Sparta City Zoning Code
PARKING, DEVELOPMENT
AND DESIGN STANDARDS
§ 156.055 OFF-STREET PARKING AND LOADING.
There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area; or before conversion from one type of use or occupancy to another, permanent off-street parking space in the amount specified by this section. The parking space may be provided in a parking garage or properly graded open space.
(A) Certification of minimum parking requirements. Each application for a zoning permit submitted to the Zoning Enforcement Officer, as provided for in this chapter, shall include a scale drawing and other information as to the location and dimensions of off-street parking and loading space and the means of entrance and exit to the space. This information shall be in sufficient detail to enable the Zoning Enforcement Officer to determine whether or not the requirements of this section are met.
(B) Minimum off-street parking requirements. The following off-street parking spaces shall be required:
Required Off-Street Parking |
Required Off-Street Parking | |
Residential and Related Uses | |
Any residential use consisting of 1 or more dwelling units | 2 parking spaces for each dwelling unit |
Customary home occupations | In addition to residence requirements, 1 parking space per 100 square feet devoted to the home occupation use |
Mobile homes | 2 spaces for each mobile home |
Rooming and boarding houses | 1 space for each 3 guest rooms, plus 1 additional space for the owners or managers |
Institutional Public and Semipublic Uses | Every building or structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. The space shall have access to an alley, or if there is no alley, to a street. For the purposes of this section, an off-street loading space shall have a minimum dimension of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade |
Churches and funeral homes | 1 space for each 4 seats in the main chapel |
Elementary school and junior high, both public and private | 1 space for each school employee |
Hospitals | 1 space for each 4 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for each 4 employees |
Libraries | 1 space for each 4 seats provided for patron use |
Medical offices and clinics | 4 spaces for each doctor practicing at the clinic, plus 1 space for each employee |
Places of public assembly including private clubs and lodges, auditoriums, dance halls, pool halls, theaters, stadiums, gymnasiums, amusement parks, community centers and all similar places of public assembly | 1 space for each 4 fixed seats provided for patron use, plus 1 space for each 100 square feet of floor or ground area used for amusement or assembly, but not including fixed seats |
Rescue squads and armories | Parking space equivalent to 3 times the floor space in the main building |
Sanitariums, rest and convalescent homes, homes for the aged and similar institutions | 1 space for each 6 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for each employee |
Senior high schools and colleges, both public and private | 1 space for each 2 students for whom the school was designed, plus 1 space for each employee |
Business Uses | Every building or structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. The space shall have access to an alley, or if there is no alley, to a street. For the purposes of this section, an off-street loading space shall have a minimum dimension of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade |
Automobile sales and repair garages | 1 space for each 2 employees at maximum employment on a single shift, plus 2 spaces for each 300 square feet of repair or maintenance space |
Hotels, motels, tourist homes and tourist courts | 1 space for each rental unit, plus 1 additional space for each employee on shift of largest employment |
Offices, business, professional, public, including banks | 1 space for each 200 square feet of gross floor area |
Restaurants, brewpubs, microbreweries | 1 space for each 3 seating accommodations, plus 1 space for each employee on shift of largest employment |
Restaurants, drive-in | Parking space equivalent to 5 times the floor space in the main building |
Retail business and consumer service outlets | 1 space for each 200 square feet of gross floor area |
Service stations | 2 spaces for each gas pump, plus 3 spaces for each grease rack or similar facility |
Shopping centers | 3 square feet of parking space for each square foot of gross floor area |
Manufacturing and Wholesale | Every building or structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. The space shall have access to an alley, or if there is no alley, to a street. For the purposes of this section, an off-street loading space shall have a minimum dimension of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade |
Industrial and wholesale operations | 1 loading space for each 10,000 square feet of gross floor area or fraction thereof |
Manufacturing, industrial and wholesale operations | 3 spaces for each 4 employees at maximum employment on a single shift |
Retail operations | 1 loading space for each 5,000 square feet of gross floor area or fraction thereof |
(Ord. passed 9-10-1984; Ord. passed 11-7-2017)
§ 156.056 BUFFER STRIPS AND LANDSCAPE SCREENING.
(A) Landscaping and buffer strip requirements are established to improve the appearance of vehicular use areas, outdoor storage yards and utility areas; to require buffering between incompatible land uses; to protect the character and value of surrounding areas; and reduce noise pollution, air pollution, heat and artificial light glare.
(B) Where any property being developed for commercial, business or industrial purposes shall abut a residential district, the owner or developer of the business or industrial property or his or her agent shall cause to be planted on the common boundary an evergreen buffer strip consisting of one row of evergreen trees no more than 15 feet apart and one row of dense shrubs at least five feet apart. The trees shall be at least five feet in height and the shrubs two feet in height at the time of installation.
(C) The owner or developer of any new or expanded mobile home park or Planned Development, or his or her agent, shall cause to be planted a buffer strip described in division (B) above along the boundaries of the park or Planned Development that abut other uses.
(D) Outdoor storage areas shall be screened from abutting properties by a landscape screen consisting of one row of large evergreen shrubs spaced at least five feet apart or one row of evergreen trees spaced at least ten feet apart located between the required fence and the property line.
(E) Outdoor activity areas for kindergartens, service station yards and outdoor utility areas and similar uses shall be screened from abutting properties by a landscape screen consisting of one row of large evergreen shrubs spaced at least five feet apart located between the required fence and the property line.
(F) Off-street parking areas shall be screened on the sides and rear by a landscape screen consisting of one row of large evergreen shrubs spaced at least five feet apart located between the parking lot and property line.
(G) Landscaping shall be required along any front or side property line that abuts the right-of-way of a street, road or highway. The landscaping shall be provided as follows.
(1) A landscaping strip of at least six feet in depth shall be located between the abutting right- of-way and any off-street parking, loading or other vehicular use areas, except where driveway openings are to be provided.
(2) The landscaping strip shall be planted in accordance with the following standards: one hardwood tree shall be planted for each 40 linear feet of the landscaping strip. Trees in this strip must have all branches removed to a height of six feet and be at least two inches in diameter.
(H) The Zoning Enforcement Officer shall maintain a list of recommended plant materials for use in buffer strips and landscape screens.
(I) The developer should make every reasonable effort to preserve existing vegetation. By preserving existing vegetation, potential erosion and sedimentation are minimized and vegetated buffer zones for the use of the residents are provided. The Planning Board may allow the developer to substitute suitable existing vegetation for specific requirements (or any part thereof) of divisions (A) through (F) above.
(Ord. passed 9-10-1984; Ord. passed 8-27-2019)
§ 156.057 DEVELOPMENT STANDARDS FOR MULTIPLE-FAMILY PROJECTS AND GROUP DEVELOPMENTS.
(A) General. Two-family, multi-family developments and group projects are required to meet certain development standards to ensure compatibility with surrounding land uses, provide for attractive, well-planned projects and to promote the public health, safety and welfare of the town. All multiple- family developments must be reviewed and approved prior to start of construction by the Zoning Enforcement Officer after review and recommendations by the Planning Board.
(B) Development standards.
(2) Plans required. Plans are required before any consideration is granted by the Zoning Enforcement Officer. At least five copies of all required plans, drawings and specifications shall be filed at the time of application. These plans and specifications shall furnish the following information:
(a) General information. Including topographical features, streams, vegetation, soil types, flood prone areas, historic sites and other features;
(b) Timing of development. The proposed schedule of development including phases or stages likely to be followed;
(c) Public water and sewer system. Location of public water and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants and other necessary features. All multiple-family projects must have public water and sewer service or approved treatment facilities as required by the appropriate state or local authorities;
(d) Storm water drainage system. Proposed storm water drainage system;
(e) Streets, curbs and gutters; street lights. Proposed location and design of streets, curbs and gutters and street lights;
(f) Grading plan and sedimentation control measures. Proposed grading plan and sedimentation control measures;
(g) Street access, easements, monuments, property lines. Proposed street access, easements, monuments and property lines;
(h) Sidewalks. Proposed location and design of sidewalks;
(i) Floor plans and building layouts. Proposed location and floor plans of all proposed structures;
(j) Parking, loading, circulation. The proposed location and extent of parking and loading areas, including parking spaces and circulation routes shall be shown as required in § 156.055;
(k) Landscaping, screening, fencing. Proposed landscaping, screening, and fencing as required by § 156.056;
(l) Existing vegetation. The developer should make every reasonable effort to preserve existing vegetation. By preserving existing vegetation, potential erosion and sedimentation are minimized and vegetated buffer zones for the use of the residents are provided;
(m) Refuse collection. All refuse containers shall be located on a concrete, asphalt or similar base abutting a driveway and shall be enclosed with the exception of the driveway side, by a wood or masonry fence or wall at least six feet in height. One refuse container having at least an eight cubic yard capacity shall be required for every ten dwelling units;
(n) Names and the like. Name of development, names and addresses of the owner(s), designer or surveyor;
(o) Date and the like. Date, scale and north arrow;
(p) Boundaries. Boundaries of the tract with bearings and distances; and
(q) Vicinity map. Vicinity map showing the location of the project, surrounding land uses and names and addresses of all adjoining property owners.
(Ord. passed 9-10-1984)
§ 156.058 DEVELOPMENT STANDARDS FOR MOBILE HOME PARKS.
(A) General. Mobile home parks located in RA Residential-Agricultural zones are required to meet certain development standards to ensure compatibility with surrounding land uses, provide for attractive, well planned projects and to promote the public health, safety and welfare of the town. The Zoning Enforcement Officer shall review development plans for mobile home parks prior to the start of construction. The Planning Board shall have the opportunity to review the plans and make recommendations regarding the proposed park.
(B) Site plan requirements. Plans are required before any consideration is granted by the Zoning Enforcement Officer. At least five copies of all required plans, drawings and specifications shall furnish the following information:
(1) General information. Including topographical features, streams, vegetation, soil types, flood prone areas, historic sites and other features;
(2) Timing of development. The proposed schedule of development including phases or stages likely to be followed;
(3) Public water and sewer system. Location of public waters and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants and other necessary features. All mobile home parks must have public water and sewer service or approved treatment facilities as required by the appropriate state or district authorities;
(4) Storm water drainage system. Proposed storm water drainage system;
(5) Streets, curbs and gutters, electrical systems and street lights. Proposed location and design of streets, curbs and gutters, electrical systems and street lights;
(6) Grading plan and sedimentation control measures. Proposed grading plan and sedimentation control measures;
(7) Street access, easements, monuments and property lines. Proposed street access, easements, monuments and property lines;
(8) Sidewalks. Proposed location and design of sidewalks;
(9) Parking, loading, circulation. The proposed location and extent of parking and loading areas, including parking spaces and circulation routes, shall be shown as required in § 156.055;
(10) Floor plans and building layouts. Proposed location and floor plans of all proposed structures, including numbers and dimensions of all mobile home spaces;
(11) Landscaping, screening and fencing. Proposed landscaping, screening and fencing as required by § 156.056;
(12) Existing vegetation. The developer should make every reasonable effort to preserve existing vegetation. By preserving existing vegetation, potential erosion and sedimentation are minimized and vegetated buffer zones for the use of the residents are provided. The Planning Board may allow appropriate existing vegetation to substitute for buffer strip and landscape screen requirements if the intent of this chapter as expressed in § 156.056 is upheld;
(13) Refuse collection. Proposed method of collection and location of receptacles. All refuse containers shall be located on a concrete, asphalt or similar base abutting a driveway, and shall be enclosed with the exception of the driveway side, by a wood or masonry fence or wall at least six feet in height. One refuse container having at least an eight cubic yard capacity shall be required for every ten mobile home spaces. Two individual containers per space may be used as an alternative to this standard;
(14) Names and the like. Name of park, names and addresses of the owner(s), designer or surveyor;
(15) Date and the like. Date, scale and north arrow;
(16) Boundaries. Boundaries of the tract with bearings, distances and metes and bounds; and
(17) Vicinity map. Vicinity map showing the location of the park, surrounding land uses and names and addresses of all adjoining property owners.
(C) Development standards.
(1) Minimum area. Each mobile home park shall be developed on a tract not less than two acres in size and shall contain at least five mobile home spaces available at first occupancy.
(2) Lot requirements. Each mobile home lot or space shall consist of a minimum of 6,000 square feet and shall have a minimum width of 50 feet at the street line. Each mobile home space shall be designated by permanent markers located on the ground and may be occupied by only one mobile home at any time. All mobile home spaces or a density no greater than five mobile homes per gross acre is permitted.
(3) Setbacks.
(a) No mobile home shall be located closer than:
1. Forty feet from a state highway or city street right-of-way;
2. Thirty feet from the exterior boundary of the park;
3. Twenty feet from another mobile home; and
4. Twenty feet from an internal street in the park.
(b) Distances shall be measured from the outermost part of the unit, including tongue.
(4) Streets and driveways. All streets within the mobile home park shall be paved. The access streets must be connected with a state or city street or highway. All internal streets must have a paved width no less than 18 feet with an eight-foot shoulder on at least one side of the street. Each mobile home space must be served by a driveway (surfaced as per division (C)(5) below) connecting to an internal street. No space shall have direct access to a town street or state highway. All streets shall meet town standards and must be approved by the Public Works Superintendent.
(5) Off-street parking. Each mobile home space shall have two off-street parking spaces surfaced with pavement or a minimum of four inches of crushed stone or gravel, extending to the internal street serving the space.
(6) Cul-de-sacs. Dead-end streets exceeding 300 feet shall be provided with a cul-de-sac paved to a minimum of 45 feet in diameter.
(7) Signs. Permanent signs for identification of mobile home parks shall be no more than 50 square feet in size and no closer than 20 feet to any property line. One sign per park is permitted. Illumination of the signs must be indirect, nonflashing and the source must not be visible from adjoining property or public streets or roads.
(8) Buffer strips. Buffer strips as required by § 156.056 shall be provided by the developer on park boundaries. All vegetation must be maintained in a healthy condition by the owner or developer. Dead or damaged plants shall be replaced promptly.
(9) Water and sewerage service.
(a) Mobile home parks shall install public water and sewerage systems as per town sizes, standards and specifications. After construction, the systems shall be dedicated to the town for operation and maintenance. If town water and sewerage services or the proposed park is outside the town boundary, the developer shall construct approved systems which must be approved by the appropriate state agency prior to the approval of park development plans by the Planning Board. If a public water supply system is to be used and ten or more mobile homes are to be served, certification of approval of water supply system plans by the Sanitary Engineering Division of the State Board of Health is required. If four or more, but less than ten mobile homes are served, certification of the approval of the water supply system plans by the Appalachian District Health Department is required.
(b) If a public sewage collection system is to be used, certification of approval of the sewage collection system and a treatment facilities plan by the Division of Environmental Management is required. If individual septic tanks are used or are to be used, certification of the acceptability of the site for use of septic tank systems by the Appalachian District Health Department is required.
(10) Fire protection. Fire hydrants shall be installed to provide unobstructed access within 500 feet from any mobile home space.
(11) Drainage. Each mobile home space shall be graded so as to provide proper drainage. No mobile home space shall be located in an area subject to flooding or seasonal high water table. (See town flood maps or county soil survey.)
(12) Street lighting. All streets in the mobile home park shall be adequately illuminated from sunset to sunrise. The minimum street light size shall be 175-watt mercury vapor fixtures at not less than 250-foot intervals. Underground electrical services are required within the park.
(13) Selling by individual. Mobile homes shall not be sold within a mobile home park, except that an individual mobile home owner shall be allowed to sell the mobile home in which he or she resides and except as set out in division (C)(15) below.
(14) Administrative office. Within a mobile home park, one mobile home may be used for an administrative office.
(15) Selling by operator. The owner or operator of a mobile home park shall not sell mobile homes on or within a mobile home park unless the mobile home unit for sale shall be placed individually and separately upon an existing mobile home space where all design standards and utilities have been completed as specified by this chapter and unless the mobile home is being occupied as a residence.
(16) Garbage and refuse. All garbage and refuse in every mobile home park shall be stored in suitable water-tight and fly-tight receptacles. The method of garbage and refuse disposal shall be approved by the Appalachian District Health Department if not served by municipal garbage collection. If dumpster-type containers are to be used, all units shall be located on a concrete, asphalt or similar base abutting a driveway and shall be enclosed, with the exception of the driveway side, with a wood or masonry fence at least six feet in height. One refuse container with at least an eight cubic yard capacity shall be required for every ten mobile home spaces.
(17) Foundations and the like. Each mobile home unit within a mobile home park shall be secured by adequate foundations, tie-downs and anchors so as to conform to the state regulations for mobile homes. All mobile homes shall be skirted with approved materials if not placed on a permanent foundation.
(18) Registration of occupants. Every mobile home park owner or operator shall maintain an accurate register containing a record of all occupants and owners of mobile homes in the park. The register shall contain the following information:
(a) Name of owner or occupant;
(b) Mobile home space number;
(c) Make, model and registration number of mobile home; and
(d) Date when occupancy within the mobile home park begins and date when occupancy within the mobile home park ceases
(D) Local review.
(1) The Planning Board shall review the preliminary development plan to determine if the standards in § 156.057(B)(2) and (C) have been met. The Planning Board shall have 30 days to approve or disapprove the plans and make its recommendation to the Zoning Enforcement Officer for approval or disapproval.
(2) The Zoning Enforcement Officer, based on his or her findings and the recommendations of the Planning Board, shall approve or disapprove the mobile home park plan. If approved, the Zoning Enforcement Officer shall issue the owner or developer a construction permit, retain one copy of the plan for himself or herself, and forward one copy of the plan to the developer. If disapproved, the reasons for the action and the recommended changes shall be given to the park developer or his or her agent.
(E) Issuance of permits.
(1) After approval of the mobile home park plan, the Zoning Enforcement Officer is authorized to issue a construction permit. The intent of this permit is to enable the construction of the park according to the approved plans and shall not be construed to entitle the recipient to offer spaces for rent or lease, or to operate a mobile home park as defined in this chapter.
(2) When the construction of the mobile home park is completed, the developer shall apply to the Zoning Enforcement Officer for an operating permit. The Zoning Enforcement Officer, the electrical inspector and a representative of the Appalachian District Health Department (if applicable) shall make an on-site inspection of the park.
(a) If the park meets the development standards, the Zoning Enforcement Officer shall issue the developer an operating permit.
(b) If the park does not meet the development standards, the Zoning Enforcement Officer shall delay issuance of the operating permit until it meets the development standards.
(c) When a mobile home park is to be developed in stages, the proposed park plan shall be submitted for the entire development and application for an operating license may be made for each stage developed.
(F) Nonconforming mobile home parks.
(1) Nonconforming mobile home parks shall refer to any mobile home park within the Residential-Agricultural District which does not conform to all of the provisions of this section, with the exception of division (C)(1) above.
(2) Beginning with the passage of this chapter, a nonconforming mobile home park shall not be enlarged or altered so as to create additional spaces until the park has been made to conform to the provisions of this chapter with the exception of this section.
(3) Other regulations regarding nonconforming mobile home parks as § 156.093.
(G) Nonconforming uses. Nonconforming uses shall refer to a mobile home park located in any other zone than the RA Residential-Agricultural zone, regardless of park layout, design or density. Nonconforming uses shall not be expanded, nor additional mobile home spaces be added to the park.
(Ord. passed 9-10-1984)
§ 156.059 PROVISIONS FOR MOBILE HOMES ON SINGLE LOTS.
Mobile homes are permitted on individual lots in R-8 and RA districts subject to the following conditions:
(A) The lot must be recorded as an individual lot;
(B) If municipal utilities are not available, the well and/or septic tank must be approved by the Appalachian District Health Department;
(C) All yard dimensional requirements for the respective district must be met;
(D) The lot must have legal access to a public street; and
(E) A certificate of occupancy must be issued by the Zoning Enforcement Officer after these conditions and all other code requirements are met and before the unit can be occupied.
(Ord. passed 9-10-1984)
§ 156.060 CUSTOMARY HOME OCCUPATIONS.
Customary home occupations may be established in a dwelling in any residential district. The following requirements shall apply in addition to all other applicable requirements of this chapter for the residential district in which the uses are located.
(A) The home occupation shall be clearly incidental and subordinate to the residential use of the dwelling and shall not change the residential character of the dwelling.
(B) Use of the dwelling for home occupations shall be limited to 25% of one floor of the principal building.
(C) Residents of the dwellings only may be engaged in the home occupations (except that not more than one assistant may be employed by the following professional persons: lawyers, physicians, dentists, chiropractors, accountants or other similar professions).
(D) No display of products shall be visible from the street and only products made on the premises may be sold on the premises.
(E) No internal or external alterations inconsistent with the residential use of the building shall be permitted.
(F) No machinery that causes noises or other interferences in radio and television reception shall be allowed.
(G) Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the customary home occupation.
(H) No chemical, electrical or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, with the exception of medical and dental equipment used for professional purposes.
(I) Unless otherwise specified, customary home occupations may employ one sign, not more than one square foot in area, which may not be illuminated.
(J) Parking space shall be provided as per § 156.055 for the home occupation use.
(K) Accessory buildings may be used for the home occupation; provided, all setback requirements are met and no more than 15% of the lot area is used for business purposes.
(L) No open storage of parts, materials, supplies or finished products is permitted on the premises.
(Ord. passed 9-10-1984)
§ 156.061 DEVELOPMENT STANDARDS FOR SEASONAL AGRICULTURAL WORKER DEVELOPMENTS.
(A) Seasonal agricultural worker developments located in the LI Light Industrial zone are required to meet certain development standards to ensure compatibility with surrounding land uses, provide for attractive, well planned projects and to promote the public health, safety and welfare of the town. The Zoning Enforcement Officer shall review development plans for seasonal agricultural worker developments prior to the start of construction. The Planning Board shall have the opportunity to review the plans and make recommendations regarding the proposed development. Once a special use permit is granted for a seasonal agricultural worker development, any material alterations or additions to the original plan must be approved by the Board of Adjustment following a new public hearing and shall be subject to any new conditions designated by the Board of Adjustment.
(1) All seasonal agricultural worker developments shall comply with the standards set forth in NCGS 95-222 through 95-229, the Migrant Housing Act of North Carolina.
(2) All seasonal agricultural worker developments shall comply with the standards set forth in OSHA Standard for Temporary Labor Camps, codified as 29 CFR 1910.142 - Temporary Labor Camps. Owners/operators of seasonal agricultural worker developments shall be responsible for compliance with applicable US Department of Labor requirements regarding worker documentation.
(B) Site plan requirements. Plans are required before any consideration is granted by the Zoning Enforcement Officer. At least five copies of all required plans, drawings and specifications shall furnish the following information as applicable:
(1) General information. Including topographical features, streams, vegetation, soil types, flood prone areas, historic sites and other features;
(2) Timing of development. The proposed schedule of development including phases or stages likely to be followed;
(3) Public water and sewer system. Location of public waters and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants and other necessary features. All seasonal agricultural worker developments must have public water and sewer service or approved treatment facilities as required by the appropriate state or district authorities;
(4) Storm water drainage system. Proposed storm water drainage system;
(5) Streets, curbs and gutters, electrical systems and street lights. Proposed location and design of streets, curbs and gutters, electrical systems and street lights;
(6) Grading plan and sedimentation control measures. Proposed grading plan and sedimentation control measures;
(7) Street access, easements, monuments and property lines. Proposed street access, easements, monuments and property lines;
(8) Sidewalks. Proposed location and design of sidewalks;
(9) Parking, loading, circulation. The proposed location and extent of parking and loading areas, including parking spaces and circulation routes, shall be shown as required in § 156.055;
(10) Floor plans and building layouts. Proposed location and floor plans of all proposed structures, including number of beds;
(11) Landscaping, screening and fencing. Proposed landscaping, screening and fencing as required in § 156.056;
(12) Existing vegetation. The developer should make every reasonable effort to preserve existing vegetation. By preserving existing vegetation, potential erosion and sedimentation are minimized and vegetated buffer zones for the use of the residents are provided. The Planning Board may allow appropriate existing vegetation to substitute for buffer strip and landscape screen requirements if the intent of this chapter as expressed in § 156.056 is upheld;
(13) Refuse collection. Proposed method of collection and location of receptacles.
(14) Recreational space/facilities. Proposed recreational spaces and/or facilities.
(15) Security. Proposed security measures, such as fence and gate, on-site property manager, etc.
(16) Date and the like. Date, scale and north arrow;
(17) Boundaries. Boundaries of the tract with bearings, distances and metes and bounds; and
(18) Vicinity map. Vicinity map showing the location of the seasonal agricultural worker development, surrounding land uses and names and addresses of all adjoining property owners.
(C) Development standards.
(1) Buffer strips. Buffer strips as required by § 156.056 shall be provided. All vegetation must be maintained in a healthy condition by the owner or developer. Dead or damaged plants shall be replaced promptly.
(2) Water and sewerage service. All seasonal agricultural worker developments must have public water and sewer service or approved treatment facilities as required by the appropriate state or district authorities.
(3) Garbage and refuse. All garbage and refuse shall be stored in suitable water-tight and fly-tight receptacles. If dumpster-type containers are to be used, all containers shall be located on a concrete, asphalt or similar base abutting a driveway, and shall be enclosed with the exception of the driveway side, by a wood or masonry fence or wall at least six feet in height. One refuse container having at least a six cubic yard capacity shall be required for every 40 beds in the development.
(4) Setbacks. All seasonal agricultural worker developments shall have the following setbacks:
(a) Front yard: 50 feet.
(b) Side yard: 50 feet.
(c) Rear yard: 50 feet.
(5) Lighting. All structures and parking areas in seasonal agricultural worker developments shall be adequately illuminated from sunset to sunrise. The minimum street light size shall be 175-watt mercury vapor fixtures, or equivalent.
(6) Paved access. All seasonal agricultural worker developments shall contain paved access from the street to all structures.
(D) Nonconforming seasonal agricultural worker developments.
(1) Nonconforming seasonal agricultural worker developments shall refer to any seasonal agricultural worker development within the light industrial district which does not conform to all of the provisions of this section.
(2) Beginning with the passage of this chapter, a nonconforming seasonal agricultural worker development shall not be altered so as to create additional dwelling units until the development has been made to conform to the provisions of this chapter with the exception of this section.
(3) Other regulations regarding nonconforming uses as per § 156.093.
(Ord. passed 4-4-2017)
§ 156.062 DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENTS.
(A) General. Planned developments are intended to permit a creative approach to the development of residential land; accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the zoning ordinance; provide for an efficient use of lower housing costs; enhance the appearance of neighborhoods through preservation of natural features, the provision of underground utilities where feasible, and the provision of recreation areas and open space; provide an opportunity for new approaches to living environment; and provide an environment of stable character compatible with surrounding residential areas. Planned developments are required to meet certain development standards to ensure compatibility with surrounding land uses, provide for attractive, well planned projects, and to promote the public health, safety and welfare of the town. The zoning enforcement officer shall review development plans for planned developments prior to presentation to the Board of Adjustment. The Planning and Zoning Board shall have the opportunity to review the plans and make recommendations regarding the proposed planned development.
(B) Uses permitted. Within a planned development, a building or premises shall be used for the permitted uses in the respective zoning district, as well as the following:
(1) Public or private recreation space.
(2) Customary accessory buildings, including private garages, non-commercial workshops, greenhouses, clubs, inns, and lodges which are accessory to the primary residential function of the development, and which are an integral part of the planned development.
(3) Private, non-commercial recreational facilities and buildings which are accessory to the primary residential function of the development, and which are an integral part of the planned development.
(C) Development standards.
(1) Minimum project size. Each planned development shall be developed on a tract not less than three acres in size.
(2) Lot, yard, landscaping, and height requirements. Lot size, lot width, yard, and height requirements as specified in § 156.076 are waived for planned developments, provided that the spirit and intent of this section are complied with in the total development plan, as determined by the Board of Adjustment. Landscaping requirements as specified in § 156.056 are waived for planned developments, provided that the spirit and intent of this section are complied with in the total development plan, as determined by the Board of Adjustment. The Board of Adjustment may determine that certain setbacks and landscaping be required within all or a portion of the perimeter of the site, and shall exercise ultimate discretion as to whether the total development plan complies with the spirit and intent of this section.
(3) Maximum density. The overall maximum density (dwelling units per acre) allowed in planned developments shall not exceed 50% in excess of the density which would be achieved under standard zoning regulations.
(4) Streets and driveways. All streets within planned developments shall meet the requirements of Chapter 155 - Subdivision Roads. The access streets must be connected with a state or city street or highway. Each lot within a planned development must be served by a driveway (surfaced as per division (C)(5) below) connecting to an internal street. No lot within a planned development shall have direct access to a town street or state highway.
(5) Off-street parking. Each dwelling unit within a planned development shall have two off-street parking spaces surfaced with pavement or a minimum of four inches of crushed stone or gravel, extending to the internal street serving the space.
(6) Signs. Permanent signs for identification of a planned development shall be no more than 50 square feet in size and no closer than 20 feet to any property line. One sign per planned development is permitted. Illumination of the signs must be indirect, nonflashing and the source must not be visible from adjoining property or public streets or roads.
(7) Buffer strips. Buffer strips as required by § 156.056 shall be provided by the developer on planned development boundaries. All vegetation must be maintained in a healthy condition by the owner or developer. Dead or damaged plants shall be replaced promptly.
(8) Water and sewerage service. Planned developments shall install public water and sewerage systems as per town sizes, standards and specifications. After construction, the systems shall be dedicated to the town for operation and maintenance. If town water and sewerage services is unavailable, or the proposed planned development is outside the town boundary, the developer shall construct systems which must be approved by the appropriate state agency prior to the approval of planned development by the Board of Adjustment.
(9) Garbage and refuse. All refuse containers shall be located on a concrete, asphalt or similar base, and shall be enclosed on three sides by a wood or masonry fence or wall at least six feet in height. One refuse container having at least an eight cubic yard capacity shall be required for every twenty lots. The method of garbage and refuse disposal shall be approved by the Appalachian District Health Department if not served by municipal garbage collection.
(10) Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. The minimum distance between buildings shall be 20 feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.
(11) Ownership, dedication and maintenance of common areas and facilities. All common areas and facilities, including but not limited to, roads, parking areas, open space, recreational areas, landscaping, common areas, lighting, signage, waste storage and pick-up facilities, within and a part of the planned development proposed for common ownership, and as shown on the site plan, shall be conveyed to a legally constituted property owners association and dedicated by recorded restrictive covenants running with the land that describe the areas and facilities and their maintenance and improvement requirements.
(12) Property owners association. Applicants for planned developments shall create a property owners association and submit to the zoning enforcement officer copies of all documents pertaining to the organization and operation of such association prior to approval of the site plans. The instruments shall include the following provisions:
(a) The association shall be established prior to the recording of a plat or the sale of lots or units.
(b) Open space areas shall be reserved in perpetuity.
(c) The association shall be responsible for liability insurance, local taxes, and the maintenance of all designated common facilities that may include streets, open space and recreational areas, pedestrian facilities, storm water facilities and easements.
(d) The association shall provide for the payment of member dues for the pro rata share of the cost. The assessments levied by the association may become a lien on the property of the members.
(e) The association shall have the right periodically to adjust the assessments to meet the changing needs of the development.
(13) Title transferred free of debt. Prior to the conveyance of the first lot in any planned development, all common areas and facilities shall be transferred free of debt to the property owners association created for that planned development.
(D) Local review.
(1) Site plan requirements. Plans are required before any consideration is given by the town. At least five copies of all required plans, drawings and specifications shall be furnished, and shall include the following information:
(a) General information. Including topographical features, streams, vegetation, soil types, flood prone areas, historic sites and other features;
(b) Timing of development. The proposed schedule of development including phases or stages likely to be followed;
(c) Public water and sewer system. Location of public waters and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants and other necessary features. All planned developments must have public water and sewer service or approved treatment facilities as required by the appropriate state or district authorities;
(d) Storm water drainage system. Proposed storm water drainage system;
(e) Streets, curbs and gutters, electrical systems and street lights. Proposed location and design of streets, curbs and gutters, electrical systems and street lights;
(f) Grading plan and sedimentation control measures. Proposed grading plan and sedimentation control measures;
(g) Street access, easements, monuments and property lines. Proposed street access, easements, monuments and property lines;
(h) Open space, communal space. Designated open space, recreational areas, and communally owned facilities;
(i) Sidewalks. Proposed location and design of sidewalks;
(j) Parking and circulation. The proposed location and extent of parking spaces and circulation routes, shall be shown as required in § 156.055;
(k) Floor plans and building layouts. Proposed location and floor plans of all proposed structures;
(m) Existing vegetation. The developer should make every reasonable effort to preserve existing vegetation. By preserving existing vegetation, potential erosion and sedimentation are minimized and vegetated buffer zones for the use of the residents are provided. The Board of Planning Board may allow appropriate existing vegetation to substitute for buffer strip and landscape screen requirements if the intent of this chapter as expressed in § 156.056 is upheld;
(n) Refuse collection. All refuse containers shall be located on a concrete, asphalt or similar base, and shall be enclosed on three sides by a wood or masonry fence or wall at least six feet in height. One refuse container having at least an eight cubic yard capacity shall be required for every twenty lots;
(o) Names and the like. Name of Planned Development, names and addresses of the owner(s), designer or surveyor;
(p) Date and the like. Date, scale and north arrow;
(q) Boundaries. Boundaries of the tract with bearings, distances and metes and bounds; and
(r) Vicinity map. Vicinity map showing the location of the planned development, surrounding land uses and names and addresses of all adjoining property owners.
(2) The Planning and Zoning Board and the zoning enforcement officer shall review the preliminary development plan to determine if the standards in this section have been met. The zoning enforcement officer shall have 30 days to review the plans and make a recommendation to the Board of Adjustment.
(4) Following issuance of conditional use permit for the planned development, the applicant must follow applicable procedures for subdivision approval detailed in Chapter 154 - Subdivisions.
(Ord. passed 8-27-2019)