Preston City Zoning Code
ARTICLE VI
Overlay and Floating Districts
§ 210-30 Village Overlay Zone.
A.
Intent and purpose.
(1)
The intent and purpose of the Village Overlay Zone is:
(a)
To implement the recommendations of the Comprehensive Plan to use traditional "small town" or neighborhood type development to create attractive and diverse environs within the traditional Preston Town center.
(b)
To preserve patterns of design and development within the Village Overlay Zone and to ensure the preservation of a diversity of land uses, together with the protection of buildings, structures or areas the destruction or alteration of which would disrupt the existing scale and architectural character of the Town.
(2)
Within the Village Overlay Zone, a Village Redevelopment Sub-Area is hereby established. In addition to the purpose and intent of the Village Overlay Zone which is set forth above, the Village Redevelopment Sub-Area is intended to implement the recommendations of the Comprehensive Plan to promote and encourage revitalization of the existing downtown or village center by permitting small-scale commercial and/or nonresidential development by special exception at appropriate locations, provided that such development complies with the goals and objectives of the Village Overlay Zone, and the design standards set forth in this chapter.
B.
Specific goals and objectives.
(1)
The goals and objectives of the Village Overlay Zone are:
(a)
To maintain the intimate human scale and setting that make Preston a desirable place to live by requiring design for the human scale and perceptions.
(b)
To serve communities with streets that are interesting, that encourage slow vehicular speed and that result in a pedestrian-friendly environment.
(c)
To create a pleasant and functional pedestrian realm that consists of common open spaces, tree-lined streets, landscaped transition areas (between public and private spaces) and utility corridors.
(d)
To reduce issues of nonconformity by recognizing the appropriateness of the existing mix of land uses, building types and structure placement in the designated Village Overlay Zone.
(e)
To create compact, identifiable neighborhoods with distinct yet compatible character to the rest of the Town.
(f)
To enhance Preston's sense of place in its rural and regional setting by maintaining the small town feel and vistas of open farmland.
(g)
To accommodate a mix of housing densities, and building types.
(h)
To integrate appropriate details in building design, including protection of the village's architectural massing, composition and styles as well as neighborhood scale and character.
(i)
To encourage compatibility of new construction and structural alteration with the existing scale and character of surrounding properties.
(j)
To encourage existing types of land uses that reflect the mixture and diversity of uses that have historically existed in the community.
(k)
To preserve the village streetscape.
(2)
In addition to the goals and objectives of the Village Overlay Zone, the following goals and objectives also apply in the Village Redevelopment Sub-Area:
(a)
To encourage small-scale, nonresidential redevelopment within the traditional Town center, by special exception, at appropriate locations provided that such redevelopment complies with the goals and objectives of the Village Overlay Zone and the design standards set forth in this chapter.
(b)
To ensure that any nonresidential development in the Village Redevelopment Sub-Area is consistent with the village's scale and character, and is appropriately integrated with surrounding properties.
C.
Applicability and definitions.
(1)
Applicability. The provisions of the Village Overlay Zone shall apply to new construction involving structural alterations and new structures on all land as designated by this overlay zone to the existing underlying zone districts. The provisions shall serve to supplement the underlying zoning district regulations in order to support the purposes noted in Subsection B. Where a nonresidential use is permitted by special exception in the Village Redevelopment Sub-Area, any new construction shall comply with the provisions of the Village Overlay Zone and the design standards set forth in this chapter.
(2) NEW CONSTRUCTION INVOLVING STRUCTURAL ALTERATION NEW DEVELOPMENT NEW STRUCTURE
Definitions. For purposes of the Village Overlay Zone and the Village Redevelopment Sub-Area, the following definitions apply:
The expansion of the footprint of an existing structure or structures, such as adding a new room, but not interior construction which would not be visible from a public way. Repairs are not considered "new construction involving structural alteration." Enlargement of building size or bulk, or alterations which impact upon the building facade, visible from a public way, shall constitute new construction subject to the Village Overlay Zone.
The creation of additional or new building lots or parcels.
The addition of a new building or other structure to an existing parcel of land.
D.
Enforcement. In the Village Overlay Zone and the Village Redevelopment Sub-Area, new construction, including new buildings, enlargement to building size or bulk, structural alterations to existing structures which have an impact upon the street facade and any change of use that is permitted only by virtue of the Village Overlay Zone provisions, shall be reviewed for compliance with this section by the Planning Commission in accordance with the provisions of Subsections J through L.
E.
Locations. The Village Overlay Zone shall be used in areas identified on the Official Zoning Map and described in the Comprehensive Plan. It will be applied in addition to, and overlay, the underlying zoning. Within the Village Overlay Zone, the Village Redevelopment Sub-Area shall apply to areas identified on the Official Zoning Map. The Village Redevelopment Sub-Area shall be applied in addition to and overlay the underlying zoning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Permitted uses. Uses as specified in the underlying zone shall be permitted by right in the Village Overlay Zone and in the Village Redevelopment Sub-Area.
G.
Conditional uses. Other uses may be permitted by special exception and as specified in the underlying zone as conditional uses.
H.
Special exception uses within the Village Redevelopment Sub-Area. The following uses are permitted in the Village Redevelopment Sub-Area by special exception:
Village Redevelopment Sub-Area (VRA) | |
|---|---|
Use Description | VRA |
Residential | |
Dwelling - townhouse | SE |
Accessory Dwelling Unit (size limited to 50% of principal structure; not to exceed 1,500 square feet) | |
In conjunction with a principal residential use (limited to 1 accessory dwelling unit per parcel) | SE |
In conjunction with a principal commercial use | SE |
Home-Based Business | |
Type 2 home-based business | SE |
Day-care center, group | SE |
Bed-and-breakfast | SE |
Institutional | |
Churches and parish halls, temples and convents and monasteries, houses of worship | SE |
Libraries, museums | SE |
Medical facility | SE |
Recreation, Amusement, Entertainment | |
Community center including indoor recreation | SE |
Indoor recreation | SE |
Emergency Services | |
Fire stations without assembly hall | SE |
Fire station with assembly hall | SE |
Rescue squad, ambulance service | SE |
Utilities | |
Essential service | SE |
Commercial - Service | |
Barbershop, beauty salon, nail salon | SE |
Service establishments, including laundry, appliance repair, equipment or instrument repair or rental, dry cleaning, hairdresser shop, pet grooming shop, upholstery shop, tailor and other similar uses | SE |
Repair facilities for household items, domestic appliances, clothes, materials, television, radio, or other electronic equipment | SE |
Advertising agencies | SE |
Studios of a photographer, artist and writer, including teaching studios for art, crafts, drama, dance and music | SE |
Bakery | SE |
Financial institutions, building and loan associations, savings and loan associations, banks, credit unions, mortgage companies, or finance offices or other financial institutions | SE |
Business uses including insurance, real estate, and computer centers | SE |
Professional uses, including medical, legal, accounting, engineering, surveying, and architectural offices and other uses of a similar nature | SE |
Entertainment uses compatible with surrounding neighborhoods | SE |
Commercial - Retail and Wholesale | |
Specialty food stores including but not limited to coffee shops, ice cream, organic foods, and delicatessen | SE |
Specialty retail stores including but not limited to antiques, florist, gift, music, and movie rental | SE |
Convenience/mini-market but not including gasoline pumps | SE |
General merchandise | SE |
Alcoholic beverage sales/liquor stores, off-site | SE |
Restaurant, dine-in, carry-out, delivery | SE |
Key: |
|---|
SE - Use subject to special exception from the Board of Zoning Appeals. |
I.
Density and lot size. The maximum density shall be eight dwelling units per acre. Accessory dwelling units that rely on the same water connection shall not be counted in the overall density calculation. The subdivision process must demonstrate the feasibility of future building placement in accordance with the requirements of the Village Overlay Zone.
J.
Provisions governing residential land use, lots and buildings.
(1)
Different types of residential dwellings may be mixed on the same block or lot. A residential building may be mixed with a nonresidential building on the same block or lot by special exception. A residential use may be mixed with nonresidential uses in the same building provided the nonresidential use has a separate front entrance.
(2)
Buildings should not exceed three stories in height. Chimneys, antennas, flagpoles, and other details, such as steeples, cupolas, and widow's walks, are not bound by this general rule.
(3)
The required yard depth shall be five feet from the front lot line, edge of sidewalk, or the existing building line, whichever standard provides the greatest yard depth, except that the front yard may be equal to the front yard depth on the adjoining property. Under no circumstances shall any building be located less than 10 feet from a building on an adjoining lot.
(4)
The minimum side yard width shall be no less than the side yard width on the adjoining property, or five feet, whichever is greater. Under no circumstances shall any building be located less than 10 feet from a building on an adjoining lot, except when a reduced side yard width is permitted in the underlying zone.
K.
Provisions governing commercial and mixed land use, lots and buildings.
(1)
Nonresidential uses must be existing nonconforming uses or have been permitted by variance or special exception. Nonresidential uses set forth in Subsection G may be permitted in the Village Redevelopment Sub-Area by special exception.
(2)
All nonresidential uses must be constructed on lots that contain at least 6,000 square feet, and maintain a minimum width of 50 feet to allow for off-street parking and deliveries.
(3)
Buildings shall be located at least five feet from the front lot line, or from the nearest sidewalk edge, or shall be consistent with the yard depth created by the location of adjacent buildings. The applicable standard in any specific case shall be that which creates the greatest front yard depth, except where the location of existing buildings creates a de facto front yard depth on adjacent lots. Sidewalks should be located between the street and the building front.
(4)
The minimum side yard width shall be no less than the side yard width on the adjoining property, or five feet, whichever is greater. Under no circumstances shall any building be located less than 10 feet from a building on an adjoining lot, except when a reduced side yard width is permitted in the underlying zone. If there is no building on the adjoining lot, then the minimum side yard width shall be the same as the underlying zone. However, the exterior of the structure must be accessible for maintenance on all sides from within the lot lines of the property on which the building is constructed. The side and roof of two-story structures must be accessible for scaffolding, which normally requires a five-foot minimum width that is unobstructed. Also, a minimum of 10 feet, on at least one side, must be provided for unobstructed vehicular access on any parcel not served by a rear yard access road or alley.
(5)
Adequate space shall be provided for parking, maneuvering, landscaping, and private yard areas when residential uses are included.
L.
Parking. Parking shall be provided in accordance with § 210-41. However, in the Village Overlay Zone, all required off-street parking is encouraged to be located in the side or rear yard area. Additional special requirements for the Village Overlay Zone follow:
(1)
Parking along the side of residential buildings must be screened from neighboring properties.
(2)
When access is from the street frontage, garages or carports shall be located behind the main building facade. However, garage doors should be oriented toward the side or rear whenever possible.
(3)
If off-street commercial parking spaces are required, no less than 50% of those spaces shall be to the rear of the building. Parking shall not be located in the required front yard.
M.
Design provisions. The Planning Commission will rely on the Comprehensive Plan and the Village Overlay District Design Guidelines and the design standards set forth in §§ 210-47 through 210-50 of this chapter concerning issues of design, neighborhood and community character, and compatibility. In general, these call for the following characteristics:
(1)
Traditional neighborhoods should have recognizable edges while still blending and continuing the overall character of Preston. Accordingly, linear clustering and the creation of common linear open spaces, buffer screens, and pedestrian paths are strongly encouraged.
(2)
The mass and spatial relationships of new buildings shall be compatible in size and scale with those found within the Village Overlay Zone.
(3)
Building fronts shall face the street.
(4)
Front porches are encouraged on all single-family dwellings.
(5)
Exterior materials shall be natural in appearance, with preference given to wood or wood appearance siding, stone, and brick. Exterior building colors should be traditional or muted tones.
(6)
Shade trees and other plant materials satisfactory to the Planning Commission should be provided along street frontages occupied by a home and in any other required screens or buffer plantings. All deciduous trees planted as a condition of site plan approval shall not be less that eight feet in height nor less than two-inch caliper.
(7)
Within this overlay zone, the Town of Preston encourages an architectural style which is best described as "traditional." Favorable consideration will be given to building permit applications for new construction and remodeling where the plans include styling features of the older houses in the Town, such as higher, more traditional roof pitch, and/or a substantial front porch. Building permit applications for modern or "contemporary" design will be discouraged within the Village Overlay Zone. Within the Village Overlay Zone, replacement construction and remodeling building permit applications will receive favorable consideration in appeals for setback variance where the construction is within the original footprint and the plan is for a traditional look.
N.
Site plan. An approved site plan for development within the Village Overlay Zone and the Village Redevelopment Sub-Area shall be required and shall follow the procedural and substantive requirements for site plan submittal, review, and approval, as set forth in site plan requirements and review procedure contained in Chapter 175, Subdivision of Land. However, the Planning Commission may require a scale larger than the minimum, if needed for clarity and usefulness.
O.
Additional requirements. The Planning Commission, at its discretion, may require a series of photographs and sketches of the proposed Village Overlay Zone development site from various vantage points, both on- and off-site, to provide graphic descriptions of existing and post-development views. Sketches should be of sufficient accuracy and detail to convey adequate information about the proposed general streetscape appearance, landscaping, buildings, parking and circulation proposed in order to facilitate findings of compatibility with the character of the neighborhood and the community. However, they do not need to be expensive presentation renderings. Photographs may be in digital form but should be large enough to facilitate easy comparison to the sketch studies. The sketches, photographs, and any other supporting documentation submitted for review should accompany the preliminary site plan in order to:
§ 210-31 Floating zones.
A.
Purpose and intent. The purpose of the designated floating zones is to permit the specific and detailed mapping of areas for planned unit developments (PUD). The floating zones provide a mechanism for the establishment of the district in appropriate areas, limiting the areas to be zoned and setting conditions that must be met by any development proposal seeking such a designation.
B.
Town findings. The Town Commissioners and Planning Commission find that they are not able to plan, locate and map the floating zones in advance, and that it is desirable to leave specific locations and conditions of the zones for future determination as the Town grows and specific transportation patterns, public open space, public infrastructure, and other specific public needs and benefits are identified. These zones are intended to permit design flexibility for land developed pursuant to a unified general development plan.
D.
Land uses in floating zones. The uses permitted within a floating zone shall be as established by the land use table set forth in this chapter, which shall prevail over conflicting requirements of this chapter or Chapter 175, Subdivision of Land.
E.
Required procedures.
(1)
The procedures for amending the Official Zoning Map to locate a floating zone and approval of a PUD plan are set forth in Subsection F. Location of a floating zone by the Town permits the use and development of the subject property in accordance the provisions of the floating zone and the approved PUD plan; however, no construction, improvement, use or development of the subject property may occur until applicable construction, use and/or occupancy permits are issued.
F.
Location of floating zones; process for PUD plan approval.
(1)
PUD plan review process; purpose. The purpose and intent of the planned unit development (PUD) plan approval process is to provide for the creation of carefully planned, well-designed residential, commercial and/or mixed-use communities at appropriate locations.
(2)
Development Performance Guidelines. Applicants shall be guided throughout the review process by the Preston Development Performance Guidelines. Because it is recognized that design professionals, including architects, landscape architects, and land planners, are trained to strive for creative excellence, the design guideline criteria are not intended to restrict creative solutions or to dictate all design details. The Preston Development Performance Guidelines serve as a tool for the Town planning staff by providing a checklist of elements to be considered. The guidelines also inform the design professionals of items that should be considered or included from the outset of the design process.
(3)
Preliminary application. Preliminary application for a floating zone amendment and PUD plan approval shall be made to the Town Commission and Planning Commission in a joint meeting. Preliminary applications shall include:
(a)
A written petition for location of a floating zone district and approval of a PUD plan, signed by the owners, and contract purchasers, if any, of the property that is the subject of the petition.
(b)
A narrative describing the following:
[1]
Statement of present and proposed ownership of all land within the development;
[2]
Overall objectives of the proposed planned unit development and a statement of how the proposed planned unit development corresponds to and complies with the goals and objectives of this chapter, and the proposed floating zone;
[3]
Method of providing sewer and water service and other utilities, such as, but not limited to, telephone, gas, and electric services;
[4]
Storm drainage areas and description of stormwater management concepts to be applied;
[5]
Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas;
[6]
School availability and school population impact analysis;
[7]
General description of architectural and landscape elements, including graphic representations; and
[8]
If petitioner desires to develop the property in phases, a preliminary phasing plan, indicating the phase(s) in which the project will be developed, indicating the approximate land area, uses, densities, and public facilities to be developed during each phase.
(c)
A concept PUD plan, which includes:
[1]
Boundary survey of the area subject to the application.
[2]
Graphic and tabular presentation of proposed site development information that clearly depicts the following:
[a]
Total acreage of subject property and identification of all adjoining landowners;
[b]
Description of proposed land uses, including residential, commercial, institutional, and recreational;
[c]
Maximum number of dwelling units, approximate densities of residential areas and anticipated population;
[d]
Land area and locations generally allocated to each proposed use; and
[e]
Location of proposed roads, public open space, any sensitive resource areas (environmental or cultural), and public facilities.
(4)
Referral of preliminary application to Planning Commission.
(a)
If the joint meeting of the Planning Commission and the Town Commissioners finds that the preliminary application for a floating zone amendment and PUD plan approval is generally consistent with Chapter 175, Subdivision of Land, the preliminary application shall be conditionally approved and referred to the Planning Commission for further review in accordance with Subsection F(5) below. "Conditional approval" as used herein means only that the Town Commissioners have made a preliminary finding that the proposal is generally consistent with this chapter. Conditional approval shall authorize the Planning Commission, Town staff, and Town consultants to continue to analyze the proposal subject to all applicable review processes and procedures.
(b)
No development, construction, or site preparation may occur until:
[1]
A floating zone has been applied to the property by legislative action of the Town Commissioners;
[2]
A PUD plan is approved for the floating zone by the Town Commissioners; and
[3]
A building permit has been issued, following, if applicable, final subdivision plat and/or site plan approval by all agencies with jurisdiction.
(5)
PUD plan submittal to the Planning Commission. After the Planning Commission and the Town Commissioners conditionally approve the preliminary application and concept PUD plan, the petitioner shall submit the following to the Planning Commission for review and recommendations to the Town Commission in accordance with § 175-14 of Chapter 175, Subdivision of Land. The Town Manager shall comply with § 175-14C(2) of Chapter 175, Subdivision of Land, regarding bulk mailing.
(a)
Graphic PUD plan requirements.
[1]
PUD plan that includes the following individual sheets. Single sheets shall not exceed 36 inches by 48 inches. Plans should be presented at a scale no smaller than one inch equals 400 feet such that the entire site may be shown on a single sheet.
[a]
Conditionally approved concept PUD plan.
[b]
Boundary survey, including identification of adjacent property owners.
[c]
Existing condition information, including (information may be displayed on more than one sheet for clarity):
[i]
Topographic survey (minimum one-foot contour interval);
[ii]
Soils;
[iii]
Forested areas and tree lines;
[iv]
Wetlands, hydric soils, streams and water features;
[v]
Steep slopes;
[vi]
Easements and deed restrictions;
[vii]
Roads, driveways and rights-of-way;
[viii]
Existing buildings; and
[ix]
Existing land uses.
[d]
Proposed open space, protected areas, and public and private parks.
[e]
Pedestrian and vehicular master plan showing dominant street configuration and pedestrian walking and biking alignments.
[f]
Detailed plan of at least one phase, showing:
[i]
Road alignments;
[ii]
Lot configuration;
[iii]
Commercial area plan, if applicable;
[iv]
Public and private open space(s);
[v]
Perspective streetscape (typical for represented phase);
[vi]
Examples of proposed residential and commercial architecture;
[vii]
Plan view, perspective and elevations of private and/or public community facilities; and
[viii]
Plan view, perspective and elevations of entrance to PUD, including gateway improvements, if applicable.
[g]
Phasing plan, including:
[i]
The general boundaries or location of each phase. Although the phasing plan shall include the information required by Subsection F(5)(a)[1][g][ii] and [iii] below (in narrative, tabular or graphical form), it is not required to depict the location of the land uses, densities or public facilities within each phase.
[ii]
The phase(s) in which the project will be developed, indicating the approximate land area, uses, densities, and public facilities to be developed during each phase.
[iii]
If different land use types are to be included within the planned unit development, the plan should include the approximate mix of uses anticipated to be built in each phase.
[2]
Studies and reports by qualified professionals.
[a]
Traffic study that evaluates traffic impacts on proposed entrances on existing public (state, county and Town) roads and major existing intersections within Preston Town limits that may be impacted by traffic generated by the proposed project.
[b]
Non-tidal wetlands delineation.
[c]
Endangered species study prepared by qualified professionals.
[d]
Historical and archaeological survey.
[3]
PUD design standards, which shall generally conform to the elements of the Preston Development Performance Guidelines. The PUD design standards should provide specific detail regarding:
[a]
Site design standards in designated neighborhood and/or commercial areas, including permitted uses, building types, frontage, setbacks and lot sizes, building heights, parking, street widths and cross sections, sidewalks, lighting, and road geometry.
[b]
Building standards for designated neighborhood and/or commercial areas, including size and orientation, building facades, regulated architectural elements (windows, trim, etc.), rooflines, architectural styles, fencing, parking, and signage.
[c]
Landscape standards, including location and scope, materials, and scheduling.
[4]
Project scheduling information, including anticipated permitting hearings, approvals, phasing, anticipated absorption, and completion of key site elements. (Note: This information is understood to be representative of a best estimate and will be used by the Town planning agencies as a tool for long-range planning activities, but shall not be binding.)
[5]
The PUD plan shall also include a management statement regarding the anticipated ownership, construction, operation, and maintenance of:
(c)
The Town Commission and/or the Planning Commission may establish additional and supplemental requirements for the PUD plan during its consideration of the preliminary application, if it determines such requirements are necessary to enable the Town Commissioners to evaluate the particular floating zone amendment request.
(6)
Planning Commission review and recommendation floating zone amendment and PUD plan.
(a)
The Planning Commission shall review the floating zone amendment request and PUD plan for compliance with the requirements of this chapter.
(b)
The Planning Commission shall evaluate the degree to which the floating zone request and PUD plan incorporate and/or address the Preston Development Performance Guidelines.
(c)
The Planning Commission may make recommendations to the petitioner regarding changes to the PUD plan proposal which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements the Preston Development Performance Guidelines and the goals and objectives of this chapter. The petitioner may resubmit the PUD plan to the Planning Commission in consideration of the Commission's comments. If after four PUD plan submissions the PUD plan has not received a favorable recommendation from the Planning Commission, the Commission shall make a negative recommendation to the Town Commissioners setting forth its reasons as to why the PUD plan should not be approved.
(d)
The Planning Commission shall consider and comment on the findings required of the Town Commissioners by § 210-16E(2) and shall make a favorable or negative recommendation to the Town Commissioners.
(e)
The Planning Commission shall return the PUD plan, with any revisions, together with written comments and recommendations, and its floating zone comments, to the Town Commissioners for action pursuant to the floating zone and PUD plan approval process.
(7)
Town Commissioners approval of floating zone and PUD plan.
(a)
The Town Commissioners shall review the PUD plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.
(b)
The Town Commissioners may approve or disapprove the proposed floating zone map amendment and associated PUD plan, with any revisions, in their legislative discretion, and subject to all hearing requirements and necessary findings for map amendments and the application of a floating zone to a particular area, as more particularly set forth in other provisions of this chapter.
(c)
After approval of a floating zone amendment by the Town Commissioners, two complete copies of the approved PUD plan shall be filed with the Town Manager. One additional complete copy of the approved PUD plan shall be filed with the Planning Commission for reference during its subsequent review and approval of subdivision plats and/or site plans.
(d)
When a planned unit development is to be constructed in phases, final subdivision plat(s) shall not be required for a phase until such time as applications are filed for a federal, state, or local permit for construction of that particular phase and all subdivision regulations have been met.
(e)
As part of the final PUD plan approval, the Town Commissioners shall approve a date for initiation of the proposed development.
(f)
In the event that a floating zone amendment is approved by the Town Commissioners without subdivision and approval of an associated PUD plan, the subject property may not be subdivided until the owner complies with the PUD review and approval provisions of this chapter, and may not be developed except in conformance with a site plan as required by and in conformance with this chapter.
G.
Amendment of PUD plan. The procedure for amendment of an approved PUD plan shall be the same as for a new application, except that amendments of a PUD plan may be approved by the Planning Commission.
§ 210-32 PN Planned Neighborhood District.
A.
Purpose. The Planned Neighborhood (PN) District is a floating zone. That means that while provisions and regulations are made to govern any development within a PN District, no such district will be pre-mapped on the Zoning Map. The PN District is intended to permit master planned, mixed-use developments in areas designated appropriate for such by the Town Commissioners. The PN District permits development and land use pursuant to a planned unit development (PUD) plan approved by the Town Commissioners at the time the PN zoning is applied to specific land(s). There is a general presumption that an application for a PUD project at an appropriate location conditionally approved as a PN District, proposing uses permitted within the PN District, with residential densities as provided in this chapter, inures to the general benefit of the Town.
B.
Intent. The PN Planned Neighborhood District is intended to promote the following:
(1)
Develop neighborhoods that accommodate and promote pedestrian travel;
(2)
Promote design that results in residentially scaled buildings fronting on, and generally aligned with, streets;
(3)
Encourage the inclusion of a diversity of household types, age groups, and income levels;
(4)
Promote traditional village building and site development patterns with an interconnected and broadly rectilinear pattern of streets, alleys, and blocks, providing for a balanced mix of pedestrians and automobiles;
(5)
Encourage creation of functionally diverse but visually unified communities;
(6)
Promote use of neighborhood greens and landscaped streets woven into street and block patterns to provide space for social activity, parks, and visual enjoyment;
(7)
Provide sites to accommodate buildings for civic or religious assembly or for other common or institutional purposes that act as visual landmarks and symbols of identity;
(8)
Promote the location of dwellings, shops, and workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community;
(9)
Permit design flexibility in order to achieve an appropriate mix of residential and nonresidential building uses; and
(10)
Require efficient utilization of designated growth areas.
C.
Density determination.
(1)
General. The total number of dwelling units permissible in a PUD project shall be determined in accordance with the provisions of this section (as adjusted by density bonuses as set forth below). Areas used for commercial uses shall be subtracted from the adjusted tract acreage, as described in Subsection C(2). below, before determining permissible residential density.
(2)
Average base density calculation. The base density shall be determined by the land area yielded through calculations of the adjusted tract acreage, as determined by the table below. The minimum residential density for a proposed PN shall be 2.7 dwelling units per adjusted tract acre. Except as provided by Subsection C(3) below, the maximum residential density for a proposed PN District shall be no more than 4.0 dwelling units per adjusted tract acre.
Table Density Factors for Calculating Adjusted Tract Acreage | ||
|---|---|---|
Density Factor | Description of Constraint | |
DF 1 | 0.00 | Floodways within 100-year floodplain; existing street right-of-way |
DF 2 | 0.05 | Wetlands and soils classified by the Caroline County Soil Survey as "very poorly drained"; existing utility easements |
DF 3 | 0.25 | Steep slopes, that is, those greater than 25% |
DF 4 | 0.33 | Soils classified as "poorly drained" (in unsewered areas) |
DF 5 | 0.75 | Soils classified as "poorly drained" (in sewered areas); slopes between 15% and 25% |
DF 6 | 1.00 | Unconstrained land |
(3)
Density incentives to further certain public objectives.
(a)
Public use of conservation land. The Town Commissioners may encourage the dedication of land for public use (including active and passive recreation areas, spray irrigation open space, municipal buildings, school sites, etc.) according to the following standards:
[1]
A density bonus for public usage of conservation land in a new PN District shall be computed on the basis of a maximum of one dwelling unit per five acres of such land and one dwelling per 1/2 mile of trail that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate land to public usage within a proposed PN District shall be at the discretion of the Planning Commission.
[2]
The density bonus must be above and beyond the requirements as stated in § 210-32E(1)(c)[1] of this chapter.
(b)
Implementation. If the Town Commissioners are satisfied that the public purpose objectives are being achieved, an applicant may utilize any combination of density bonuses, provided that the cumulative density bonuses applied to a PUD project may not exceed 35% of the maximum residential base density after meeting the requirements as stated in § 210-32E(1)(c)[1] of this chapter.
D.
General design requirements.
(1)
Design guidelines referenced in this subsection shall be considered as minimum performance standards for the PN District.
(2)
Planned neighborhoods are intended to provide for a range of complementary uses and may consist of up to five use areas: Single-Family Residential (SRA) Areas, Central Residential (CRA) Areas, Storefront (SFA) Areas, Village Center (VC) Areas, and Conservation (CA) Areas. At a minimum, they must contain both an SRA and a CA, as defined below. These areas are intended to provide for the diversity necessary for traditional village life, while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other.
(a)
Single-Family Residential Areas (SRA) provide locations for a broad range of housing types, including single-family detached, semidetached, and attached, and may also include accessory dwelling units.
(b)
The Central Residential Area (CRA) is intended to contain a variety of housing options and related uses.
(c)
The Storefront Area (SFA) is intended to provide appropriately scaled commercial and service uses that meet the retail and service needs of the Town and surrounding areas of Caroline County.
(d)
The Village Center Area (VC) is intended primarily to provide uses that meet the retail and service needs of a traditional community center and its vicinity within one- and two-story buildings, and may contain other compatible uses, such as civic and institutional uses of community-wide importance.
(e)
Conservation Areas (CA) are permanently protected open spaces, including greens, commons, habitat protection areas and private non-common acreage used for agriculture, wholesale nurseries, tree farms, etc.
E.
Development standards.
(1)
The following development standards shall apply to the PN District:
(a)
The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the PN shall be established for each PN District jointly by the Town Commissioners and the Planning Commission during the PUD plan approval process and shall be consistent with the PN Design Performance Guidelines. In establishing these requirements the Town Commissioners shall consider such factors as the proposed development intensity and the existing character of adjacent neighborhoods.
(b)
Land coverage. The maximum amount of land that may be built over (covered) by parking lots, roads, sidewalks, or plazas, buildings, or other structures shall be 60% of the gross area of the PN District.
(c)
Minimum required open space.
[1]
A minimum of 35% of the adjusted tract acreage shall be open space, including parks, recreational, habitat, forest, agriculture, and stream and wetland preservation areas. Not less than 50% of the minimum required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, walking trails, other kinds of footpaths, a community park, or any combination of the above. In addition, no more than 50% of the minimum required open space may be comprised of active recreation facilities, such as playing fields, golf courses, tennis courts, etc.
[2]
Open space land shall be permanently protected through conservation easements and may be developed for uses consisting of the following:
[a]
Agricultural uses, including horticultural, and the raising of crops, and buildings related to the same;
[b]
Woodlots, arboreta, and other similar silvicultural uses;
[c]
Woodland preserve, game preserve, wildlife sanctuary, conservation meadows, or other similar conservation uses;
[d]
Municipal or public uses (including spray irrigation area), public park or recreation area owned and operated by a public or private nonprofit agency, or governmental or public utility buildings or uses, not to include business facilities, storage of materials, trucking or repair facilities, or the housing of repair crews;
[e]
Active recreation, if it is noncommercial in nature and provided that no more than 50% of the minimum required open space is so used. Parking areas and any roofed structures associated with the active recreation may not be included within the 50% minimum; and
[f]
Private active or passive recreational uses by residents of the PN District once approved by the Town Commissioners and the Planning Commission.
[3]
PN developments shall include multiple greens, commons, or passive parks measuring a total of at least 1,500 square feet for each dwelling unit, plus 500 square feet of land for active recreation per dwelling unit.
(2)
Residential unit mix.
Unit Type | Minimum Percentage | Maximum Percentage |
|---|---|---|
Single-family dwelling | 50% | 80% |
Two-family dwelling | 5% | 20% |
Townhouse | 10% | 40% |
Multifamily | 0% | 20% |
(3)
Each PN development shall contain a mixture of at least three of the four housing types. The Town Commissioners and the Planning Commission may vary this phase requirement if it is satisfied that at build-out, at least three of the four housing types are included in the overall PN development.
F.
Land use table for the PN District. The following uses apply in the PN District. The land use table is intended to permit the following uses, or uses which are substantially similar to the uses set forth herein. Notwithstanding any provision herein, all existing land uses within a PN District shall be permitted to continue until the development of the particular phase of an approved PUD plan.
Class | Use Description | PN | ||||
|---|---|---|---|---|---|---|
SRA | SFA | CRA | VC | CA | ||
1.00.000 | Reserve | |||||
Forestry | ||||||
Wildlife conservation and refuge area | ||||||
Greenhouse | ||||||
2.00.000 | Residential | |||||
Dwelling - single-family | P | P | ||||
Dwelling - two-family | P | P | ||||
Dwelling - multifamily | P | P | P | |||
Dwelling - townhouse | P | P | P | |||
3.00.000 | Accessory Dwelling Unit (size limited to 50% of principal structure; not to exceed 1,500 square feet) | |||||
In conjunction with a principal residential use (limited to 1 accessory dwelling unit per parcel) | SE | SE | ||||
In conjunction with a principal commercial use | SE | SE | ||||
4.00.000 | Home-Based Business | |||||
Type 1 home-based business | P | P | ||||
Type 2 home-based business | SE | SE | ||||
Day-care center, group | P | SE | P | |||
Bed-and-breakfast | SE | SE | ||||
5.00.000 | Institutional | |||||
Schools, public | SE | P | SE | P | ||
Schools, private | SE | P | SE | P | ||
Churches and parish halls, temples and convents and monasteries, houses of worship | SE | P | SE | P | ||
Libraries, museums | P | P | P | |||
Private clubs | P | P | ||||
Medical facility or clinic for human care | P | P | ||||
Funeral home | P | |||||
6.00.000 | Recreation, Amusement, Entertainment | |||||
Athletic fields | P | P | ||||
Community center including indoor recreation | P | P | P | P | ||
Indoor recreation | P | |||||
Theater, indoor | P | |||||
Privately owned country clubs or swimming or tennis clubs approved as part of some residential development | P | P | ||||
7.00.000 | Emergency Services | |||||
Fire stations without assembly hall | P | P | P | P | ||
Fire station with assembly hall | P | P | P | |||
Rescue squad, ambulance service | P | P | P | P | ||
8.00.000 | Utilities | |||||
Essential service | P | P | P | P | P | |
9.00.000 | Commercial - Service | |||||
Barbershop, beauty salon, nail salon | P | P | ||||
Service establishments, including laundry or laundromat, appliance repair, equipment or instrument repair or rental, dry cleaning pickup station or plant, hairdresser shop, pet grooming shop, upholstery shop, tailor and other similar uses | P | P | ||||
Repair facilities for household items, domestic appliances, clothes, materials, television, radio, or other electronic equipment | P | P | ||||
Advertising agencies | P | P | ||||
Studios of a photographer, artist and writer, including teaching studios for art, crafts, drama, dance and music | P | P | ||||
Bakery | P | P | P | |||
Financial institutions, building and loan associations, savings and loan associations, banks, credit unions, mortgage companies, or finance offices or other financial institutions | P | P | ||||
Business uses including insurance, real estate, and computer centers | P | P | ||||
Professional uses including medical, legal, engineering, surveying, and architectural offices and other uses of a similar nature | P | P | ||||
Health club | P | SE | ||||
Entertainment uses including nightclubs, bars, and dance halls | SE | |||||
Hotel | P | SE | ||||
Veterinary office, animal clinic | P | |||||
10.00.000 | Commercial - Retail and Wholesale | |||||
Specialty food stores including but not limited to coffee shops, ice cream, organic foods, and delicatessen | P | SE | P | |||
Specialty retail stores | P | P | ||||
Antique shop | P | P | ||||
Florist shop | P | P | ||||
Convenience/mini-market but not including gasoline pumps | P | P | ||||
General merchandise | P | P | ||||
Convenience commercial | P | P | ||||
Alcoholic beverage sales/liquor stores, off-site | P | |||||
Grocery store | P | |||||
Restaurant | P | P | ||||
Restaurant, carry-out, delivery | P | SE | ||||
Catering establishment | P | P | ||||
Key: |
|---|
P - Permitted use within zoning district or subdistrict. |
SE - Use subject to special exception from the Board of Zoning Appeals. |
§ 210-33 Performance guidelines for PN District.
A.
Purpose and intent. The purpose and intent for establishing performance guidelines for the PN District is:
(1)
To preserve and enhance the unique character of Preston's village image while integrating new development into the overall fabric of the community. The Preston community expects every developer, large or small, to adhere to the design standards and guidelines manual and the following basic design provisions in Subsection D below;
(2)
To encourage creative design and innovative approaches to achieve the community character contemplated in the Town's Comprehensive Plan; and
(3)
To ensure that each incremental addition to the Town is designed in manner that is mindful of what has come before and contributes to the achievement of overall community design objectives.
B.
Specific goals and objectives. The goals and objectives of the PN Design Performance Guidelines are to:
(1)
Design for the human scale and perceptions to create a sense of neighborhood and community.
(2)
Enhance Preston's sense of place in its rural and regional setting by maintaining the small town feel while keeping new development in harmony with nature.
(3)
Create a pleasant and functional pedestrian realm that consists of common open spaces, tree-lined streets, landscaped areas (between public and private spaces) and utility corridors.
(4)
Encourage internal and peripheral open space.
(5)
Create neighborhood centers or town centers within walking distance of all surrounding neighborhoods. Transition areas should be included between residential neighborhoods.
(6)
Design for neighborhood and collector streets internal to the community.
(7)
Integrate buildings of smaller scale in a pattern of various footprints.
(8)
Plan for mixed and multiple land uses; also include a mix of housing types and incomes and a horizontal and vertical mix of uses.
(9)
Utilize appropriate details in building design.
C.
Applicability. The provisions of the PN Design Performance Guidelines shall be considered during the review of all PUD plans, site plans, subdivision plans, or other permits or applications for new development, new construction involving structural alterations, and new structures, on all land zoned in the PN District.
D.
Design provisions. The Planning Commission will rely on the Comprehensive Plan and the PN Design Performance Guidelines concerning issues of design, neighborhood and community character, and compatibility. In general, these call for the following characteristics, which shall be set forth on a set of drawings, plans, and/or elevations sufficient to permit the Planning Commission to apply the following standards:
(1)
General design provisions. The following standards generally apply to development proposed in the PN District:
(a)
The architectural design of structures and their materials and colors should be visually harmonious with the overall appearance, history, and cultural heritage of the Town, with natural landforms and existing vegetation and with other development plans approved by the Town.
(b)
Specific consideration should be given to compatibility with adjacent properties where such projects demonstrate the Town's character.
(c)
Facing buildings should not differ in height by more than 2:1, excluding church steeples, decorative cornices, chimneys, and the like.
(d)
Fencing along the highway right-of-way is discouraged, but, if used, such fencing should be of quality materials (brick, stone, wood) and should be landscaped to minimize visibility from the highway.
(e)
Materials should be used that have similar texture and appearance as appropriate to the Town's character.
(f)
Exterior materials should be natural in appearance, with preference given to wood or wood appearance siding, stone, and brick. Exterior building colors should be traditional or muted tones.
(g)
Block lengths should be varied with no block length greater than 500 feet. Blocks greater than 400 feet should provide a mid-block pedestrian cut through.
(2)
Residential SRA. In addition to the general design provisions set forth in Subsection D(1) above, the following guidelines generally apply in the Single-Family Residential Areas (SRA) of the PN District:
(a)
Residential design styles should reflect vernacular architecture.
(b)
Repetitious housing styles within individual neighborhoods are discouraged.
(c)
Porch frontages are encouraged on all single-family dwellings.
(d)
Residential buildings should front on and enclose public ways.
(e)
Build-to lines (BTL) should include appropriate variations to encourage neighborhood identity and creativity.
(f)
Lot widths within individual neighborhoods should be varied. Orientation of housing can also vary.
(g)
Lot widths should be designed to ensure that garages do not dominate the front facade of residential structures.
(h)
Traditional roof pitches and multiple rooflines are encouraged.
(i)
Modern or contemporary design is discouraged.
(3)
Residential CRA. In addition to the general design provisions set forth in Subsection D(1) above, the following guidelines generally apply in the Central Residential Area (CRA) of the PN District:
(a)
In general, townhouses and multifamily dwellings should adhere to the architectural guidelines of single-family and two-family dwellings.
(b)
Townhouses and multifamily dwellings should blend into the overall character of the neighborhoods.
(c)
Multifamily dwellings should appear as large single-family units. Small groups of town homes, four or fewer, may be designed to appear as large single-family dwellings.
(d)
Single-family dwellings should be mixed with other permitted housing types.
(e)
No more than six units should be included in a single townhouse unit group. Each unit should have a distinct architectural appearance, but the overall appearance of the units should be compatible with and complementary to adjacent single-family residential units and the other units in the neighborhood.
(f)
Parking for townhouses and multifamily dwellings should be located to the rear or side of the units.
(g)
The majority of multifamily dwellings should be located in the Central Residential and Village Center Areas of the community.
(4)
Commercial SFA and VC. In addition to the general design provisions set forth in Subsection D(1) above, the following guidelines generally apply in the Storefront Area (SFA) and Village Center Area (VC) of the PN District:
(a)
Large work area doors or open bays shall not open toward or face the public ways.
(b)
HVAC and other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway, public rights-of-way, or adjoining noncommercial areas. Large trash receptacles, dumpsters, utility meters, and aboveground tanks, etc., shall be similarly treated.
(c)
All facades that face public ways should be designed in an aesthetically pleasing manner. Facade designs should include architectural relief features to prevent monotony, repetition or an obvious commercial appearance.
(d)
Building massing should reflect proportion and scale appropriate to the existing Town design.
(e)
In the VC, nonresidential building height should be compatible with the scale of the surrounding residential neighborhood.