona fide duly recorded first trust lien on each lot.

(3)

Bed and breakfast and tourist homes, provided that the following requirements are met:

a.

The owner and family must own the business and reside on the property or on an adjoining property.

b.

The single-family dwelling appearance be maintained.

c.

Off-street parking provided to the rear of the front setback of the dwelling and in compliance with article VIII of this chapter.

d.

A sign no larger than one (1) foot by two (2) feet be permitted.

e.

The number of room accommodations shall be subject to approval by the planning commission and town council.

(4)

Family day homes subject to section 27-52(b)(1) of this article.

(c)

Height regulations. Buildings may be erected up to a maximum height of three (3) stories.

(d)

Area regulations. The following area regulations shall apply as minimums for developments in this district:

(e)

Setback regulations. The setback line shall be located a minimum of ten (10) feet from all street rights-of-way provided adequate site distance is maintained. In the case of a corner lot, no structure shall be located closer than fifteen (15) feet from the right-of-way of the side street. In any townhouse subdivision, no minimum setback line is required.

(f)

Where a lot has less area and less width than required in this chapter and was recorded under one (1) ownership prior to March 7, 1968, such lot may be occupied by a single-family dwelling. Such lot recorded under one (1) ownership on March 7, 1968, shall conform to the following setback, side yard and rear yard requirements:

(1)

Setback, fifteen (15) feet.

(2)

Side yard, six (6) feet; fifteen (15) feet from right-of-way of side street.

(3)

Rear yard, twenty-five (25) feet.

(Ord. of 5-8-01; Ord. of 8-12-03; Ord. of 12-9-03; Ord. of 1-13-04; Ord. of 9-14-04; Ord. of 6-12-07; Ord. No. O-2011-007, 11-8-11; Ord. of 12-9-14; Ord. No. O-2016-006, § 1, 12-13-16; Ord. No. O-2018-001, § 1, 2-13-18; Ord. No. O-2025-001, § 1, 2-13-25)

(a)

Statement of intent. The R-3 district is composed of medium to high residential uses, plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life and to permit certain professional uses of a character unlikely to develop general concentration of traffic and crowds of customers. To these ends, retail activity is sharply limited, and this district is protected against encroachment of commercial or industrial uses. Residential types of structures including institutions are permitted, plus structures for professional uses conforming to the pattern of the district.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

(c)

Conditional uses.

(1)

Structures or buildings over three (3) stories, subject to the applicant providing the following:

a.

Narrative or other descriptive illustrations to ensure the building(s) are compatible with the surrounding neighborhood;

b.

A plan indicating that increased buffering and landscaping features will be installed;

c.

Commitment to use quality building materials, such as brick or stone facades;

d.

Provide visual representation showing that the proposed building(s) will facilitate the creation of a convenient, attractive, and harmonious community;

e.

The provision of public amenities, such as transportation improvements, bike rack, pedestrian plaza, etc.; and

f.

Any other design, feature, or amenity that promotes health, safety, and general welfare of the occupants and the citizens of the community.

(d)

Height regulations. Buildings may be erected up to a maximum height of three (3) stories.

(e)

Area regulations. The following area regulations shall apply as minimums for development in this district:

(f)

Setback regulations. The setback line shall be located a minimum of ten (10) feet from all street rights-of-way provided adequate site distance is maintained. In the case of a comer lot, no structure shall be located closer than fifteen (15) feet from the right-of-way line of the side street. In any townhouse subdivision, no minimum setback line is required.

(g)

Where a lot has less area and less width than required in this chapter and was recorded under one (1) ownership prior to March 7, 1978, such lot may be occupied by a single-family dwelling. Such lot recorded under one (1) ownership on March 7, 1978, may also conform to the following setback side yard and rear yard requirements.

(1)

Setback, fifteen (15) feet.

(2)

Side yard, eight (8) feet; fifteen (15) feet from right-of-way of side street.

(3)

Rear yard, twenty-five (25) feet.

(Ord. of 5-8-01; Ord. of 6-12-07; Ord. of 3-8-11; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The R-MHP district is established to provide for mobile home parks, to allow other selected uses which are compatible with the residential character of the district and otherwise to implement the stated purpose and intent of this chapter. The R-MHP district is the only district where mobile homes are authorized for dwelling purposes.

(b)

Permitted use. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

(c)

Area regulations.

(1)

Minimum area. The minimum area for each mobile home park shall be ten (10) acres.

(2)

Density. The maximum density shall be seven (7) mobile home lots per acre.

(3)

Lot area. The minimum lot area for an individual mobile home lot shall be four thousand (4,000) square feet.

(4)

Lot width. The minimum lot width shall be forty (40) feet.

(5)

Open space. Twenty (20) percent of each mobile home park shall be provided for park or playground space, specifically and exclusively for that purpose.

(d)

Setback and side yard regulations.

(1)

No lots in the mobile home park shall be closer than twenty-five (25) feet to any public street right-of-way line and other zoning district boundary line(s).

(2)

For lots within the mobile home park, the following regulations shall apply:

a.

Front setback from private street, twenty (20) feet from right-of-way line;

b.

Rear setback, ten (10) feet from rear lot line;

c.

Side yards, six (6) feet.

(Ord. of 5-8-01; Ord. of 6-12-07; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The C-1 district covers that portion of the business community that is intended for the conduct of local, neighborhood business. The districts are characterized by a mixture of residential and commercial uses with an emphasis architecturally upon maintaining a residential appearance. To that end, individual businesses are limited to three thousand (3,000) square feet of floor space.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the Commercial-1 zoning district classification:

(1)

Duplex, townhouse and village house developments shall be subject to the same restrictions as noted in section 27-53.

(2)

Retail stores and shops; convenience stores not to exceed three thousand (3,000) square feet of floor space.

(3)

Motor vehicle fuel station, provided:

a.

Gasoline service is an ancillary part of the main business of the property.

b.

Storage tanks are installed underground.

c.

Gasoline pumps be located twenty (20) feet from all street right-of-way lines.

(4)

Crematoriums, provided:

a.

Crematorium is an accessory use to the operation of a funeral home or animal hospital.

b.

Evidence is required which indicates that the operator of a crematorium is a trained operator.

(5)

Structures or buildings up to a maximum height of four (4) stories, subject to the applicant providing the following:

a.

Narrative or other descriptive illustrations to ensure the building(s) are compatible with the surrounding neighborhood;

b.

A plan indicating that increased buffering and landscaping features will be installed;

c.

Commitment to use quality building materials, such as brick or stone facades;

d.

Provide visual representation showing that the proposed building(s) will facilitate the creation of a convenient, attractive, and harmonious community;

e.

The provision of public amenities, such as transportation improvements, bike rack, pedestrian plaza, etc.; and

f.

Any other design, feature, or amenity that promotes health, safety, and general welfare of the occupants and the citizens of the community.

(6)

Boardinghouses, subject to the following conditions:

a.

Twenty-four-hour on-site management must be provided, including a manager who shall reside in a room within the facility. The manager shall have authority to enforce all rules and regulations as set forth by the property owner and established as part of the conditional use permit. The name and contact information of manager shall be provided to the department of planning and community development and the police department. Property owner shall notify the town of any changes in management by the next business day.

b.

The building must receive a new certificate of occupancy permit due to the change in use under the building code.

c.

Any violation of the Virginia Maintenance Code relating to the boardinghouse use or any violation of the town code will be grounds for revocation of the conditional use permit.

d.

Every living room shall contain at least one hundred twenty (120) square feet and every bedroom shall contain at least seventy (70) square feet and every bedroom occupied by more than one (1) person shall contain at least fifty (50) square feet of floor area for each occupant thereof.

e.

The conditional use permit allows the town to inspect the interior of the house to determine compliance with the permit. Inspections must be upon reasonable notice and occur during normal business hours.

f.

Notwithstanding any other provision in this chapter, the minimum and maximum parking requirements shall be as follows:

(7)

Family day homes subject to section 27-52(b)(1) of this article.

(c)

Height regulations. Buildings may be erected up to a maximum of three (3) stories.

(d)

Area regulations. The following area regulations shall apply as minimums for development in this district:

(e)

Setback regulations. The setback line for lots in a C-1 district shall be located a minimum of ten (10) feet from all street right-of-way lines provided adequate site distance is maintained. In the case of a corner lot, no structure shall be located closer than fifteen (15) feet from the street right-of-way lines of the side street. In any village house subdivision, the setback line shall be twenty (20) feet from any street right-of-way.

(Ord. of 5-8-01; Ord. No. O-2006-004, 1-10-06; Ord. of 6-12-07; Ord. of 3-8-11; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The C-2 district covers that portion of the community intended for the conduct of centralized general business to which the public requires direct and frequent access and is characterized by constant heavy traffic, noise of congestion of people and passenger vehicles and by large office buildings and retail establishments.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the Commercial-2 zoning district classification:

(1)

Machinery sales and services; provided all servicing and repairs be conducted wholly within a building.

(2)

Duplex, townhouse and village house developments shall be subject to the same restrictions as noted in section 27-53.

(3)

Beverage manufacturing shop, which shall not exceed three thousand (3,000) square feet in floor area.

(4)

Automobile detailing services provided:

a.

All servicing is conducted wholly within the building; and

b.

The number of off-street parking spaces required shall conform to the number of spaces required under section 27-209(1)(5)b. of the zoning ordinance—the number of spaces required for motor vehicle services.

(5)

Crematoriums, provided:

a.

Crematorium is an accessory use to the operation of a funeral home or animal hospital.

b.

Evidence is required which indicates the operator of a crematorium is a trained operator.

(6)

Structures or buildings up to a maximum height of five (5) stories, subject to the applicant providing the following:

a.

Narrative or other descriptive illustrations to ensure the building(s) are compatible with the surrounding neighborhood;

b.

A plan indicating that increased buffering and landscaping features will be installed;

c.

Commitment to use quality building materials, such as brick or stone facades;

d.

Provide visual representation showing that the proposed building(s) will facilitate the creation of a convenient, attractive, and harmonious community;

e.

The provision of public amenities, such as transportation improvements, bike rack, pedestrian plaza, etc.; and

f.

Any other design, feature, or amenity that promotes health, safety, and general welfare of the occupants and the citizens of the community.

(7)

Boardinghouses, subject to section 27-56(b)(6) of this article.

(8)

Family day homes subject to section 27-52(b)(1) of this article.

(c)

Height regulations. Buildings may be erected up to four (4) stories. For structures permitted above the height limit, see article XI of this chapter.

(d)

Area regulations. The following area regulations shall apply as minimums for development in this district:

(e)

Setback regulations. The setback line for lots in the C-2 district shall be located five (5) feet from all street right-of-way lines.

(Ord. of 5-8-01; Ord. No. O-2006-004, 1-10-06; Ord. of 6-12-07; Ord. of 3-8-11; Ord. No. O-2013-009, 11-12-13; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The C-3 district covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access and is characterized by constant heavy traffic and by noise of congestion of people and passenger vehicles. The district is located mostly on primary arteries and outside the central business district.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the Commercial -3 zoning district classification:

(1)

Duplex, townhouse and village house developments shall be subject to the same restrictions as noted in section 27-53.

(2)

Liquor stores, subject to location standards set forth in section 27-309.

(3)

Short-term loan establishments, subject to location standards set forth in section 27-309.

(4)

Sign printing shops, if conducted wholly within a building.

(5)

Office parks.

(6)

Crematoriums, provided:

a.

Crematorium is an accessory use to the operation of a funeral home or animal hospital.

b.

Evidence is required which indicates the operator of a crematorium is a trained operator.

(7)

Structures or buildings up to a maximum height of five (5) stories, subject to the applicant providing the following:

a.

Narrative or other descriptive illustrations to ensure the building(s) are compatible with the surrounding neighborhood;

b.

A plan indicating that increased buffering and landscaping features will be installed;

c.

Commitment to use quality building materials, such as brick or stone facades;

d.

Provide visual representation showing that the proposed building(s) will facilitate the creation of a convenient, attractive, and harmonious community;

e.

The provision of public amenities, such as transportation improvements, bike rack, pedestrian plaza, etc.; and

f.

Any other design, feature, or amenity that promotes health, safety, and general welfare of the occupants and the citizens of the community.

(8)

Boardinghouses, subject to section 27-56(b)(6) of this article.

(9)

Family day homes subject to section 27-52(b)(1) of this article.

(c)

Height regulations. Buildings may be erected up to four (4) stories. For structures permitted above the height limit, see article XI of this chapter.

(d)

Area requirements. The following area regulations shall apply as minimums for development in this district:

(e)

Setback regulations. The setback line for lots in the C-3 district shall be located ten (10) feet from all street right-of-way lines.

(Ord. of 5-8-01; Ord. No. O-2006-004, 1-20-06; Ord. of 6-12-07; Ord. of 3-8-11; Ord. No. O-2011-007, 11-8-11; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The C-4 district covers that portion of the community intended for the conduct of highway oriented uses. It is characterized by constant heavy traffic and by its proximity to highway interchange areas. It is intended to provide gas, food and lodging to the traveling public.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification. Refer to section 27-32 of this article for the area regulations and density chart for each zoning district classification.

The following additional requirements apply to the Commercial-4 zoning district classification:

(1)

Motor vehicle service stations and fuel stations; provided all storage tanks are located underground, and all gasoline islands are located twenty (20) feet from all street right-of-way lines.

(2)

Crematoriums, provided:

a.

Crematorium is an accessory use to the operation of a funeral home or animal hospital.

b.

Evidence is required which indicates the operator of a crematorium is a trained operator.

(3)

Structures or buildings up to a maximum height of five (5) stories subject to the applicant providing the following:

a.

Narrative or other descriptive illustrations to ensure the building(s) are compatible with the surrounding neighborhood;

b.

A plan indicating that increased buffering and landscaping features will be installed;

c.

Commitment to use quality building materials, such as brick or stone facades;

d.

Provide visual representation showing that the proposed building(s) will facilitate the creation of a convenient, attractive, and harmonious community;

e.

The provision of public amenities, such as transportation improvements, bike rack, pedestrian plaza, etc.; and

f.

Any other design, feature, or amenity that promotes health, safety, and general welfare of the occupants and the citizens of the community.

(4)

Boardinghouses, subject to section 27-56(b)(6) of this article.

(c)

Height regulations. Buildings may be erected up to four (4) stories. For structures permitted above the height limit, see article XI of this chapter.

(d)

Area regulations.

(1)

Side. A minimum side yard of eight (8) feet shall be maintained; except where lot abuts an "R" district, no structure shall be erected or maintained within thirty (30) feet of the boundary line of any "R" district.

(2)

Rear. There shall be a rear yard of not less than ten (10) percent of the depth of the lot, but such rear yard need not exceed ten (10) feet in depth; except where lot abuts an "R" district, no structure shall be erected or maintained within thirty (30) feet of the boundary line of an "R" district.

(Ord. of 5-8-01; Ord. No. O-2006-004, 1-10-06; Ord. of 6-12-07; Ord. of 3-8-11; Ord. No. O-2013-009, 11-12-13; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The intent of this district as follows:

(1)

To create new planned unit development districts for specialized purposes where tracts are suitable in location, area and character for development on a unified basis. This suitability shall be determined primarily by reference to the comprehensive plan with special consideration given to the existing and prospective character of surrounding development.

(2)

To relate the general development pattern and objectives of the comprehensive plan so as to provide for the comfort and convenience of occupants and facilitate protection of the character of surrounding neighborhoods.

(3)

To reduce automotive traffic congestion by reasonably close relationships between origins and destinations of persons living and working, or visiting such development.

(4)

To promote economical and efficient land use, improved level of amenities, creative design and an improved environment.

(b)

"Planned unit development" defined. For purposes of this section, a planned development (PUD) is:

(1)

Land under unified control, to be planned and developed as a whole.

(2)

Applicable to principal and accessory structures and uses substantially related to the character and purposes of this district.

(3)

In accordance with comprehensive and detailed plans which include not only streets, utilities, lot or building sites and the like, but also site plans for all buildings and structures.

(4)

Includes a program for operation and maintenance of such areas, facilities and improvements proposed for common use by some or all of the occupants of the district, but will not be provided, operated or maintained at the general public expense.

(c)

Relation of PUD regulations to subdivision, facilities standards manual or other regulations. The planned unit development district shall be subject to all other zoning, subdivision and other regulations, unless specifically amended, waived or modified as part of the master plan.

(d)

Permitted uses. The master plan for the development shall designate which areas are for residential, commercial and/or mixed uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the PUD zoning district classification:

(1)

Family day homes, subject to the requirements as set out in section 27-52(b)(1) of this article.

(2)

Bed and breakfasts, subject to the conditions set out in section 27-53(c)(7) of this article.

(3)

Funeral homes, provided no crematorium shall be located in the operation.

(e)

Density of development. Densities and intensities for the development as a whole shall be in accordance with the comprehensive plan future land use classification, but the developer may increase densities and intensities in some areas in order to provide for additional open space, recreational areas, or historic preservation.

(f)

Site planning. Site planning within this district shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences from within the development. All development within this district shall follow the following design guidelines:

(1)

The development shall be consistent with the comprehensive plan in all aspects.

(2)

The developer may proffer a written design standard which may include provisions for architectural style and features, the appropriate relation of space inside and outside buildings for intended uses and structural features, and for preservation of desirable natural features.

(3)

The development shall provide for safe and convenient streets to dwelling units and general facilities. Streets shall be laid out so as to encourage safe pedestrian, cycling, and vehicular access; streets shall be laid out to discourage outside traffic to traverse on minor streets.

(4)

Relationship of uses shall be such that major commercial and service establishments are grouped for maximum pedestrian convenience in locations uninterrupted by residential or general office occupancies. Residential and general office uses may either be in separate areas or may be separated vertically from commercial and service uses.

(g)

Procedures for applications. An application to rezone a property to PUD or for a conditional use permit approval within a PUD shall follow the process for a rezoning or conditional use permit, as the case may be, with the addition of the following requirements:

(1)

The applicant will submit a preliminary master plan of development for review during a predesign conference prepared in accordance with the preliminary site plan requirements and the provisions of this section. The plans shall be prepared by a qualified professional team. A listing of the members of the team with their qualifications must be submitted with the plan.

(2)

The PUD shall also comply with the subdivision regulations, chapter 22 of this Code. A preliminary subdivision plat must be submitted with the application and reviewed at the same time.

(3)

The town shall consider the application, the master plan, the preliminary site plan and preliminary subdivision plat in accordance with town procedures and the Code of Virginia.

(4)

Approval of the application for rezoning or conditional use permit, the preliminary site plan and preliminary subdivision plats shall constitute authority for the applicant to prepare a final site plan and a final subdivision plat.

(Ord. of 5-8-01; Ord. No. O-2006-004, 10-10-06; Ord. of 6-12-07; Ord. No. O-2013-009, 11-12-13; Ord. No. O-2016-006, § 1, 12-13-16; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The primary purpose of the M-1 district is to permit certain industries, which will promote employment opportunities and enhance the tax base for the town. It is designed to provide areas for and to encourage development of intensive manufacturing, processing and storage with limited retail and service uses. The limitations on (or provisions relating to) height of building, horsepower, heating, flammable liquids or explosives, controlling emission of fumes, odors and noise, landscaping and the number of persons employed are imposed to protect and foster adjacent residential desirability while permitting industries to locate near a labor supply.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the M-1 zoning district classification:

(1)

Adult bookstore or adult video store, subject to location standards set forth in section 27-308.

(2)

Adult cabaret, subject to location standards set forth in section 27-308.

(3)

Adult motion picture theater, subject to location standards set forth in section 27-308.

(4)

Semi-nude model studio, subject to location standards in section 27-308.

(5)

Sexual device shop, subject to location standards in section 27-308.

(6)

Taxidermy, subject to the following conditions:

a.

The use shall be conducted wholly within the building, including the storage of wastes and by-products.

b.

Outdoor product displays are prohibited.

(7)

Crematoriums, provided:

a.

Crematorium is an accessory use to the operation of a funeral home or animal hospital.

b.

Evidence is required which indicates the operator of a crematorium is a trained operator.

(8)

Structures or buildings up to a maximum height of five (5) stories, subject to the applicant providing the following:

a.

Narrative or other descriptive illustrations to ensure the building(s) are compatible with the surrounding neighborhood;

b.

A plan indicating that increased buffering and landscaping features will be installed;

c.

Commitment to use quality building materials, such as brick or stone facades;

d.

Provide visual representation showing that the proposed building(s) will facilitate the creation of a convenient, attractive, and harmonious community;

e.

The provision of public amenities, such as transportation improvements, bike rack, pedestrian plaza, etc.; and

f.

Any other design, feature, or amenity that promotes health, safety, and general welfare of the occupants and the citizens of the community.

(c)

Height regulations. Buildings may be erected up to four (4) stories. For structures permitted above the height limit, see article XI of this chapter.

(d)

Area requirements. The following area regulations shall apply as minimums for development in this district:

(e)

Setback regulations. The setback line for lots in an M-1 district shall be located a minimum of ten (10) feet and a maximum of fifteen (15) feet from all street right-of-way lines, provided adequate site distances is maintained.

(Ord. of 5-8-01; Ord. of 11-13-01(3); Ord. No. O-2006-004, 1-10-06; Ord. of 6-12-07; Ord. No. O-2011-007, 11-8-11; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The primary purpose of the M-2 district is to establish an area where the principal use of land is for heavy commercial and industrial operations, which may create some nuisance and which are not properly associated with, nor particularly compatible with, residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to:

(1)

Encourage the construction of and the continued use of the land for heavy commercial and industrial purposes;

(2)

Prohibit residential and neighborhood commercial use of the land to prohibit any other use which would substantially interfere with the development, continuation or expansion of commercial and industrial uses in the district;

(3)

To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the M-2 zoning district classification:

(1)

Adult bookstore or adult video store, subject to location standards set forth in section 27-308.

(2)

Adult cabaret, subject to location standards set forth in section 27-308.

(3)

Adult motion picture theater, subject to location standards set forth in section 27-308.

(4)

Semi-nude model studio, subject to location standards as set forth in section 27-308.

(5)

Sexual device shop, subject to location standards set forth in section 27-308.

(6)

All other industrial uses shall comply with the following performance standards:

a.

Performance standards generally. It is the intent of this chapter to prevent any building, structure or land in the M-2 district from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition; noise or vibration, smoke, dust, odor or other form of air pollution, electrical or other disturbance; glare or heat; liquid or solid refuse or wastes; condition conductive to the breeding of rodents or insects; or other substance, condition or elements in a manner or amount as to adversely affect the surrounding area. Any use proposed or proposed and established under the M-2 district may be undertaken and maintained if it conforms to all town regulations, including the regulations of this section referred to herein as performance standards. No use shall be established or conducted in an M-2 district in any manner in violation of the following performance standards.

b.

Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no case shall the sound pressure level of noise radiated from any establishment, measured at the nearest lot line, exceed the values in any octave band of frequency set forth in Table I below or in Table I as modified by the correction factors provided in Table II below. The sound-pressure level shall be measured with a sound level meter and an octave band analyzer conforming to standards prescribed by the American Standards Association.

Table I. Maximum Permissible Sound Pressure Levels Measured at Lot Line

Table II. Correction Factors

Apply only one (1) of these corrections. All other corrections (including any one of the starred corrections) are cumulative.

c.

Vibration. No vibration that can be detected at the lot line without the aid of instruments shall be permitted. Vibration caused by any use on any lot shall not result in an acceleration exceeding 0.1g, nor shall it produce a combination of amplitudes and frequencies on any building or structure beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting." The methods and equations of Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection.

d.

Smoke. There shall not be discharged into the atmosphere from any operation on any lot visible gray smoke of a shade darker than No. 2 on the Ringleman Smoke Chart, as published by the United States Bureau of Mines, except, that visible gray smoke of a shade not darker than No. 3 on such chart may be emitted for not more than four (4) minutes in any period of thirty (30) minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color but with an equivalent apparent opacity.

e.

Other air pollutants. There shall not be discharged into the atmosphere from any operation on any lot fly ash, dust, dirt, fumes, vapors or gases to any extent that could result in damage to the public health, animals, vegetation, other forms of property, or which could cause any excessive soiling at any point; and in no event shall there be any such discharge of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor to acid gases in excess of 0.2 percent by volume. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to stack temperatures of five hundred (500) degrees Fahrenheit and fifty (50) percent excess air.

f.

Odor. There shall not be discharged or permitted to escape into the atmosphere from any operation on any lot odorous or noxious gas or any other odorous or noxious material in such quantity as to be offensive beyond the premises from which such odors emanate. As a guide in determining such quantities of offensive odors, Table III (Odor Thresholds), Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists Association, Inc., Washington, D.C. shall be used.

g.

Radioactivity. There shall be no radioactive emission that would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of the existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere, streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Nuclear Regulatory Commission. Determination in the case of items which would affect aircraft navigation or the control thereof, will be made by applicable current regulations of the Federal Aviation Administration and any applicable laws enacted by the general assembly of this state.

h.

Electrical interference. There shall be no electrical disturbance emanating from any lot that would adversely affect the operation of any equipment on any other lot or premises. In the case of any operation that would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Agency shall apply.

i.

Liquid or solid wastes. There shall be no discharge of any liquid or solid wastes from any establishment into any stream except as authorized by the state water control board and the town council, nor shall any wastes, debris or other discarded material be permitted to accumulate in any yard or open space on the premises.

j.

Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion, welding or otherwise so as to be visible beyond the lot line, shall be permitted, except for signs, parking lot lighting and other lighting permitted by this chapter or required by any other applicable regulations, ordinance or law. There shall be no discharge of heat or heated air from any establishment so as to be detectable beyond the lot line.

(c)

Enforcement of performance standards. Intent concerning determinations involved in administration and enforcement of performance standards. Determinations necessary for administration and enforcement of performance standards set forth in this article range from those which can be made by a reasonable person using normal senses and no equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:

(1)

Where determinations can be made by the zoning administrator or other town employee using equipment normally available to the town or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

(2)

Where technical complexity or extraordinary expense makes it unreasonable for the town to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for protecting individuals from arbitrary and capricious administration and enforcement of performance standard regulations and for protecting the general public from unnecessary costs for administration and enforcement.

(d)

Simple determinations. If the zoning administrator finds that determinations of the nature indicated in section 27-62(c)(a)(1) are adequate to demonstrate violations of performance standards in particular cases and if such violations exist, he shall take, or cause to be taken, such lawful action as is appropriate to cause correction of such violations. Failure to obey lawful orders concerning correction of such violations shall be punishable as provided generally for violations herein and in other laws or regulations affecting the case.

(e)

Complex determinations. If the zoning administrator finds that determinations of the nature indicated in section 27-62(c)(a)(2) are required to make precise measurements regarding potential violations of performance standards set forth herein and, if in his considered judgment, he believes there is violation of such performance standards, the following procedures shall be followed:

(1)

Notice and answer. The zoning administrator shall give notice by registered mail or other means ensuring a signed receipt for such notice to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the zoning administrator believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the zoning administrator within a time limit set by him, not to exceed sixty (60) days. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the zoning administrator within the time limit set constitutes cause for the zoning administrator to proceed with enforcement. The notice shall further state that, upon request of those to whom it is directed, technical determinations, as described in this ordinance, will be made and that if violations, as alleged, are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate. However, if it is determined that no violation exists, the cost of the determination will be paid by the town.

(2)

Correction of violation. If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the zoning administrator, he shall note "violation corrected" on his copy of the notice, shall retain it among his official records and shall send a copy to the alleged violator, in addition to taking such other action as may be warranted.

(3)

Action—Continuation of violation. If there is no reply within the time set (thus establishing admission of violation) and the alleged violation is not corrected to the satisfaction of the zoning administrator within the time limit set, he shall proceed to take, or cause to be taken, such action as is warranted by continuation of a violation after notice to cease.

(4)

Time extension. If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the zoning administrator but requesting additional time, the zoning administrator may grant an extension if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property. If the extension is not granted, the zoning administrator shall proceed to bring legal action, as provided above.

(5)

Costs of determinations—Responsibility. If a reply is not received within the time limit set requesting technical determination, as provided in this ordinance, and if the alleged violations continue, the zoning administrator may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate. If no violation is found, the costs of the determinations shall be paid by the town without assessment against the properties or persons involved.

(f)

Conditional uses.

(1)

Industrial buildings may be permitted over the height limit, subject to securing a conditional use permit and compliance with the following requirements:

a.

Such building shall be constructed of completely fireproof materials.

b.

This additional area shall not be occupied by employees except for general maintenance.

(2)

Crematoriums, provided:

a.

Crematorium is an accessory use to the operation of a funeral home or animal hospital.

b.

Evidence is required which indicates the operator of a crematorium is a trained operator.

(g)

Height regulations. Buildings may be erected up to five (5) stores in height from the adjacent ground elevation.

(h)

Area regulations.

(i)

Setback regulations. The setback line for lots in the M-2 district shall be located thirty-five (35) feet from all street right-of-way lines.

(Ord. of 5-8-01; Ord. No. O-2011-007, 11-8-11; Ord. of 12-9-14; Ord. No. O-2018-001, § 1, 2-13-18)

(a)

Statement of intent. The planned development/medical center (PD-MC) district is intended to permit the development and growth of general and specialty hospitals and related uses, such as medical offices, diagnostic laboratories, pharmaceutical centers, special patient care units and allied housing units, in order to provide for an improved, convenient and efficient health care delivery system for the town region. The district shall be developed in accordance with the comprehensive planning principles, guidelines, and performance standards outlined in this division.

(b)

Permitted uses. Refer to section 27-31 of this article for the Land Use Chart for a comprehensive list of allowed land uses in each zoning district classification.

The following additional requirements apply to the PD-MC zoning district classification:

No application shall be approved for a planned development under the provisions of this division unless the generalized development plan accompanying such application satisfies the following general standards:

(1)

The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties;

(2)

The application provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, pedestrian walkways, and public transportation facilities, where applicable;

(3)

The application provides for adequate public facilities;

(4)

The planned development substantially conforms to the adopted comprehensive plan with respect to type, character and intensity of uses and public facilities;

(5)

The development shall take into consideration the impact on the existing surrounding development and will not hinder, deter or impede development of surrounding undeveloped properties in accordance with the adopted comprehensive plan;

(6)

No accessways, except pathways, are to be constructed, installed or located on lands having a slope greater than thirty (30) percent;

(7)

Sidewalks or other pedestrian pathways that link older or developed areas of the town and proposed new development areas are in accordance with the comprehensive plan and are located along natural waterways and scenic areas to the maximum extent possible;

(8)

The proposed land uses are indicated on the land use map as appropriate uses in the particular planning area and sub-area in which the development is to be located;

(9)

A master plan depicts the location and conceptual arrangement of proposed and existing open space areas, including landscaped open spaces, a plan for preservation of environmentally sensitive areas, special landscape features for major entryways, and provisions for screening and buffering of proposed buildings and adjacent land uses;

(10)

At least fifteen (15) percent of the total planned development medical center district shall be in open space. This open space is calculated in aggregate across the entire hospital zoned campus, not a fifteen (15) percent requirement for each parcel developed;

(11)

Maintenance and vehicular service buildings are fully screened, landscaped and fenced so as to limit views to the general public and sited in such a fashion so as to minimize their impact on land uses adjacent to the district;

(12)

Private streets may be permitted in the district, provided their design and construction standards comply with the town's Facility Standards Manual and adequate provisions are made by the applicant for ongoing maintenance;

(13)

All utilities, including telephone, television cable and electrical systems, are to be installed underground. Appurtenances to these systems which require aboveground installations are exempted from this requirement provided they are adequately screened from view;

(14)

Helipads are to be designed, sited and constructed so as to minimize their impact on adjacent land uses. Approach patterns shall be designated to ensure minimal impact on adjoining properties;

(15)

Helipads are not to be located closer than fifty (50) feet to any residential district. This distance may be increased at the discretion of the planning commission, unless the applicant shows that helicopter approach patterns and frequency of use would not adversely impact any residential district;

(16)

Town standards must be met for all site signage and lighting unless the applicant submits and obtains approval for a site specific comprehensive signage and lighting system that includes detailed elevations, dimensions and materials; and

(17)

Once a general development plan (GDP) is approved, applications deemed in substantial conformance with the GDP can be reviewed and approved administratively by the director of planning and community development.

(Amd. of 8-14-12; Ord. No. O-2013-009, 11-12-13; Ord. No. O-2018-001, § 1, 2-13-18)