Purpose and Content.

a)

The purpose of this district is to allow the conversion of existing buildings and the construction of new buildings for use as business and professional offices under carefully controlled conditions. It is the finding of the Planning and Zoning Commission that such offices can co-exist in harmony with residential uses in selected areas and with proper conditions and safeguards.

b)

The Planning and Zoning Commission is hereby authorized to permit business and professional offices as a Special Permit use within an area designated as an office development district and constructed in accordance with an approved office development district plan.

c)

This section delineates the areas within which office development districts may be established by amendment to the zoning map, sets forth conditions and requirements for the approval of an office development district plan, states the procedures for applications for designation and plan approval and establishes methods of enforcement.

15.1

Designation of Office Development District.

a)

Property that may be considered for designation as an office development district shall meet all the following requirements:

1)

It shall be located within the R-18 Zoning District.

2)

It shall not be located in subdivision approved by the Planning and Zoning Commission if the subdivision included the construction of a new road.

It shall either have frontage on a State numbered highway or have frontage on a Town road that directly feeds a State highway and be located no more than three hundred (300) feet distant from the State highway.

b)

Parcels that are presently used for business or professional offices and have valid non-conforming status are eligible for designation as an office development district in accordance with this section regardless of location.

15.2

Office Development District Plan Standards.

a)

All buildings and structures resulting from either renovation or new construction shall be architecturally compatible with the surrounding neighborhood in terms of style, size, height and bulk.

b)

For new construction, the gross floor area devoted to office use shall not exceed five thousand (5,000) square feet. Renovated buildings may have up to five thousand five hundred (5,500) square feet of gross floor area for office use.

c)

Off-street parking shall be provided at the rate of one (1) space for each two hundred (200) square feet of floor area used for office purposes, excluding stairways, storage areas and other such areas. A lesser amount will be acceptable only if it can be clearly shown that the plan will not result in employees, visitors or patrons parking on adjacent streets.

d)

Parking shall be prohibited in the required front yard. Parking is allowed in the required side and rear yards. All parking shall be screened from adjacent residential properties by fencing or landscaping.

e)

Off-site parking is permitted if it is on property under the same ownership or control as the principal site. It shall be subject to the same location and screening requirements as on-site parking. It shall be secured against unauthorized occupancy during non-business hours.

f)

One, unlighted sign identifying the occupants of the premises is allowed. It shall have an area of thirty-two (32) square feet or less.

g)

There shall be no outside storage of materials, overnight parking of non-passenger vehicles, nor any other such evidence of a nonresidential use.

h)

All the requirements of Section 4, Section 20 and Section 22 of these regulations shall apply as well as any other applicable requirements of these regulations. If there is a conflict, this section shall prevail.

15.3

Application Procedures and Approval.

a)

An application for designation as an office development district shall be made in the same manner as an application for a change in the zoning map per Section 25 of these Regulations.

b)

An application for approval of an office development district plan shall be submitted at the same time as the application for designation. The application shall consist of the Special Permit application form as supplied by the Planning and Zoning Commission together with the office development district plan.

c)

A public hearing on the application for designation and the application for approval of the office development district plan shall be held on the same date. Notice of hearing for designation shall be as required for a zone change and notice of hearing for plan approval shall be as required for a Special Permit.

d)

The Commission shall act upon the application for designation within the time limits specified for a zone change, and the application for plan approval within the time limits for a Special Permit. Action on both applications shall take place on the same date, except that an area must be designated as an office development district before an office development district plan may be approved. It is expressly stated herein that the Commission shall have the same legislative discretion in acting upon an application for designation that it has in acting upon any other application for an amendment to the zoning map.

15.4

Enforcement.

a)

Before any premises is used for business or professional offices, the owner or tenant shall have received written certification from the Zoning Enforcement Officer that the project as completed is in substantial compliance with the approved office development district plan.

b)

Any substantial change in an approved office development plan made without the approval of the Planning and Zoning Commission shall render both the plan and the designation null and void. The property may then be used only in accordance with the underlying zoning district. Substantial change shall specifically include an increase of more than five (5) percent in the area of office use, any change in the building other than a cosmetic change and any change in the Site Plan that would directly affect surrounding property.

c)

The Zoning Enforcement Officer may issue an order for correction if the premises are not maintained in accordance with the approved plan. The order shall state the condition to be corrected, the manner of correction and the time within which correction is to be made. The Zoning Enforcement Officer may modify his order if he has been shown because why the condition cannot be corrected in the manner or time set forth or if reasonable progress has been made. Appeal of any part of the order may be made to the Zoning Board of Appeals.

d)

If the premises are sold or is occupied by a new tenant, the new owner or tenant shall obtain written certification from the Zoning Enforcement Officer that the new occupancy is in substantial compliance with the approved office development district plan before the premises is so occupied. If the Zoning Enforcement Officer determines that the new occupancy is substantially different, then the Planning and Zoning Commission shall approve an amended office development district plan in the same manner as approval of the original plan. The Zoning Enforcement Officer may determine that a new occupancy having less office space is in substantial compliance.