Within the various zoning districts as described in this chapter and shown on the official zoning map, no land, building or structure shall be used except in accordance with the uses and standards permitted within each district.

(a)

Permitted uses:

(1)

Agricultural;

(2)

Farm operations (February 6, 2014);

(3)

Parks (February 6, 2014);

(4)

Riding stables (February 6, 2014); and

(5)

Single-family dwellings.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Bed and breakfasts;

(3)

Child caring institutions (June 6, 2013);

(4)

Community living arrangements (June 6, 2013);

(5)

Customary home occupations;

(6)

Day care services;

(7)

Group homes (June 6, 2013);

(8)

Kennels;

(9)

Livestock;

(10)

Outdoor rifle, pistol, skeet or archery ranges;

(11)

Personal care homes (June 6, 2013);

(12)

Pet cemeteries;

(13)

Plant nurseries;

(14)

Public utility facilities;

(15)

Religious institutions; and

(16)

Telecommunication antennas and towers.

(c)

Development standards:

(1)

Minimum lot area—Three acres;

(2)

Minimum lot width—250 feet;

(3)

Yard setbacks:

a.

From all streets—100 feet

b.

Side yard setbacks—50 feet;

c.

Rear yard setbacks—50 feet;

(4)

Maximum height of structures—35 feet; and

(5)

Minimum square footage of the principal structure—1,200 square feet.

(Revised February 6, 2014; Ord. No. 2019-11, § 1, 11-21-2019; Ord. No. 2019-12, § 1, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (homeowners' association recreation centers or swimming pools; parks; public uses; and public utility facilities); and

(2)

Single-family dwellings.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Beds and breakfasts;

(3)

Community living arrangements (June 6, 2013);

(4)

Customary home occupations;

(5)

Group homes (June 6, 2013);

(6)

Personal care homes (June 6, 2013); and

(7)

Religious institutions (October 18, 2007).

(c)

Development standards:

(1)

Minimum lot area—Two acres;

(2)

Minimum lot width at building line—250 feet;

(3)

Yard setbacks:

a.

From all streets—100 feet;

b.

Side yard setbacks—20 feet;

c.

Rear yard setbacks—50 feet;

(4)

Maximum height of structures—35 feet;

(5)

Minimum square footage of principal structure—1,800 square feet; and

(6)

Maximum lot coverage—25 percent.

(Revised June 6, 2013; Ord. No. 2019-11, § 2, 3, 11-21-2019; Ord. No. 2019-12, §§ 2, 3, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (homeowners' association recreation centers or swimming pools; parks; public uses; and public utility facilities); and

(2)

Single-family dwellings.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Beds and breakfasts;

(3)

Community living arrangements (June 6, 2013);

(4)

Customary home occupations;

(5)

Group homes (June 6, 2013);

(6)

Personal care homes (June 6, 2013); and

(7)

Religious institutions (October 18, 2007).

(c)

Development standards:

(1)

Minimum lot area—Three acres;

(2)

Minimum lot width at building line—150 feet;

(3)

Yard setbacks:

a.

From all streets—100 feet;

b.

Side yard setbacks—20 feet;

c.

Rear yard setbacks—50 feet;

(4)

Maximum height of structures—35 feet;

(5)

Minimum square footage of principal structure—2,000 square feet; and

(6)

Maximum lot coverage—25 percent.

(Revised June 6, 2013; Ord. No. 2019-11, §§ 4, 5, 11-21-2019; Ord. No. 2019-12, §§ 4, 5, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (parks; public uses; and public utility facilities); and

(2)

Single-family dwellings.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Beds and breakfasts;

(3)

Community living arrangements (June 6, 2013);

(4)

Customary home occupations;

(5)

Group homes (June 6, 2013);

(6)

Homeowners' association recreation centers or swimming pools; and

(7)

Personal care homes (June 6, 2013).

(c)

Development standards:

(1)

Minimum lot area—One acre;

(2)

Minimum lot width at building line—125 feet;

(3)

Yard setbacks:

a.

From a major or minor thoroughfare—80 feet;

b.

From a residential street—55 feet;

c.

Side yard setbacks—15 feet;

d.

Rear yard setbacks—30 feet;

(4)

Maximum height of structures—35 feet;

(5)

Minimum square footage of principal structure—2,000 square feet; and

(6)

Maximum lot coverage—25 percent (November 20, 1997).

(Revised June 6, 2013; Ord. No. 2019-11, §§ 6, 7, 11-21-2019; Ord. No. 2019-12, §§ 6, 7, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (homeowners' association recreation centers or swimming pools; parks; public uses; and public utility facilities); and

(2)

Single-family dwellings.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Community living arrangements (June 6, 2013);

(3)

Customary home occupations;

(4)

Group homes (June 6, 2013);

(5)

Personal care homes (June 6, 2013); and

(6)

Religious institutions (October 18, 2007).

(c)

Development standards.

(1)

Minimum lot area—One acre;

(2)

Minimum lot width at building line—125 feet;

(3)

Yard setbacks:

a.

From a major or minor thoroughfare—80 feet;

b.

From a residential street—55 feet;

c.

Side yard setbacks—15 feet;

d.

Rear yard setbacks—30 feet;

(4)

Maximum height of structures—35 feet;

(5)

Minimum square footage of principal structure—1,800 square feet; and

(6)

Maximum lot coverage—25 percent.

(Revised June 6, 2013; Ord. No. 2019-11, §§ 8, 9, 11-21-2019; Ord. No. 2019-12, §§ 8, 9, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (parks; public uses; and public utility facilities); and

(2)

Single-family dwellings.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Community living arrangements (June 6, 2013);

(3)

Customary home occupations;

(4)

Group homes (June 6, 2013);

(5)

Homeowners' association recreation centers or swimming pools;

(6)

Personal care homes (June 6, 2013); and

(7)

Religious institutions (October 18, 2007).

(c)

Development standards:

(1)

Minimum lot area—One acre;

(2)

Minimum lot width at building line—125 feet;

(3)

Yard setbacks:

a.

From a major or minor thoroughfare—80 feet;

b.

From a residential street—55 feet;

c.

Side yard setbacks—15 feet;

d.

Rear yard setbacks—30 feet;

(4)

Maximum height of structures—35 feet;

(5)

Minimum square footage of principal structure—1,200 square feet; and

(6)

Maximum lot coverage—25 percent.

(Revised June 6, 2013; Ord. No. 2019-11, §§ 10, 11, 11-21-2019; Ord. No. 2019-12, §§ 10, 11, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (parks; public uses; and public utility facilities); and

(2)

Two-family dwellings (duplexes).

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Community living arrangements (June 6, 2013);

(3)

Customary home occupations;

(4)

Group homes (June 6, 2013);

(5)

Homeowners' association recreation centers or swimming pools;

(6)

Personal care homes (June 6, 2013); and

(7)

Religious institutions (October 18, 2007).

(c)

Development standards:

(1)

Minimum lot area—One acre;

(2)

Minimum lot width at building line—125 feet;

(3)

Yard setbacks:

a.

From a major or minor thoroughfare—80 feet;

b.

From a residential street—65 feet;

c.

Side yard setbacks—15 feet;

d.

Rear yard setbacks—30 feet;

(4)

Maximum height of structures—35 feet;

(5)

Minimum square footage of principal structure—2,000 square feet, with a minimum of 1,000 square feet per side;

(6)

Maximum lot coverage—25 percent; and

(7)

Where lot adjoins a single-family residential or the AR zoning district—25-foot buffer (June 21, 2001).

(Revised June 6, 2013; Ord. No. 2019-11, §§ 12, 13, 11-21-2019; Ord. No. 2019-12, §§ 12, 13, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (homeowners' association recreation centers or swimming pools; parks; public uses; and public utility facilities); and

(2)

Single-family dwellings.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Community living arrangements (June 6, 2013);

(3)

Customary home occupations;

(4)

Group homes (June 6, 2013); and

(5)

Personal care homes (June 6, 2013).

(c)

Development standards:

(1)

Minimum development acreage—Ten acres;

(2)

Open space—Ten percent, dedicated to the homeowners' association;

(3)

Minimum lot area—One acre;

(4)

Minimum lot width at building line—100 feet;

(5)

Yard setbacks:

a.

From all streets—50 feet;

b.

Side yard setbacks—10 feet;

c.

Rear yard setbacks—20 feet;

(6)

Maximum height of structures—35 feet;

(7)

Minimum square footage of principal structure—1,200 square feet; and

(8)

Maximum lot coverage—35 percent.

(d)

Architectural reference:

(1)

Entrances. All dwellings shall have a front porch equal to three-fourths the length of the street-facing wall. A minimum front porch depth of five feet is required.

(2)

Building materials.

a.

For principal structures, allowable building materials (not including trim/accent) along the front and side facades are limited to the following:

(i)

Brick;

(ii)

Brick veneer;

(iii)

Stone;

(iv)

Architectural precast concrete; and

(v)

Natural wood and/or cement-based wood siding.

b.

There shall be no more than two building materials used (not including trim/accent materials).

c.

Colors for the building materials shall be limited to earth tones, pastels and/or neutral tones (April 16, 2009).

(Revised June 6, 2013; Ord. No. 2019-11, §§ 14, 15, 11-21-2019; Ord. No. 2019-12, §§ 14, 15, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (parks; public uses; and public utility facilities); and

(2)

Multi-family dwelling units.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Child caring institutions (June 6, 2013);

(3)

Community living arrangements (June 6, 2013);

(4)

Customary home occupations;

(5)

Group homes (June 6, 2013);

(6)

Homeowners' association recreation centers or swimming pools;

(7)

Personal care homes (June 6, 2013); and

(8)

Religious institutions (October 18, 2007).

(c)

Development standards:

(1)

Minimum lot area—Five acres;

(2)

Minimum lot width at building line—300 feet;

(3)

Yard setbacks:

a.

From a major or minor thoroughfare—70 feet;

b.

From a residential street—65 feet;

c.

Side yard setbacks—40 feet;

d.

Rear yard setbacks—40 feet;

(4)

Maximum height of structures—35 feet;

(5)

Minimum square footage—1,000 square feet per dwelling unit;

(6)

Open space—50 percent;

(7)

Maximum density—Four dwelling units per acre; and

(8)

Where development adjoins a single-family residential or the AR zoning district—50-foot buffer (June 21, 2001).

(Revised June 6, 2013; Ord. No. 2019-11, §§ 16, 17, 11-21-2019; Ord. No. 2019-12, §§ 16, 17, 11-21-2019)

(a)

Permitted uses:

(1)

Community facilities (public uses; and public utility facilities);

(2)

Mobile homes and mobile home parks; and

(3)

Mobile home as an accessory structure to be used for security purposes.

(b)

Conditional uses (see article VII):

(1)

Accessory uses and structures;

(2)

Community living arrangements (June 6, 2013);

(3)

Customary home occupations;

(4)

Group homes (June 6, 2013);

(5)

Homeowners' association recreation centers or swimming pools; and

(6)

Personal care homes (June 6, 2013).

(c)

Development standards for manufactured home park:

(1)

Minimum lot area—Ten acres;

(2)

Minimum lot width at the building line—400 feet;

(3)

Yard setbacks:

a.

From major thoroughfare—250 feet;

b.

From minor thoroughfare—150 feet;

c.

From collector—100 feet;

d.

Side yard setbacks—40 feet;

e.

Rear yard setbacks—40 feet;

(4)

Maximum height of structures—35 feet; and

(5)

Where manufactured home park adjoins a single-family residential or the AR zoning district—50-foot buffer (June 21, 2001).

(d)

Developmental standards for individual manufactured homes:

(1)

Minimum lot area—10,000 square feet;

(2)

Minimum lot width—50 feet;

(3)

Yard setbacks:

a.

Side yard setbacks—Seven and one-half feet;

b.

Rear yard setbacks—Seven and one-half feet; and

(4)

Maximum height of structures—35 feet.

(Revised June 6, 2013; Ord. No. 2019-11, §§ 18, 19, 11-21-2019; Ord. No. 2019-12, §§ 18, 19, 11-21-2019)

(a)

Permitted uses:

(1)

Accounting, auditing and bookkeeping services;

(2)

Adult day care centers;

(3)

Advertising agencies excluding sign contractors;

(4)

Amphitheaters;

(5)

Appraisers;

(6)

Art galleries;

(7)

Assembly halls;

(8)

Attorneys;

(9)

Auditoriums;

(10)

Automobile claims adjusters;

(11)

Blueprinting and photocopying services;

(12)

Business agents and brokers;

(13)

Business service support establishments;

(14)

Churches and other places of worship and accessory facilities;

(15)

Clerical services;

(16)

Collection services;

(17)

College and university industry associated research and training facilities;

(18)

Commercial photography, art and graphics offices;

(19)

Commercial vocational schools;

(20)

Computer or data processing offices;

(21)

Convention or exhibition halls;

(22)

Counseling and guidance services;

(23)

Credit reporting services;

(24)

Cultural facilities;

(25)

Dental care services;

(26)

Detective agency and protective services (excluding armored cars and animal rental);

(27)

Drafting services;

(28)

Eating establishments as an accessory use;

(29)

Employment agencies;

(30)

Engineering, planning and architectural offices;

(31)

Finance, insurance and real estate institutions;

(32)

Health services clinics;

(33)

Historical society/welcome, information centers;

(34)

Home health care;

(35)

Interior decorators;

(36)

Libraries;

(37)

Management, consulting and public relations services;

(38)

Medical and dental laboratories;

(39)

Medical photography and arts;

(40)

Message answering services;

(41)

Museums;

(42)

Occupational physical therapy services;

(43)

Optician and optometry stores as an accessory use;

(44)

Parcel and express services;

(45)

Pharmacies as an accessory use;

(46)

Photographic studios;

(47)

Political organizations;

(48)

Radio and television broadcasting stations;

(49)

Recording and developing studios;

(50)

Specialized non-degree schools (beauty school);

(51)

Talent and theatrical booking agents;

(52)

Telecommuting centers;

(53)

Ticket brokers;

(54)

Travel agencies; and

(55)

Utility business offices.

(b)

Conditional uses (see article VII):

(1)

Animal hospitals and veterinary clinics;

(2)

ATMs;

(3)

Automobile brokers;

(4)

Cemeteries;

(5)

Child caring institutions (June 6, 2013);

(6)

Day nurseries and kindergartens;

(7)

Electric transformer stations, gas regulator stations and telephone exchanges;

(8)

General building contractors;

(9)

Private or parochial elementary and high schools; and

(10)

Public utility facilities.

(c)

Development standards:

(1)

Minimum lot width—125 feet (July 5, 2007);

(2)

Yard setbacks:

a.

From a major or minor thoroughfare—80 feet;

b.

From a collector street—70 feet;

c.

From a residential street—55 feet;

d.

Rear yard setbacks—30 feet;

e.

Side yard setbacks—Eight feet;

(3)

Maximum building height—35 feet;

(4)

Any service area, loading area, refuse or outside storage area which is visible from the street shall be screened in accordance with the provisions of this section; and

(5)

Where the lot adjoins a single-family residential or the AR zoning district—75-foot buffer (June 21, 2001).

(Revised June 6, 2013; Ord. No. 2020-04A, § 1, 9-17-2020)

All permitted and conditional uses must be on a lot which fronts a collector street as defined in the comprehensive land use plan for the Town of Tyrone.

(1)

Permitted uses:

a.

Churches and other places of worship; and

b.

Home occupations.

(2)

Conditional uses (see article VII):

a.

Child caring institutions (June 6, 2013);

b.

Daycare;

c.

Nursing homes;

d.

Private or parochial schools; and

e.

Tennis courts.

(3)

Development standards:

a.

Minimum lot width—300 feet;

b.

Minimum lot area—Three acres;

c.

Front, rear and side yard setback from the right-of-way of each collector street—50 feet;

(4)

Maximum building height—35 feet;

(5)

Accessory buildings and uses, customarily incidental to any of the permitted principal uses, including, but not limited to, a security building (10x10), administrative offices, agricultural, aquariums, planetariums, botanicals, art studios, books and stationary stores, dormitories, farm operations, radio and television broadcasting, recreational vehicle parking, student union buildings, infirmaries, cafeterias, gymnasiums, stadiums and maintenance and service buildings, provided such building or structure will not be permitted within 100 feet of any property line or street right-of-way;

(6)

Nursery schools operated on a non-commercial basis, incidental to normal operations of a church, school or college—100 square feet of outdoor play area enclosed by a permanent solid wall or woven wire fence of the type commonly known as "cyclone fence" with a height of at least four feet; and

(7)

Where the lot adjoins a single-family residential or the AR zoning district—100-foot buffer (June 21, 2001).

(Revised July 17, 2014)

(a)

Permitted uses:

(1)

Accounting, auditing and bookkeeping services;

(2)

Advertising agencies;

(3)

Adult day care;

(4)

Amphitheaters;

(5)

Antique stores;

(6)

Apparel and accessory stores (including dressmaker and tailor);

(7)

Appraisers;

(8)

Art galleries;

(9)

Art studios;

(10)

Assembly halls;

(11)

Attorneys;

(12)

Automobile claims adjuster;

(13)

Auditoriums;

(14)

Bail bonding services;

(15)

Bakeries, retail;

(16)

Banquet halls;

(17)

Barbershops and beauty shops;

(18)

Bicycle repair shops;

(19)

Blood donor stations;

(20)

Blueprinting and photocopying services;

(21)

Book and stationery stores;

(22)

Bowling alley;

(23)

Business agents and brokers;

(24)

Business service support establishments;

(25)

Camera and photographic supply stores;

(26)

Care homes;

(27)

Carryout/delivery establishments;

(28)

Catalog mail order stores;

(29)

Caterers;

(30)

Churches and other places of worship;

(31)

Cigar stores and stands;

(32)

Clerical;

(33)

Collection services;

(34)

Commercial photography, art and graphics offices;

(35)

Computer or data processing offices;

(36)

Convention or exhibition halls;

(37)

Counseling and guidance services;

(38)

Credit reporting services;

(39)

Dance schools;

(40)

Delicatessen and gourmet food stores (with incidental catering);

(41)

Dental care services;

(42)

Detective agency and protective services (excluding armored cars and animal rental);

(43)

Dinner theatres;

(44)

Doctors/physicians' offices;

(45)

Drafting services;

(46)

Drugstores;

(47)

Eating establishments, when accessory to a permitted use;

(48)

Electric transformer stations, gas regulator stations and telephone exchanges;

(49)

Employment agencies;

(50)

Engineering, planning and architectural offices;

(51)

Fabric shops;

(52)

Farm and garden supply stores;

(53)

Finance, insurance and real estate institutions;

(54)

Florists;

(55)

Food specialty shops (ice cream, coffee, soda fountain);

(56)

Furniture, home furnishing and appliance stores;

(57)

General building contractors;

(58)

Gift, novelty and souvenir stores (excluding adult novelty);

(59)

Glass sales;

(60)

Grocery stores limited to a floor area not exceeding 5,000 square feet;

(61)

Gyms;

(62)

Hardware sales;

(63)

Historical society/welcome, information centers;

(64)

Hobby, toy and game shops;

(65)

Household and apparel stores;

(66)

Indoor sports facilities; and

(67)

Interior decorator services;

(68)

Jewelry sales and repair;

(69)

Key duplicating shops;

(70)

Kitchen-ware stores;

(71)

Laundry and dry cleaning pick-up stations;

(72)

Lawn and garden supply;

(73)

Libraries;

(74)

Locksmiths;

(75)

Management, consulting and public relations services;

(76)

Manicure services (nail care);

(77)

Meat, seafood and poultry markets (excluding live poultry);

(78)

Medical photography;

(79)

Message answering services;

(80)

Museums;

(81)

Musical instrument sales and repair;

(82)

News dealers and newsstands;

(83)

Notary public;

(84)

Nursing homes;

(85)

Occupational physical therapy;

(86)

Office uses as part of a planned office center;

(87)

Optician and optometry stores;

(88)

Parks;

(89)

Pawn shops;

(90)

Pet shops;

(91)

Pharmacies;

(92)

Photographic studios;

(93)

Picture framing stores;

(94)

Playhouses;

(95)

Political organizations;

(96)

Produce markets;

(97)

Publishing only: newspaper, periodicals and books;

(98)

Radio, television and stereo sales and service;

(99)

Repair, as an accessory use;

(100)

Retail automotive parts and tire stores;

(101)

Restaurants, general and convenience;

(102)

Seasonal outdoor retail (activity for the sale of flowers, garden supplies, produce);

(103)

Shoe repair and sales;

(104)

Skating rinks;

(105)

Special trade contractors;

(106)

Specialized non-degree schools;

(107)

Specialized merchandise stores;

(108)

Sporting goods;

(109)

Swimming pools (prefabricated), hot tubs and spa sales;

(110)

Talent and theatrical booking agents;

(111)

Telephone business offices;

(112)

Telecommuting centers;

(113)

Travel agencies;

(114)

Used goods stores;

(115)

Video sales and rentals (excluding adult entertainment); and

(116)

Visiting nurse associations.

(b)

Conditional uses (see article VII):

(1)

Animal hospitals and veterinary clinics;

(2)

Arcades;

(3)

ATMs;

(4)

Automobile brokers;

(5)

Automobile repair;

(6)

Bed and breakfasts;

(7)

Cemeteries;

(8)

Day nurseries and kindergartens;

(9)

Dog grooming shops.

(10)

Electrical supply stores;

(11)

Electric transformer stations, gas regulator stations and telephone exchanges;

(12)

Hotels (to include motels, lodging houses, inns and extended stay hotels);

(13)

Independent living facilities;

(14)

Indoor pet boarding;

(15)

Laundry and dry cleaning establishments including pick-up stations, package plants and coin-operated facilities;

(16)

Neighborhood recreation center or swimming pools;

(17)

Paint, glass and wallpaper stores;

(18)

Private or parochial schools;

(19)

Public utility facilities; and

(20)

Small engine sales and repair.

(c)

Development standards:

(1)

Minimum lot area—One acre;

(2)

Minimum lot width—100 feet;

(3)

Yard setbacks:

a.

From a major thoroughfare—80 feet;

b.

From a collector—70 feet;

c.

From a residential street—55 feet;

d.

Rear yard setbacks—30 feet;

e.

Side yard setbacks—20 feet;

(4)

Maximum height of structures—40 feet, with structures not to exceed three overall stories;

(5)

Where a lot adjoins a single-family residential, MHP, or the AR zoning district—75-foot buffer (June 21, 2001); and

(6)

Maximum building size—Footprint of 30,000 square feet.

(Revised March 1, 2012; August 1, 2013; October 2, 2014; Ord. No. 2017-02, §§ 1—4, 5-4-2017; Ord. No. 2017-08, § 1, 11-2-2017; Ord. No. 2018-07, § 2, 5-17-2018; Ord. No. 2019-08, § 1, 11-21-2019; Ord. No. 2020-05, § 1, 9-17-2020; Ord. No. 2020-05A, § 1, 9-17-2020; Ord. No. 2020-07, § 1, 9-17-2020; Ord. No. 2023-03, § 1(C), 2-16-2023; Ord. No. 2023-11, § 1, 11-2-2023)

(a)

Permitted uses:

(1)

All those permitted uses in the C-1 zoning district;

(2)

Aquariums, planetariums, botanical gardens

(3)

Assembly halls;

(4)

Automobile air conditioning equipment, sales and installation;

(5)

Automobile broker;

(6)

Automobile claims adjuster;

(7)

Automobile convenience and gas services;

(8)

Automobile upholstery shops;

(9)

Reserved;

(10)

Bail bonding services;

(11)

Billiard and pool halls;

(12)

Blood banks;

(13)

Body art studios (June 6, 2013);

(14)

Building materials dealers (garage doors, fencing, roofing, storm windows, kitchen, cabinets, wallboard, insulation);

(15)

Building materials establishments;

(16)

Carpet and vinyl flooring stores;

(17)

Catalog, mail order stores;

(18)

Churches and other places of worship;

(19)

Comedy clubs;

(20)

Consumer electronic repair services;

(21)

Drive-in restaurants;

(22)

Dwelling as an accessory structure to be used for security purposes;

(23)

Fast food restaurants;

(24)

Flea markets;

(25)

Flooring stores;

(26)

Funeral homes and funeral chapels, mortuaries, crematoriums;

(27)

Furniture upholstery shops;

(28)

Landscaping services;

(29)

Heating, air conditioning, ventilation supply stores;

(30)

Home appliance repair and related services;

(31)

Home health care services;

(32)

Hookah lounges (June 6, 2013);

(33)

Household and apparel sales and rental;

(34)

HVAC/plumbing/electrical contractors;

(35)

Indoor sports and recreation facilities;

(36)

Medical supply businesses;

(37)

Musical instrument sales and repair, musical supply sales including records, tapes and compact discs;

(38)

Natural materials dealers (lime, plaster, sand, gravel, lumber);

(39)

Nursing homes;

(40)

Packaging services;

(41)

Parcel and express services;

(42)

Playhouses;

(43)

Plumbing supply stores;

(44)

Radio and television broadcasting stations (excluding transmission towers);

(45)

Recording and developing studios;

(46)

Service agencies;

(47)

Sign stores—Painting and lettering;

(48)

Swimming pool supplies, cleaning and maintenance services;

(49)

Training/rehabilitation services;

(50)

Upholstery, furniture services; and

(51)

Water-softening services.

(b)

Conditional uses (see article VII):

(1)

Animal hospitals and veterinary clinics;

(2)

Armored car services;

(3)

ATMs;

(4)

Automobile repair;

(5)

Automobile sales;

(6)

Automobile service stations;

(7)

Automotive parking establishments;

(8)

Bed and breakfasts;

(9)

Car wash services;

(10)

Commercial motor vehicle repair;

(11)

Commercial motor vehicle sales;

(12)

Farmers' markets;

(13)

General building contractors;

(14)

Golf cart sales and service;

(15)

Golf or baseball driving ranges;

(16)

Gun shops;

(17)

Health clubs and day spas;

(18)

Hotels (to include motels, lodging houses, inns and extended stay hotels);

(19)

Laundry and dry cleaning establishments including pick-up stations, package plants and coin-operated facilities;

(20)

Marine sales and parts;

(21)

Miniature golf courses;

(22)

Nursing homes (June 6, 2013);

(23)

Outdoor sports facilities and swimming pools;

(24)

Paint, glass and wallpaper stores;

(25)

Par 3 golf courses;

(26)

Plant nurseries;

(27)

Private or parochial schools;

(28)

Public utility facilities;

(29)

Retail automobile parts and tire stores;

(30)

Small engine sales and repair; and

(31)

Tennis courts, clubs and facilities.

(c)

Development standards:

(1)

Minimum lot area—One acre (May 20,1999);

(2)

Minimum lot width—100 feet (May 20,1999);

(3)

Yard setbacks:

a.

From a public street—50 feet (May 20,1999);

b.

Rear yard setbacks—30 feet;

c.

Side yard setbacks—20 feet;

(4)

Maximum height of structures—40 feet;

(5)

Where a lot adjoins a single-family residential district, a MHP district, or an AR district—75-foot buffer (June 21, 2001);

(6)

Maximum building size—Footprint 30,000 square feet.

(Revised March 1, 2012; June 6, 2013; Ord. No. 2017-03, §§ 1—4, 5-4-2017; Ord. No. 2018-07, § 3, 5-17-2018; Ord. No. 2019-09, § 1, 11-21-2019; Ord. No. 2020-08, § 1, 9-17-2020; Ord. No. 2023-12, §§ 1—3, 11-2-2023)

(a)

Permitted uses:

(1)

Art studios (June 6, 2013);

(2)

Automobile repossessing services;

(3)

Automobile towing establishments;

(4)

Building materials dealers (garage doors, fencing, roofing, storm windows, kitchen cabinets, wallboard, insulation);

(5)

College and university industry, associated research and training facilities;

(6)

Eating establishments, when accessory to a permitted use;

(7)

Engineering, planning and architectural offices;

(8)

Golf courses and clubhouses;

(9)

HVAC/plumbing/electrical contractors;

(10)

Incidental retail sales of goods produced and processed on the premises;

(11)

Manufacturing offices of health service practitioners;

(12)

Medical and dental laboratories;

(13)

Medical supply businesses;

(14)

Movie/media production studios (including ancillary businesses that supply support services, equipment and resources to the movie/media industry);

(15)

Natural materials dealer (lime, plaster, sand, gravel, lumber);

(16)

Offices used as part of a planned office center;

(17)

Parcel and express services;

(18)

Pest control/exterminator services;

(19)

Plant nurseries;

(20)

Precision instrument repair services;

(21)

Printing, publishing and blueprinting services;

(22)

Publishing only—Newspapers, periodicals and books;

(23)

Recording and developing studios;

(24)

Research testing and laboratories;

(25)

Sign stores—Painting and lettering;

(26)

Swimming pool (prefabricated), hot tubs and spa sales;

(27)

Swimming pool cleaning and maintenance services;

(28)

Technical and vocational schools;

(29)

Telecommunications antennas and towers;

(30)

Training/rehabilitation services;

(31)

Upholstery stores; and

(32)

Utility business offices.

(b)

Conditional uses (see article VII):

(1)

Animal hospitals and veterinary clinics;

(2)

ATMs;

(3)

Auction yards or establishments;

(4)

Automobile convenience and gas services;

(5)

Automotive rentals;

(6)

Automobile repair;

(7)

Automobile sales;

(8)

Automobile service stations;

(9)

Building materials establishments;

(10)

Commercial motor vehicle repair;

(11)

Commercial motor vehicle sales;

(12)

Electric transformer stations, gas regulator stations, and telephone exchanges;

(13)

Landscaping services;

(14)

Maintenance shops;

(15)

Outdoor advertising services (no outside storage);

(16)

Parks;

(17)

Public utility facilities;

(18)

Small engine sales and repair;

(19)

Structural materials dealers (brick, tile, stone, clay, concrete, cinder block);

(20)

Telecommunications antennas and towers; and

(21)

Warehousing and storage.

(c)

Development standards:

(1)

Minimum lot area—One acre;

(2)

Minimum lot width—125 feet;

(3)

Yard setbacks:

a.

From a major thoroughfare—100 feet;

b.

From a collector—70 feet;

c.

From a residential street—55 feet;

d.

Rear yard setbacks—30 feet;

e.

Side yard setbacks—20 feet;

(4)

Maximum height of structures—35 feet;

(5)

Where a lot adjoins a single-family residential, MHP, or the AR zoning district—100-foot buffer (June 21, 2001); and

(6)

Open space—Ten percent.

(Revised January 24, 2013; June 6, 2013; Ord. No. 2017-05, § 1, 7-6-2017; Ord. No. 2018-07, § 4, 5-17-2018)

(a)

Permitted uses:

(1)

All those permitted uses in the M-1 zoning district;

(2)

Billiard and pool halls;

(3)

Dwelling as an accessory structure to be used for security;

(4)

General building contractors;

(5)

Heavy construction contractors;

(6)

Heavy manufacturing establishments—The following are heavy manufacturing establishments:

a.

Asphalt plants;

b.

Brick, clay, tile or concrete products manufacture;

c.

Cement, lime, gypsum or plaster of paris manufacture;

d.

Manufacturing operations not housed within a building;

e.

Transportation equipment manufacture;

f.

Rubber and plastics manufacture;

g.

Leather manufacture and processing;

h.

Fabricated metal manufacture; and

i.

Mining and quarry processing;

(7)

Skate board or roller blade parks; and

(8)

Special trade contractors.

(b)

Conditional uses (see article VII):

(1)

Adult businesses;

(2)

ATMs;

(3)

Automobile impoundment yard/towing services;

(4)

Golf or baseball driving ranges;

(5)

Junkyards;

(6)

Kennels;

(7)

Public utility facilities;

(8)

Quarries; and

(9)

Telecommunications antennas and towers.

(c)

Development standards:

(1)

Minimum lot area—One acre;

(2)

Minimum lot width—125 feet;

(3)

Yard setbacks:

a.

From a major thoroughfare—100 feet;

b.

From a collector—70 feet;

c.

From a residential street—55 feet (May 7, 1998);

d.

Rear yard setbacks—30 feet;

e.

Side yard setbacks—20 feet;

(4)

Maximum height of structures—35 feet;

(5)

Where a lot adjoins a single-family residential, MHP, or the AR zoning district—125-foot buffer (June 21, 2001); and

(6)

Open space—Ten percent.

(a)

Permitted uses:

(1)

Accessory uses and structures incidental to any permitted uses; and

(2)

Community facilities (non-commercial parks; public uses; and public utility facilities).

(b)

Development standards. It is intended that the OS zoning district be established to control development on certain land and water areas which provide for outdoor recreation activities; provide open space for the town's residents; possess great natural beauty; are of historical significance; are subject to periodic flooding; or serve as refuges for wildlife. The regulations which apply for uses in this zoning district are designed to protect the open nature of the landscape and discourage encroachment by residential, commercial, industrial or other uses capable of adversely affecting the relatively undeveloped character of the zoning district (November 20, 1997).

(a)

Purpose. The intent of this section is to:

(1)

Encourage the development of large lots of land as: planned residential development (PRD); planned industrial development (PID); planned commercial development (PCD); and planned educational development (PED);

(2)

Encourage flexible and creative concepts in site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open spaces;

(4)

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this section;

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and

(6)

Provide an environment of a stable character compatible with surrounding areas.

(b)

Development standards. Each planned unit development shall meet the following standards in addition to any other as hereinafter set forth:

(1)

The development shall utilize creative and flexible design including, but not limited to: varied lot sizes, amenities, mixed uses, etc.;

(2)

The development shall be compatible with surrounding uses and with the comprehensive land use plan of the Town of Tyrone; and

(3)

Developers of approved planned unit developments shall be required to pave all new subdivision streets contained within said development to conform with the rules and regulations of the development regulations of the Town of Tyrone. Improvements to existing roads or planned roads which pass through a planned unit development will be handled conditionally at the time of rezoning or at the time of a revision to a development plan.

(c)

Relation to zoning districts. An approved planned unit development shall be considered to be a separate zoning district in which the development plan, as approved, establishes the uses, restrictions and regulations according to which development shall occur. Upon approval, the official zoning map shall be changed to indicate the area as a planned unit development. The following procedures shall be followed in the establishment of each and every planned unit development:

(1)

Pre-application conference. Prior to filing a rezoning petition for a planned unit development, the applicant shall meet with the zoning administrator to review the general character of the proposed development, including but not limited to, its scope, nature and location. At this time, the applicant shall be fully advised of the approval procedures contained herein as well as the various information and studies which the applicant may need in order to continue with said procedures;

(2)

Pre-recommendation meeting(s). Prior to filing a rezoning petition for a planned unit development and subsequent to the pre-application conference with the zoning administrator, the applicant shall meet with the planning commission in a plan review session(s). At this meeting, the applicant shall be required to review his/her plan with the planning commission and provide preliminary data concerning said plan as required by the planning commission. The planning commission may require additional pre-recommendation meetings to review said preliminary data prior to their pre-recommendation;

(3)

Rezoning petition. A rezoning petition for a planned unit development shall only be submitted subsequent to the pre-application conference with the zoning administrator and the pre-recommendation meeting(s) with the planning commission. The petition shall contain a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both proposed and existing. A rezoning petition for a planned unit development shall follow the procedures in article III of this chapter;

(4)

Development plan. The following information shall be submitted as the development plan:

a.

General location map;

b.

Current topographical map clearly showing existing conditions, including contour intervals of no more than five feet based on field survey or photogrammetric methods;

c.

Map showing the existing flood plains and flood soil as indicated by FEMA;

d.

Existing and proposed land uses in the development site and all adjacent properties, including the approximate location of all streets;

e.

Legal description of the subject property;

f.

Location and use of existing and proposed public, semi-public, or community facilities such as schools, parks and other open space. This will include areas proposed to be deducted or reserved for community or public use;

g.

Conceptual drawings of representative building types for all non-residential structures which indicate the proposed general architectural style and appearance; and

h.

If a proposed development creates special problems or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:

1.

Off-street parking and loading plan;

2.

Economic feasibility report or market analysis;

3.

Area traffic study and circulation plan within the development and to and from existing thoroughfares;

4.

Hydraulic, hydrologic; and drainage engineering studies;

5.

Environmentally sensitive areas, including, but not limited to: watershed protection, wetlands, or groundwater recharge impact study;

6.

Based on the pre-application meeting with the zoning administrator and/or the pre-recommendation meeting(s) with the planning commission, other information as is deemed necessary may be requested, in addition, any of the aforementioned required information (items (a) thru (h)) may be excluded if deemed not applicable.

(5)

Summary of intent. The written statement submitted with the development plan shall include the following information:

a.

Statement of the present ownership of all land within the proposed development;

b.

Explanation of the character of the proposed development, including, but not limited to: a summary of uses, number and type of dwelling units, a net residential density calculation, and minimum standards for floor area, lot size, yard and spacing requirements;

c.

General statement of the proposed development schedule and progression of unit development or staging; and

d.

Agreements, provisions, and covenants which govern the use, maintenance, and protection of the development and any common or open space, including the provisions which will organize, regulate and sustain the property owners' association, where applicable.

(6)

Approval. After review and public hearing the planning commission shall provide a recommendation to the mayor and council. After a public hearing the mayor and council may approve, disapprove or approve with modifications. If the proposed development is approved as submitted, the zoning administrator shall cause the official zoning map to be changed to indicate the planned unit development. If the plan is approved with modifications, the applicant shall file written notice of consent to the modification and a properly revised development plan with the zoning administrator prior to changing the official zoning map. The development plan and all other accompanying information shall be properly identified and permanently filed with the zoning administrator.

(7)

Subdivision approval.

a.

At the option of the applicant, a preliminary subdivision plat may be filed along with the development plan in order that tentative approval of the subdivision by the planning commission may be granted, pending the approval by the mayor and council of the development plan. In no case shall final subdivision approval precede the approval of the development plan.

b.

Site development regulations, specifications, and procedures governing the platting of a planned unit development and plat approval shall be in accordance with the Town of Tyrone Subdivision Regulations and Development Regulations.

(8)

Ownership control. At the time a final plat is approved and recorded for a planned unit development, as applicable, the land comprising the area for the planned unit development shall be under one ownership, i.e., an individual, a corporation, or some other single legal entity. Individual lots may be sold only after the final plat has been approved and recorded and the deed contains sufficient covenants assuring the continuance of the planned unit development as originally approved and developed.

(9)

Building and occupancy permits. The zoning administrator shall approve the issuance of building permits for buildings and structures in the planned unit development if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if it conforms to the requirements of the approved development plan and all other applicable regulations.

(10)

Revision of Development Plan. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the approved uses, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the mayor and council upon the recommendation of the zoning administrator and planning commission. A request for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary or desirable.

(d)

Planned residential development (PRD).

(1)

Purpose. The intent of a planned residential development (PRD) is to encourage creativity and resourcefulness in residential development and to provide open space, parks and recreational facilities for the residents of the development and/or the general public.

(2)

Permitted residential uses. Planned residential developments may contain single-family dwellings, two-family dwellings, townhouses, or a combination thereof. residential accessory buildings and uses shall also be allowed per article V.

(3)

Permitted recreational uses. A list of proposed recreational uses shall be submitted with the summary of intent. Only those uses approved through the rezoning process shall be allowed in the PRD.

(4)

Permitted incidental uses. The following incidental uses shall be allowed in a PRD:

a.

Day care facility (including an outdoor play area only);

b.

Hospice, assisted living, nursing care, retirement;

c.

Church and/or other place of worship (including a parsonage and outdoor play area only); and

d.

School, private (including an outdoor play area but excluding housing or a stadium).

(5)

Buffers and setbacks. The uses along the exterior boundary of the PRD shall be consistent with the applicable conditional use requirements listed in article VII.

(6)

Conditional uses. The following conditional uses shall be allowed in the PRD zoning district, provided that all conditions specified in article VII conditional uses, nonconformance, transportation corridor overlay zone, and commercial development standards are met:

a.

Electric transformer stations, gas regulator stations and telephone exchanges;

b.

Home occupation;

c.

Horse quarters (see article V. Raising and Keeping Horses in Residential Districts); and

d.

Telephone, electric or gas sub-station or other public utility facilities.

(7)

Minimum dimensional and other requirements:

a.

Development size—100 contiguous acres located within the AR and/or residential zoning districts;

b.

Each single-family dwelling shall be placed on a separate lot;

c.

Side yard setbacks—15 feet;

d.

Rear yard setbacks—30 feet;

e.

Maximum density—Four units per acre (single-family attached), and one unit per acre (single-family detached). For purposes of this section, density shall be interpreted as the number of dwelling units per net acre devoted to residential development.

(8)

Common open space requirements:

a.

Open space—2,500 square feet per lot. The open space shall not be located in the following areas: street rights-of-way (public or private); all land located within the 100-year flood plain; water impoundments; and all lands proposed to be dedicated to a governing authority;

b.

The open space may be publicly owned, privately owned, or be deeded to and maintained by the property owners' association, comprised of the residents of the development. When the open space is to be deeded to the property owners' association the initial owner of the development shall be responsible for the organization of said association. The organization, responsibilities and financing of the property owners' association shall be established in appropriate deed covenants, which shall run with the land and which shall appear in each and every deed of property given by the initial owner; and

c.

Approved recreational uses may be located in the open space.

(9)

General deed covenants. Appropriate deed covenants, which shall run with the land, shall be made a part of each deed of property given by the initial owner of the development in order to ensure the continuance of the planned residential development in accordance with all approved plans and this section. A copy of the covenants shall be given to the zoning administrator as a part of the record of the planned residential development.

(e)

Conservation residential overlay district (PCRD).

(1)

Purposes:

a.

To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure;

b.

To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land;

c.

To preserve in perpetuity unique or sensitive natural resources such as groundwater, flood plains, wetlands, streams, steep slopes, woodlands and wildlife habitat;

d.

To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development;

e.

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development;

f.

To promote interconnected greenways and corridors throughout the community;

g.

To promote contiguous greenspace with adjacent jurisdictions;

h.

To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood;

i.

To encourage street designs that reduce traffic speeds and reliance on main arteries;

j.

To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses and facilities to reduce reliance on automobiles;

k.

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space; and

l.

To preserve important historic and archaeological sites.

(2)

General regulations.

a.

Applicability of regulations. This conservation subdivision option is available in CR-2 and CR-3 zoning districts.

b.

Ownership of development site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

c.

Housing density determination. The maximum number of lots in the PCRD shall be determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning category. In making this calculation, the following shall not be included in the total area of the parcel:

1.

Slopes over 25 percent of at least 5,000 square feet contiguous area;

2.

The 100-year flood plain;

3.

Bodies of open water over 5,000 square feet contiguous area;

4.

Wetlands that meet the definition of the army corps of engineers pursuant to the Clean Water Act; or

5.

Anticipated right-of-way needs for roads and utilities.

(3)

Application requirements.

a.

Site analysis map required. Concurrent with the submission of a site concept plan, the applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this article. The preliminary site plan shall include the following features:

1.

Property boundaries;

2.

All streams, rivers, lakes, wetlands and other hydrologic features;

3.

Topographic contours of no less than one-foot intervals;

4.

All primary and secondary conservation areas labeled by type, as described in (e)(4) Open Space of this article;

5.

General vegetation characteristics;

6.

General soil types;

7.

The planned location of protected open space;

8.

Existing roads and structures; and

9.

Potential connections with existing greenspace and trails.

b.

Open space management plan required. An open space management plan, as described in (e)(4) Open Space, shall be prepared and submitted prior to the issuance of a land disturbance permit.

c.

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in (e)(4) Open Space shall be placed in the open space concurrent with the issuance of a land disturbance permit.

d.

Other requirements. The applicant shall adhere to all other applicable requirements of the underlying zoning district and the town's land development ordinances.

(4)

Open space.

a.

Definition. Open space is the portion of the PCRD that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

b.

Standards to determine open space.

1.

The minimum restricted open space shall comprise at least 40 percent of the gross tract area.

2.

The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:

(i)

The regulatory 100-year flood plain;

(ii)

Buffer zones of at least 75 feet in width along all perennial and intermittent streams;

(iii)

Slopes above 25 percent of at least 5,000 square feet contiguous area;

(iv)

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

(v)

Populations of endangered or threatened species or habitat for such species; and

(vi)

Archaeological sites, cemeteries and burial grounds.

3.

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible:

(i)

Important historic sites;

(ii)

Existing healthy, native forests of at least one-acre contiguous area;

(iii)

Individual existing healthy trees greater than eight inches caliper, as measured from their outermost drip line;

(iv)

Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads;

(v)

Prime agricultural lands of at least five acres of contiguous area; and

(vi)

Existing trails that connect the tract to neighboring areas.

4.

Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 40 percent minimum area requirements (exception: historic structures and existing trails may be counted).

5.

At least 75 percent of the open space shall be in a contiguous tract. The open space should adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

6.

The open space shall be directly accessible to the largest practicable number of lots within the PCRD. Non-adjoining lots shall be provided with safe, convenient access to the open space.

c.

Permitted uses of open space:

1.

Conservation of natural, archeological or historical resources;

2.

Meadows, woodlands, wetlands, wildlife corridors, game preserves or similar conservation-oriented areas;

3.

Walking or bicycle trails, provided they are constructed of porous paving materials;

4.

Passive recreation areas;

5.

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and area not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space;

6.

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts and such activities are not conducted with primary conservation areas;

7.

Nonstructural stormwater management practices;

8.

Easements for drainage, access and underground utility lines; or

9.

Other conservation-oriented uses compatible with the purposes of this section.

d.

Prohibited uses of open space:

1.

Golf courses;

2.

Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

3.

Agricultural and forestry activities not conducted according to accepted best management practices; and

4.

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

e.

Ownership and management of open space.

1.

Ownership of open space. The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the PCRD and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner.

2.

Management plan. The applicant shall submit a plan for management of open space and common facilities ("plan") that:

(i)

Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

(ii)

Estimates the cost and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

(iii)

Provides that any changes to the plan be approved by the town council; and

(iv)

Provides for enforcement of the plan.

3.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the Town of Tyrone may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, the homeowners' association, or to the individual property owners that make up the homeowners' association, and may include administrative costs and penalties. Such costs shall become a lien on all PCRD properties.

f.

Legal instrument for permanent protection.

1.

The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

(i)

A permanent conservation easement in favor of either:

A.

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instrument shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

B.

A governmental entity with an interest in pursuing protection of the open space compatible with the purposes of this section. If the entity accepting the easement is not the Town of Tyrone, then a third right of enforcement favoring the Town of Tyrone shall be included in the easement;

(ii)

A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

(iii)

An equivalent legal tool that provides permanent protection, if approved by the Town of Tyrone.

2.

The instrument for permanent protection shall include clear restrictions on the use of open space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the applicant chooses to place on the use of the open space (2008).

(f)

Planned industrial park (PIP).

(1)

Purpose. The intent of a PIP is to encourage the development of a localized industrial park designed to meet light and heavy industrial purposes.

(2)

Permitted uses. Only those uses in the M-1 and M-2 zoning districts shall be proposed for the PIP. Only those uses approved through the rezoning process will be allowed in the PIP.

(3)

Minimum dimensional and other requirements. The minimum requirements for a PIP shall be as follows:

a.

Location—M-1 or M-2 zoning district;

b.

The development shall have access and egress only to an arterial thoroughfare;

c.

Development size—Ten acres;

d.

All setbacks along the exterior boundaries of the development shall be consistent with either the M-1 or M-2 zoning district, whichever is applicable; and

e.

Height limit—35 feet, except with respect to soundstages associated with movie/media production studios as provided in Section 113-155 of this ordinance.

(g)

Planned educational district (PED).

(1)

Purpose. The intent of a PED is to encourage creativity and resourcefulness in educational/institutional design to meet more of a campus atmosphere.

(2)

Permitted uses. Only those uses in the E-I zoning district shall be proposed for the PED. Only those uses approved through the rezoning process will be allowed in the PED.

(3)

Minimum dimensional and other requirements:

a.

Location—E-I zoning district;

b.

No more than five recreational vehicles (motor homes); and

c.

Development size—40 acres.

(h)

Planned commercial district (PCD).

(1)

Purpose. The intent of the PCD is to provide a retail center through a planned development. A PCD will allow innovative and creative design and promote high standards in the development layout to alleviate incompatibility between the internal uses in the development to protect public safety to the greatest degree possible.

(2)

Permitted uses. Only those uses allowed in the C-2 zoning district shall be proposed for the PCD. Only those uses approved through the rezoning process shall be allowed.

(3)

Minimum dimensional and other requirements:

a.

Minimum lot area—Ten acres;

b.

The proposed site shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the Town of Tyrone Thoroughfare Plan;

c.

All setbacks and buffers along the exterior boundaries of the development shall be consistent with the C-2 zoning district, as applicable to the use;

d.

The development plan shall indicate the different use areas for the proposed development. Appropriate separation, buffering, and vehicular circulation between uses internal to the development shall be established to alleviate incompatibility and protect public safety. Vehicular access facilities shall be designed in a manner to preclude large vehicles (semi-tractor trailers, delivery trucks) from utilizing areas where pedestrians are likely to be present;

e.

Location—C-2 zoning district; and

f.

Height limit—35 feet.

(Ord. No. 2017-06, § 1, 7-6-2017)

(a)

Purpose and intent. The following guidelines are established to maintain high quality and sustainable development; to promote a consistent and traditional architectural identity; to promote the economic success of the downtown core of the town; and to provide guidance on the establishment of an active village atmosphere in the Town of Tyrone Town Center. The objectives include:

(1)

To encourage a variety of attractive and innovative building designs which combine the best of contemporary and traditional design;

(2)

To emphasize the compatibility of building form, scale, massing, and materials such that new structures will improve the aesthetics of street and built environments;

(3)

To encourage safe, pedestrian-friendly streetscapes that preserve the efficient use of road frontages while encouraging consistency in design and placement of buildings that address the roadway and foster pedestrian activity and liveliness;

(4)

To assist builders and developers in the preparation of acceptable building designs; and

(5)

To provide increased vehicular and pedestrian access through a grid of streets that maximizes connections with extensions of existing streets.

(b)

Application of guidelines. These guidelines shall apply to all new development occurring in the town center and in-town residential future land use character areas as defined on the town's most recently adopted future development map.

(c)

Facade requirements.

(1)

Building materials. For principal structures, allowable building materials (not including trim/accent) along the front and side facades are limited to the following:

a.

Brick (preferred);

b.

Brick veneer;

c.

Stone;

d.

Natural wood and/or cement-based wood siding such as hardiplank.

(2)

There shall be no more than two building materials used (not including trim/accent materials).

(3)

Colors. Colors for the building materials shall be limited to earth tones, nonreflective pastels, and/or neutral tones. The accent and trim must consist of a contrasting color.

(4)

Entrances.

a.

Covered main entry features help promote safe, socially-interactive and pedestrian-friendly streets by providing outdoor amenity areas which allow for views along the street and by providing a linkage between the public and private realm. In addition to providing shelter, covered main entry features located closer to the street can help to diminish the impact of the garage within the streetscape.

b.

Covered main entry features are required and may include one of the following:

1.

Front porches;

2.

Porticos;

3.

Verandas; or

4.

Recessed entries.

c.

The following design criteria for covered main entry features shall apply:

1.

Covered front porch and/or veranda sizes should be maximized wherever possible. A minimum depth of five feet is required;

2.

Porch column styles and widths should be consistent with the character of the house;

3.

An exposed beam/frieze is required at the top of the support columns on the underside of the soffit; and

4.

Entrances shall be oriented to the street. A building entrance may be located to the side of the building when a direct pedestrian walkway is provided between the building entrance and the street right-of-way.

(5)

Fenestration.

a.

Windows shall be used at regular intervals to divide any facade that fronts a public right-of-way.

b.

The building shall have a consistent spacing of similar shaped windows with trim on all building stories.

c.

Large ground floor windows are encouraged, where feasible.

d.

All windows shall have window trim consisting of a head, jam and sill.

(d)

Building and site requirements.

(1)

Massing.

a.

Horizontal massing shall not exceed a height/width ratio of 1:3 without substantial variation that includes a change in height and/or projecting/recessing element. These changes shall relate to entrances, integral structure or interior organization, not merely as a cosmetic effect.

b.

No wall that faces a street shall have an uninterrupted length exceeding 20 feet without at least two of the following: change in plane; change in texture or masonry pattern; and windows, or an equivalent element that subdivides the wall.

(2)

Roof material and pitch.

a.

Roofs shall be limited to architectural dimensional grade asphalt shingles, roofing membrane systems (flat roofs only), natural slate, natural terra cotta, natural wood shake, copper or factory finished sheet metal or similar material that is in harmony with surrounding buildings. Dark roofing materials are preferred.

b.

A flat roof pitched to the rear of the building shall be concealed by a parapet wall. Non-residential development assuming residential forms may also use gabled, hipped, or pyramidal roofs, as is appropriate to the majority of the surrounding buildings.

c.

Parapets must wrap around the corner of a building for a minimum of one bay to ensure continuity of the streetscape. The parapet shall be constructed of the same material as the exterior wall.

d.

The pitch of a roof shall not exceed the average wall height of the building.

e.

Rooftop-mounted equipment should be physically screened from the road and/or sidewalk. Screening shall meet the following specifications:

1.

Shall be at a height that is as high or higher than the rooftop equipment being screened;

2.

Have evenly distributed openings or perforations not exceeding 50 percent of the surface area;

3.

Should be mounted behind major rooftop elements such as stair or elevator penthouses, parapets, or architectural projections;

4.

Shall be provided in a manner that is architecturally integral to the overall appearance of the building.

5.

The number of vents and flues shall be incorporated into the architectural features or painted to blend with the roofing material.

(3)

Loading docks and dumpsters shall be entirely screened from view of any public open space or sidewalk area, with a dumpster pad enclosure. Dumpster pad enclosure is required, constructed of the same materials, and matching the architecture of the principal structure. Doors and gates shall be opaque and must remain closed while not in use. Chain-link is not an acceptable material.

(4)

Exterior storage screening.

a.

Exterior storage shall be screened with a minimum six foot opaque screening fence or wall, and shall not be visible from the right-of-way or adjacent properties.

b.

Screening may be masonry, metal, polyvinyl, wood, or a combination thereof; however, chain link fences are prohibited for required screening.

c.

If exterior storage is located entirely behind the building and is not visible from the right-of-way or adjacent property, then no screening is required.

d.

Exterior storage requirements shall not apply to seasonal displays or advertisement of goods placed out only during business hours.

(g)

Downtown commercial development regulations. The purpose of these development regulations is to supersede those found in the town's C-1 (community commercial) zoning classification in order to encourage more flexibility in developing walkable, village-style buildings within the town center district.

(1)

Minimum building lot area: 7,000 square foot

(2)

Maximum building footprint size: 30,000 square foot

(3)

Front setback: 15 foot maximum.

(4)

Side setback: 5 foot minimum.

(5)

Rear setback: 30 foot minimum.

(6)

Maximum building height: 40 foot not to exceed three stories.

(7)

Impervious surface maximum: 80 percent.

(Revised January 24, 2013; Ord. No. 2022-03, § 1, 4-7-2022; Ord. No. 2023-03, § 1(D), 2-16-2023)

(a)

General purpose and description. The limited use residential (LUR) district is a residual district which shall no longer allow new designation through rezoning. The primary purpose of this section is to administer to the completion of already approved LUR projects. It is the specific purpose and intent of the residual LUR district that the residual LUR zoning district be established and reserved for completion of development of existing LUR zoning districts for residential purposes and the protection and preservation of unique or sensitive natural areas such as floodplains, wetlands, streams, steep slopes, woodland and scenic views. Recognizing that a residential district with unique land use patterns could cause a detrimental impact on neighboring lands, the regulations which apply within this district are designed to encourage the formation and continuance of a stable, economically healthy and compatible environment for residential development, to promote the interest of the particular neighbors and the public welfare at large and to encourage the protection of natural resources within the town. The regulations, which apply to this district, are designed to encourage the formation and continuance of a stable, healthy residential environment and the preservation of natural areas by allowing for uniqueness in design.

Definitions—Green space: The portion of the rezoned tract that has been set aside for permanent protection. Activities within the green space are restricted in perpetuity through the use of an approved legal instrument.

(b)

General requirements. No new limited use residential districts shall be created. LUR is a residual district designation whereby lands already zoned LUR may carry out their approved development plan or modify their project based on the provisions of this section subject to the following additional limitations:

(1)

Minimum size. In order to promote the preservation of natural space that provides a variety of benefits, minimum tract size for entire property to be rezoned is 25 acres.

(2)

Permitted uses. Anyone or more of the following uses may be permitted in the LUR district:

a.

Accessory uses and structures.

1.

Accessory uses and structures incidental to any permitted use.

2.

Customary home occupations.

b.

Community facilities.

1.

Homeowner association recreation centers of swimming pool.

2.

Green space.

3.

Parks.

4.

Public uses.

5.

Public utility facilities.

c.

Dwellings. Single family detached.

d.

Religious institution.

(c)

Development standards.

(1)

Criteria.

a.

Maximum density for the entire site being rezoned shall not exceed one unit per acre.

b.

Minimum floor area must equal 1,800 square feet.

c.

Structures or buildings located at the perimeter of the LUR must be setback a distance of 100 feet from the boundaries of the LUR.

d.

Buffer areas must be maintained in accordance with the zoning ordinance.

e.

Supplemental buffer areas are required along the first 25 feet of the property boundary to provide visual screening.

f.

Maximum impervious surfaces shall not exceed 25 percent of the total project area.

g.

Project must be served by public (municipally owned) sewer system.

(2)

Ownership of development site. The tract of land to be rezoned may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

(3)

Phased development. The entire LUR may be divided into logical geographical sections, subject to the approval of the mayor and council. In such cases, the Town of Tyrone shall specify reasonable periods within which the development of each section must be commenced and finished.

(4)

Performance bonds. Performance bonds are required by the landowner to be reasonably required to assure performance with the approved site plan to protect the public interest in the event of abandonment of said plan before completion.

(d)

Green space standards.

(1)

General requirements.

a.

Primary areas for protection. The following are considered primary areas for protection and must be included as green space area unless the applicant demonstrates that this provision would constitute an unusual hardship or be counter to the purposes of this article.

1.

The 100-year floodplain.

2.

Riparian zones of at least 50 feet width along all perennial and intermittent streams.

3.

Slopes above 25 percent of at least 5,000 square feet contiguous area.

4.

Wetlands that meet the definition used by the army corps of engineers pursuant to the Clean Water Act.

5.

Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.

6.

Archaeological sites, cemeteries and burial grounds.

b.

Secondary areas for protection. The following are considered secondary areas for protection and should be identified on the site plan submitted for rezoning.

1.

Important historic sites.

2.

Existing healthy, native forests of at least one acres contiguous area.

3.

Individual existing healthy trees of greater than eight inches caliper, as measured from their outermost drip line.

4.

Prime agricultural lands of at least five acres contiguous area.

5.

Existing trails that connect the tract to neighboring areas.

c.

Suitable land. At least 20 percent of the green space shall consist of land that is suitable for building.

d.

Contiguous area. At least 75 percent of the green space shall be in contiguous tract.

e.

Connectivity. Every attempt should be made to connect the designated green space with any neighboring areas of designated green space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of designated green space.

f.

Accessibility. The green space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the green space.

g.

Width. Acreage counted toward green space requirements may not be less than 50 feet in width.

(2)

Permitted uses.

a.

Conservation of natural, archaeological or historical resources.

b.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.

c.

Walking or bicycle trails, provided that non-porous paving materials are limited to a ten feet width.

d.

Passive recreation areas, such as open fields.

e.

Active recreation areas which include impervious surfaces and golf courses, provided that they are not located in the primary areas for protection. Active recreation areas in excess of this limitation must be located outside of the protected green space.

f.

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary areas for protection.

g.

Landscaped stormwater management facilities, provided such facilities shall be located outside of primary areas for protection.

h.

Easements for drainage, access and underground utility lines.

i.

Other conservation-oriented uses compatible with the purposes of this ordinance.

(3)

Prohibited uses.

a.

Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections.

b.

Agricultural and forestry activities not conducted according to accepted best management practices.

c.

Impoundments.

d.

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

(4)

Ownership of open space. If requested by the town, the owner of the green space may deed to the town the land set aside as green space. If the town does not request that the land be deeded to it, the open space shall be deeded to the homeowner's

association comprised of property owners within the LUR for the benefit of the residents. The homeowner's association and its adequate financing for the discharge of its responsibilities shall be assured through acceptable private deed covenants running with the land.

(5)

Management plan. Applicant shall submit a plan for management of green space and common facilities ("plan") that:

a.

Allocates responsibility and guidelines for the maintenance and operation of the green space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

b.

Estimates the costs and staffing requirements needed for maintenance and operation of and insurance for, the green space and outlines the means by which such funding will be obtained or provided;

c.

Provides that any changes to the plan be approved by the mayor and town council; and

d.

Provides for enforcement of the plan.

In the event the homeowner's association fails to maintain the common green space property, the town may serve written notice upon the homeowner's association and/or upon the property owners of the LUR setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.

If the deficiencies are not corrected within the said 30 days, the town, in order to preserve the taxable value of the properties within the LUR and to prevent the common green spaces from becoming a public nuisance, may enter upon said common open spaces and maintain the same for one year and thereafter until the homeowner's association is prepared to provide property maintenance.

The cost of such maintenance by the town shall be assessed rateably against the properties within the LUR that have a right of enjoyment of the common green space and shall become a tax lien upon said properties. The town, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the county tax assessor, upon the properties affected by such a lien.

(6)

Legal instrument for permanent protection.

a.

The green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

1.

A permanent conservation easement in favor of either:

(i)

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

(ii)

A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance.

(iii)

If the entity accepting the easement is not the town, then a third right of enforcement favoring the town shall be included in the easement.

2.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

3.

An equivalent legal tool that provides permanent protection, if approved by the town.

b.

The instrument for permanent protection shall include clear restrictions on the use of the green space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the applicant chooses to place on the use of the green space.

(e)

Review and approval procedures.

(1)

Pre-application conference. Prior to the submittal of a LUR application, the applicant shall meet with the town manager for a preliminary conference on the location, scope and nature of the proposed development.

(2)

Site plan requirements. The applicant shall submit a site plan in accordance with those requirements as outlined in section 503 of the land development ordinance as part of the rezoning application.

(3)

Procedures for revision. Due to specific topographic variations, changes in market preferences and other factors creating a need for change, it is expected that variation of the approved plan may occur. In the event that factors create a need for change to an existing LUR either the owner/developer or the town may petition of a modification of the LUR. Should the following conditions occur, the developer will be expected to apply to the mayor and council for a revision to the approved plan.

(Ord. No. 508, 10/18/07; Revised March 1, 2012)

(a)

Purpose. The intent of the CMU District is to provide a mixed-use center, primarily non-residential in character, through a planned development. Upon council approval, supplemental residential uses may be permitted when complementary to and compatible with the orderly development of the planned project. The CMU District will allow innovative and creative design and promote high standards in the development layout to alleviate incompatibility between the internal uses in the development, to limit the expenditure of public funds, and to protect public safety to the greatest degree possible.

(b)

Requirements for a community mixed-use district.

(1)

No property may be rezoned to the CMU District without the concurrent approval of a development plan by the town council following public review and recommendation by town staff and the planning commission. All property rezoned and developed pursuant to a single development plan shall be referred to herein as a "CMU Development".

(2)

The boundaries of each CMU Development shall be as shown on the zoning map and shall correspond with the adopted development plan.

(3)

The minimum size for a CMU development is 40 acres.

(4)

A CMU development must have a minimum of 200 feet of frontage abutting State Route 74.

(c)

Application. Each application to rezone property to the CMU District and establish a development plan for the same shall follow the procedures set out below:

(1)

Pre-application conference. Prior to filing a petition to rezone property to the CMU District, the applicant shall meet with the zoning administrator to review the general character of the proposed development, including but not limited to, its scope, nature and location. At this time, the applicant shall be fully advised of the approval procedures contained herein as well as the various information and studies which the applicant may need in order to continue with said procedures.

(2)

Pre-recommendation meeting(s). Prior to filing a petition to rezone property to the CMU district and subsequent to the pre-application conference with the zoning administrator, the applicant shall meet with the planning commission in a plan review session(s). At this meeting, the applicant shall be required to review his/her plan with the planning commission and provide preliminary data concerning said plan as required by the planning commission. The planning commission may require additional pre-recommendation meetings to review said preliminary data prior to their pre-recommendation.

(3)

Rezoning petition. A petition to rezone property to the CMU District shall only be submitted subsequent to the pre-application conference with the zoning administrator and the pre-recommendation meeting(s) with the planning commission. The petition shall contain a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both proposed and existing. A petition to rezone property to the CMU district shall follow the procedures set out in article III of this chapter.

(4)

Development plan. The following information shall be submitted as the development plan:

a.

General location map;

b.

Current topographical map clearly showing existing conditions, including contour intervals of no more than five feet based on field survey or photogrammetric methods;

c.

Map showing the existing floodplains and flood soil as indicated by FEMA;

d.

Existing and proposed land uses in the development site and all adjacent properties, including the approximate location of all streets;

e.

Legal description of the subject property;

f.

Location and use of existing and proposed public, semi-public, or community facilities such as schools, parks and other open space, including areas proposed to be deducted or reserved for community or public use;

g.

Conceptual drawings of representative building types for all non-residential structures which indicate the proposed general architectural style and appearance; and

h.

If a proposed development creates special problems or involves unusual circumstances, additional information as required by the zoning administrator in order to properly evaluate the proposal as follows:

i.

Off-street parking and loading plan;

ii.

Economic feasibility report or market analysis;

iii.

Area traffic study and circulation plan within the development and to and from existing thoroughfares;

iv.

Hydraulic, hydrologic;, and drainage engineering studies;

v.

Environmentally sensitive areas, including, but not limited to: watershed protection, wetlands, or groundwater recharge impact study; and

vi.

Based on the pre-application meeting with the zoning administrator and/or the pre-recommendation meeting(s) with the planning commission, other information as is deemed necessary may be requested; in addition, any of the aforementioned required information (items (a) thru (h)) may be excluded if deemed not applicable.

(5)

Summary of intent. The written statement submitted with the development plan shall include the following information:

a.

Statement of the present ownership of all land within the proposed development;

b.

Explanation of the character of the proposed development, including, but not limited to: a summary of uses, number and type of dwelling units, a net residential density calculation, and minimum standards for floor area, lot size, yard and spacing requirements;

c.

General statement of the proposed development schedule and progression of unit development or staging; and

d.

Agreements, provisions, and covenants which govern the use, maintenance, and protection of the development and any common or open space, including the provisions which will organize, regulate and sustain the property owners' association, where applicable.

(6)

Approval. After review and public hearing the planning commission shall provide a recommendation to the mayor and council. After a public hearing the mayor and council may approve, disapprove or approve the rezoning and the development plan with modifications. If the proposed rezoning and development plan are approved as submitted, the zoning administrator shall cause the official zoning map to be changed to indicate the change in zoning and the boundaries of the property affected by the approved development plan. If the rezoning and development plan are approved with modifications, the applicant shall file written notice of consent to the modification and a properly revised development plan with the zoning administrator prior to changing the official zoning map. The development plan and all other accompanying information shall be properly identified and permanently filed with the zoning administrator.

(7)

Subdivision approval.

a.

At the option of the applicant, a preliminary subdivision plat may be filed along with the development plan in order that tentative approval of the subdivision by the planning commission may be granted, pending the approval by the mayor and council of the development plan. In no case shall final subdivision approval precede the approval of the development plan.

b.

Site development regulations, specifications, and procedures governing the platting of a CMU development and plat approval shall be in accordance with the Town of Tyrone subdivision regulations and development regulations.

(8)

Ownership control. At the time a final plat is approved and recorded for a CMU development, as applicable, the land comprising the area for the development shall be under one ownership, i.e., an individual, a corporation, or some other single legal entity. Individual lots may be sold only after the final plat has been approved and recorded and the deed contains sufficient covenants assuring the continuance of the CMU development as originally approved and developed.

(9)

Building and occupancy permits. The zoning administrator shall approve the issuance of building permits for buildings and structures in the CMU development if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if it conforms to the requirements of the approved development plan and all other applicable regulations.

(10)

Revision of development plan. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the approved uses, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the mayor and council upon the recommendation of the zoning administrator and planning commission. A request for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary or desirable.

(d)

Development standards.

(1)

Permitted uses.

a.

Residential uses.

1.

Single-family attached and detached dwellings;

2.

Townhouse dwellings;

3.

Multi-family loft dwellings as part of a mixed-use commercial structure; and

4.

Accessory uses and structures.

b.

Commercial and institutional uses.

1.

Accounting, auditing and bookkeeping services;

2.

Adult day care centers;

3.

Advertising agencies excluding sign contractors;

4.

Amphitheaters;

5.

Antique stores;

6.

Apparel and accessory stores (including dressmaker and tailor);

7.

Appraisers;

8.

Aquaponics/urban farming facilities;

9.

Arcades

10.

Art galleries;

11.

Art studios;

12.

Assembly halls;

13.

Attorneys;

14.

Auditoriums;

15.

Automobile claims adjuster;

16.

Bakeries, retail;

17.

Banquet halls;

18.

Barbershops and beauty shops;

19.

Bicycle repair shops;

20.

Blood donor stations;

21.

Blueprinting and photocopying services;

22.

Book and stationery stores;

23.

Bowling alley;

24.

Breweries;

25.

Business agents and brokers;

26.

Business incubators;

27.

Business service support establishments;

28.

Camera and photographic supply stores;

29.

Carryout/delivery establishments;

30.

Catalog mail order stores;

31.

Caterers;

32.

Churches and other places of worship and accessory facilities;

33.

Cigar stores and stands;

34.

Clerical;

35.

Collection services;

36.

College and university industry associated research and training facilities;

37.

Commercial photography, art and graphics offices;

38.

Commercial vocational schools;

39.

Computer or data processing offices;

40.

Convention or exhibition halls;

41.

Counseling and guidance services;

42.

Credit reporting services;

43.

Cultural facilities;

44.

Dance schools;

45.

Day nurseries and day care centers;

46.

Delicatessen and gourmet food stores (with incidental catering);

47.

Dental care services;

48.

Detective agency and protective services (excluding armored cars and animal rental);

49.

Dinner theatres;

50.

Doctors/physicians' offices;

51.

Drafting services;

52.

Drugstores;

53.

Eating establishments, when accessory to a permitted use;

54.

Electric transformer stations, gas regulator stations and telephone exchanges;

55.

Employment agencies;

56.

Engineering, planning and architectural offices;

57.

Escape rooms;

58.

Fabric shops;

59.

Farm and garden supply stores;

60.

Finance, insurance and real estate institutions;

61.

Florists;

62.

Food specialty shops (ice cream, coffee, soda fountain);

63.

Furniture, home furnishing and appliance stores;

64.

Gift, novelty and souvenir stores (excluding adult novelty);

65.

Glass sales;

66.

Grocery stores limited to a floor area not exceeding 5,000 square feet;

67.

Gyms;

68.

Hardware sales;

69.

Health services clinics;

70.

Historical society/welcome, information centers;

71.

Hobby, toy and game shops;

72.

Home health care;

73.

Hotels;

74.

Household and apparel stores;

75.

Indoor sports facilities;

76.

Interior decorator services;

77.

Jewelry sales and repair;

78.

Key duplicating shops;

79.

Kitchen-ware stores;

80.

Laundry and dry cleaning pick-up stations;

81.

Lawn and garden supply;

82.

Libraries;

83.

Locksmiths;

84.

Management, consulting and public relations services;

85.

Manicure services (nail care);

86.

Meat, seafood and poultry markets (excluding live poultry);

87.

Medical and dental laboratories;

88.

Medical photography;

89.

Message answering services;

90.

Museums;

91.

Musical instrument sales and repair;

92.

News dealers and newsstands;

93.

Notary public;

94.

Occupational physical therapy;

95.

Office uses as part of a planned office center;

96.

Optician and optometry stores;

97.

Parcel and express services;

98.

Parks;

99.

Pet shops;

100.

Pharmacies;

101.

Photographic studios;

102.

Picture framing stores;

103.

Playhouses;

104.

Political organizations;

105.

Produce markets;

106.

Radio and television broadcasting stations;

107.

Radio, television and stereo sales and service;

108.

Recording and developing studios;

109.

Restaurants, general and convenience;

110.

Seasonal outdoor retail (activity for the sale of flowers, garden supplies, produce);

111.

Shoe repair and sales;

112.

Skating rinks;

113.

Solar generation facilities;

114.

Specialized merchandise stores;

115.

Specialized non-degree schools;

116.

Sporting goods;

117.

Swimming pools (prefabricated), hot tubs and spa sales;

118.

Talent and theatrical booking agents;

119.

Telecommuting centers;

120.

Telephone business offices;

121.

Ticket brokers;

122.

Travel agencies;

123.

Utility business offices; and

124.

Veterinarians

125.

Visiting nurse associations.

(2)

Dimensional and other requirements.

a.

No more than 30% of the total aggregate square footage of a CMU development may be dedicated to residential use.

b.

No single occupant of a structure may exceed a footprint of 30,000 square feet.

c.

All setbacks along adjoining zoning districts shall be 75 feet. A 75-foot buffer shall be in effect along all bordering residential zoning districts coterminous with setbacks.

d.

Setbacks from major and minor collectors, minor thoroughfares, and residential streets shall be 75 feet.

e.

Setbacks from major thoroughfares and state routes shall be 100 feet.

(3)

Open space.

a.

Open spaces shall be provided in conformance with the approved development plan.

b.

Open space may utilize any of the following elements towards the open space calculation:

i.

Required yards, planted areas, fountains, community gardens, rooftop gardens, parks, plazas, hardscape elements related to sidewalks and plazas, amenity space, and similar features.

ii.

Required buffer areas may be counted toward open space requirements even if such buffer area is dedicated to the town or other governmental entity for recreation use, conveyed to a conservation group, or is subject to permanent easements for public use.

(4)

Fencing materials. No barbed wire, razor wire, chain-link fence, or similar elements shall be visible from any public plaza, ground level, or sidewalk level outdoor dining area or public right-of-way.

(5)

Drive through uses. Drive-through service windows and drive-in facilities are not allowed.

(6)

Storefront requirements.

a.

The length of facade without intervening transparency shall not exceed 20 feet.

b.

The ground story shall have a minimum 65 percent transparency.

c.

Entrances may be counted where they are transparent.

(7)

Dumpsters and loading areas. Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, sidewalk-level outdoor dining area, public sidewalk or public right-of-way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls on three sides not less than eight feet in height, along with a gate or door.

(8)

Loading dock entrances for nonresidential uses. Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from any public right-of-way.

(9)

Building mechanical and accessory features.

a.

Shall be located to the side, rear, or roof of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way.

b.

When located on rooftops, shall be incorporated in the design of the building and screened with building materials similar to the building.

c.

Shall not be permitted between the building and any public street.

(e)

Parking and site design standards.

(1)

Street requirements. New streets shall be provided in conformance with the development plan.

(2)

Inter-parcel connectivity. Opportunities for inter-parcel pedestrian and vehicle access points between all contiguous commercial, office, or multifamily residential parcels shall be provided.

(3)

Gates and security arms. Gates and security arms shall be prohibited from crossing any public street or sidewalk.

(4)

Off-site parking. Required parking spaces shall be permitted to be provided on adjacent or nearby property within a CMU district, provided said relocated spaces lie within 300 feet of the main entrance to the principal use for which such parking is provided.

(5)

Driveways and curb cuts.

a.

All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. A corresponding interior sign or painted bar on the driveway shall be provided adjacent to the sidewalk paving as needed.

b.

Except as required by Georgia Department of Transportation along state routes, no more than one curb cut shall be permitted for each development site, provided that properties with more than one street frontage may have one curb cut located on each street frontage. However, developments on properties with a single street frontage greater than 400 feet shall be permitted two curb cuts along one street frontage.

(Ord. No. 2018-06, § 1, 5-17-2018; Ord. No. 2019-01, § 1, 2-7-2019)

(a)

Purpose. The intent of the TCMU district is to provide a walkable, pedestrian friendly mixed-used environment only within the town center character area as outlined in the town's comprehensive plan. The mix and density of commercial and residential uses shall be complementary to and compatible with the orderly development of the nearby projects as determined by town council. The TCMU district will allow innovative and creative design and promote high standards in the development layout to alleviate incompatibility between internal and external uses.

(b)

Requirements for a town center mixed-use district.

(1)

No property over three acres may be rezoned to the TCMU district without the concurrent approval of a development plan by the town council following public review and recommendation by town staff and the planning commission. All property rezoned and developed pursuant to a single development plan shall be referred to herein as a "TCMU development".

(2)

The boundaries of each TCMU development shall be as shown on the zoning map and shall correspond with the adopted development plan and be located within the town's town center district character area or within one of the following areas: (1) that area consisting of parcels of property lying north and west of Valleywood Road, east of the CSX rail line, and south of Tyrone Road; and (2) that area consisting of parcels of property bounded by Valleywood Road on the west, Highway 74 on the east, and Tyrone Road on the north.

(c)

Application. Each application to rezone a property or grouping of properties three acres or over to the TCMU district shall establish a development plan for the same and shall follow the procedures set out below:

(1)

Pre-application conference. Prior to filing a petition to rezone property to the TCMU district, the applicant shall meet with the zoning administrator to review the general character of the proposed development, including but not limited to, its scope, nature and location. At this time, the applicant shall be fully advised of the approval procedures contained herein as well as the various information and studies which the applicant may need in order to continue with said procedures.

(2)

Rezoning petition. A petition to rezone property to the TCMU district shall only be submitted subsequent to the pre-application conference with the zoning administrator. The petition shall contain a development plan, if applicable, and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both proposed and existing. A petition to rezone property to the TCMU district shall follow the procedures set out in article III of this chapter.

(3)

Development plan. The following information shall be submitted as the development plan for properties exceeding three acres:

a.

General location map;

b.

Current topographical map clearly showing existing conditions, including contour intervals of no more than five feet based on field survey or photogrammetric methods;

c.

Map showing the existing floodplains as indicated by FEMA;

d.

Existing and proposed land uses in the development site and all adjacent properties, including the approximate location of all streets;

e.

Legal description of the subject property;

f.

Location and use of existing and proposed public, semi-public, or community facilities such as schools, parks and other open space, including areas proposed to be deducted or reserved for community or public use;

g.

Conceptual drawings of representative building types for all structures which indicate the proposed general architectural style and appearance; and

h.

If a proposed development creates special problems or involves specific circumstances, additional information as required by the zoning administrator in order to properly evaluate the proposal as follows:

i.

Off-street parking and loading plan;

ii.

Economic feasibility report or market analysis;

iii.

Area traffic study and circulation plan within the development and to and from existing thoroughfares;

iv.

Hydraulic, hydrologic, and drainage engineering studies;

v.

Environmentally sensitive areas, including, but not limited to: watershed protection, wetlands, or groundwater recharge impact study; and

vi.

Based on the pre-application meeting with the zoning administrator, other information as is deemed necessary may be requested; in addition, any of the aforementioned required information (items (a) thru (h)) may be excluded if deemed not applicable.

(4)

Summary of intent. The written statement submitted with the development plan shall include the following information:

a.

Statement of the present ownership of all land within the proposed development;

b.

Explanation of the character of the proposed development, including, but not limited to: a summary of uses, number and type of dwelling units, a net residential density calculation, and minimum standards for floor area, lot size, yard and spacing requirements;

c.

General statement of the proposed development schedule and progression of unit development or staging; and

d.

Agreements, provisions, and covenants which govern the use, maintenance, and protection of the development and any common or open space, including the provisions which will organize, regulate and sustain the property owners' association, where applicable.

(5)

Approval. After review and public hearing, the planning commission shall provide a recommendation to the mayor and council. After a public hearing the mayor and council may approve, disapprove or approve the rezoning and the applicable development plan with modifications. If the proposed rezoning and applicable development plan are approved as submitted, the zoning administrator shall cause the official zoning map to be changed to indicate the change in zoning and the boundaries of the property affected by the approved development plan. If the rezoning and applicable development plan are approved with modifications, the applicant shall file written notice of consent to the modification and a properly revised development plan with the zoning administrator prior to changing the official zoning map. The development plan and all other accompanying information shall be properly identified and permanently filed with the zoning administrator.

(6)

Subdivision approval.

a.

At the option of the applicant, a preliminary subdivision plat may be filed along with the development plan in order that tentative approval of the subdivision by the planning commission may be granted, pending the approval by the mayor and council of the development plan. In no case shall final subdivision approval precede the approval of the development plan.

b.

Site development regulations, specifications, and procedures governing the platting of a TCMU development and plat approval shall be in accordance with the Town of Tyrone subdivision regulations and development regulations.

c.

No combination of lots in excess of three acres shall be approved without a development plan.

(7)

Ownership control. At the time a final plat is approved and recorded for a TCMU development, as applicable, the land comprising the area for the development shall be under one ownership, i.e., an individual, a corporation, or some other single legal entity. Individual lots may be sold only after the final plat has been approved and recorded and the deed contains sufficient covenants assuring the continuance of the TCMU development as originally approved and developed.

(8)

Building and occupancy permits. The zoning administrator shall approve the issuance of building permits for buildings and structures in the TCMU development if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if it conforms to the requirements of the approved development plan and all other applicable regulations.

(9)

Revision of development plan. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the approved uses, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the mayor and council upon the recommendation of the zoning administrator and planning commission. A request for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary or desirable.

(d)

Development standards.

(1)

Permitted uses.

a.

Residential uses.

1.

Single-family detached dwellings;

2.

Multi-family loft dwellings as part of a mixed-use commercial structure; and

3.

Accessory uses and structures.

b.

Commercial and institutional uses.

1.

Accounting, auditing and bookkeeping services;

2.

Adult day care centers;

3.

Advertising agencies excluding sign contractors;

4.

Amphitheaters;

5.

Antique stores;

6.

Apparel and accessory stores (including dressmaker and tailor);

7.

Appraisers;

8.

Aquaponics/Urban farming facilities;

9.

Arcades

10.

Art galleries;

11.

Art studios;

12.

Assembly halls;

13.

Attorneys;

14.

Auditoriums;

15.

Automobile claims adjuster;

16.

Bakeries, retail;

17.

Banquet halls;

18.

Barbershops and beauty shops;

19.

Bicycle repair shops;

20.

Blood donor stations;

21.

Blueprinting and photocopying services;

22.

Book and stationery stores;

23.

Bowling alley;

24.

Brew pubs & microbreweries;

25.

Business agents and brokers;

26.

Business incubators;

27.

Business service support establishments;

28.

Camera and photographic supply stores;

29.

Carryout/delivery establishments;

30.

Catalog mail order stores;

31.

Caterers;

32.

Churches and other places of worship and accessory facilities;

33.

Cigar stores and stands;

34.

Clerical;

35.

Collection services;

36.

College and university industry associated research and training facilities;

37.

Commercial photography, art and graphics offices;

38.

Commercial vocational schools;

39.

Computer or data processing offices;

40.

Counseling and guidance services;

41.

Credit reporting services;

42.

Cultural facilities;

43.

Dance schools;

44.

Day nurseries & day care centers;

45.

Delicatessen and gourmet food stores (with incidental catering);

46.

Dental care services;

47.

Detective agency and protective services (excluding armored cars and animal rental);

48.

Dinner theatres;

49.

Doctors/physicians' offices;

50.

Drafting services;

51.

Drugstores;

52.

Eating establishments, when accessory to a permitted use;

53.

Electric transformer stations, gas regulator stations and telephone exchanges;

54.

Employment agencies;

55.

Engineering, planning and architectural offices;

56.

Escape rooms;

57.

Fabric shops;

58.

Farm and garden supply stores (interior storage only);

59.

Farmers' markets;

60.

Finance, insurance and real estate institutions;

61.

Florists;

62.

Food specialty shops (ice cream, coffee, soda fountain);

63.

Furniture, home furnishing and appliance stores;

64.

Gift, novelty and souvenir stores (excluding adult novelty);

65.

Glass sales;

66.

Grocery stores limited to a floor area not exceeding 5,000 square feet;

67.

Gyms;

68.

Hardware sales;

69.

Health services clinics;

70.

Historical society/welcome, information centers;

71.

Hobby, toy and game shops;

72.

Home health care;

73.

Hotels;

74.

Household and apparel stores;

75.

Indoor sports facilities;

76.

Interior decorator services;

77.

Jewelry sales and repair;

78.

Key duplicating shops;

79.

Kitchen-ware stores;

80.

Laundry and dry cleaning pick-up stations;

81.

Lawn and garden supply;

82.

Libraries;

83.

Locksmiths;

84.

Management, consulting and public relations services;

85.

Manicure services (nail care);

86.

Meat, seafood and poultry markets (excluding live poultry);

87.

Medical and dental laboratories;

88.

Medical photography;

89.

Message answering services;

90.

Museums;

91.

Musical instrument sales and repair;

92.

News dealers and newsstands;

93.

Notary public;

94.

Occupational physical therapy;

95.

Office uses as part of a planned office center;

96.

Optician and optometry stores;

97.

Parcel and express services;

98.

Parks;

99.

Pet shops;

100.

Pharmacies;

101.

Photographic studios;

102.

Picture framing stores;

103.

Playhouses;

104.

Political organizations;

105.

Produce markets;

106.

Radio and television broadcasting stations;

107.

Radio, television and stereo sales and service;

108.

Recording and developing studios;

109.

Restaurants, general and convenience;

110.

Seasonal outdoor retail (activity for the sale of flowers, garden supplies, produce);

111.

Shoe repair and sales;

112.

Skating rinks;

113.

Solar generation facilities;

114.

Specialized merchandise stores;

115.

Specialized non-degree schools;

116.

Sporting goods;

117.

Swimming pools (prefabricated), hot tubs and spa sales;

118.

Talent and theatrical booking agents;

119.

Telecommuting centers;

120.

Telephone business offices;

121.

Ticket brokers;

122.

Travel agencies;

123.

Utility business offices;

124.

Veterinarians; and

125.

Visiting nurse associations.

(2)

Dimensional and other requirements.

^** Master-planned developments with an accompanying development plan are exempt from this requirement so long as shared community space provides an equivalent amount of usable recreational/park space within the development.

a.

No single structure may exceed a footprint of 30,000 square feet.

b.

A 75-foot buffer shall be in effect along all bordering residential zoning districts coterminous with setbacks.

(3)

Open space.

a.

Open spaces shall be provided in conformance with the approved development plan.

b.

Open space may utilize any of the following elements towards the open space calculation:

i.

Required yards, planted areas, fountains, community gardens, rooftop gardens, parks, plazas, hardscape elements related to sidewalks and plazas, amenity space, and similar features.

ii.

Required buffer areas may be counted toward open space requirements even if such buffer area is dedicated to the town or other governmental entity for recreation use, conveyed to a conservation group, or is subject to permanent easements for public use.

(4)

Fencing materials. No barbed wire, razor wire, chain-link fence, or similar elements shall be visible from any public plaza, ground level, or sidewalk level outdoor dining area or public right-of-way.

(5)

Drive through uses. Drive-through service windows and drive-in facilities are not allowed.

(6)

Storefront requirements.

a.

The length of facade without intervening transparency shall not exceed 20 feet.

b.

The ground story shall have a minimum 50 percent transparency.

c.

Entrances may be counted where they are transparent.

(7)

Dumpsters and loading areas. Dumpsters and loading areas shall be paved with impervious materials and shall be screened so as not to be visible from any public plaza, sidewalk-level outdoor dining area, public sidewalk or public right-of-way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls on three sides not less than eight feet in height, along with a gate or door.

(8)

Loading dock entrances for nonresidential uses. Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from any public right-of-way.

(9)

Building mechanical and accessory features.

a.

Shall be located to the side, rear, or roof of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way.

b.

When located on rooftops, shall be incorporated in the design of the building and screened with building materials similar to the building.

c.

Shall not be permitted between the building and any public street.

(e)

Parking and site design standards.

(1)

Street requirements. New streets shall be provided in conformance with an applicable development plan and should avoid culs-de-sac to the highest degree possible so as to contribute to a connected town center grid-network.

(2)

Inter-parcel connectivity. Opportunities for inter-parcel pedestrian and vehicle access points between all contiguous commercial, office, or multifamily residential parcels shall be provided. Multi-use paths shall be provided with connectivity to the existing town multi-use path network in keeping with the town's path system design guidelines. Developments east of the CSX rail line must provide a separated-grade multi-use crossing to the town's existing path network.

(3)

On-site parking. Shall primarily be provided in the rear of commercial developments. Secondary or supplemental parking may be provided on the side of the property upon planning commission approval.

(4)

Off-site parking. Required parking spaces shall be permitted to be provided on adjacent or nearby property within a TCMU district, provided said relocated spaces lie within 300 feet of the main entrance to the principal use for which such parking is provided.

(5)

Driveways and curb cuts.

a.

All sidewalk paving materials shall be continued across any intervening driveway at the same prevailing grade and cross slope as on the adjacent sidewalk clear zone. A corresponding interior sign or painted bar on the driveway shall be provided adjacent to the sidewalk paving as needed.

b.

Except as required by Georgia Department of Transportation along state routes, no more than one curb cut shall be permitted for each development site, provided that properties with more than one street frontage may have one curb cut located on each street frontage. However, developments on properties with a single street frontage greater than 400 feet shall be permitted two curb cuts along one street frontage.

c.

Driveway access for residential properties shall be in the rear or side of the home. Street-facing garages are not permitted.

(Ord. No. 2019-06, § 1, 9-19-2019; Ord. No 2019-10, § 1, 11-21-2019; Ord. No. 2024-07, §§ 1—6, 8-15-2024)

(a)

Purpose. The purpose of the business technology park district (BTP) is to encourage a business/employment center or technology research park in a planned campus setting with internal streets serving individual lots that contain a single business or multi-tenant buildings housing uses which are free from such nuisances as noise, vibration, smoke, gas, fume, odor, dust, radiation or other injurious or noxious conditions related to those uses. The district regulations are intended to promote an environment that is conducive to continued development of a technology, manufacturing, headquarters, or research park and to accommodate the unique needs of research, development, high tech firms, light manufacturing/distribution firms, and professional firms. Such facilities, along with offices, are the primary intended uses in the district, with secondary uses such as retail and personal services intended for the convenience of workers and visitors in the area. These convenience uses are encouraged to be located on the ground floor of buildings devoted to permitted principal uses and with active pedestrian orientation incorporated in the design. The district is designed to enable flexibility of development, maximum utilization of scarce land resources and innovative and efficient means of providing needed off-street parking facilities, while affording protection from potentially incompatible development. Through the district regulations and the plan of development review process, the district is intended to encourage high-quality development that promotes continued economic investment; that provides amenities that contribute to an attractive and comfortable environment; and that complements and does not detract from the adjacent downtown retail, office, and medical areas.

(b)

Permitted uses. The following permitted uses shall be allowed in the BTP zoning district:

(1)

Business, professional and/or government offices;

(2)

College and/or university, classrooms and/or administration only;

(3)

Computer or data collection/processing centers/IT services;

(4)

Computer services and/or information technology;

(5)

Educational/instructional/tutoring facilities, including, but not limited to: art, computer, dance, driving and/or DUI, martial arts, music, professional/business/trade, and similar facilities;

(6)

Financial, credit, real estate and/or insurance offices;

(7)

General medical and surgical hospitals;

(8)

Light manufacturing and/or fabricating and/or assembling of products, including, but not limited to, the following:

a.

Production of food, beverages, cosmetics, and/or pharmaceuticals, but not including fish and meat products, sauerkraut, vinegar, yeast and rendering plants;

b.

Fabrication and assembly of metal, wood, cloth and/or plastic products; and

c.

Production of computer and/or electronic components and products.

(9)

Professional and/or business offices;

(10)

Publishing and/or printing;

(11)

Research, development and laboratory facilities related to the medical, biotechnology and other life science industries;

(12)

Television/radio broadcasting studio and/or telecommunication;

(13)

Trade contractors; and

(14)

Training center, trade school and/or vocational center.

(c)

Support uses. In addition to the permitted uses in subsection (b) of this section, no more than 25 percent of the floor area of an individual multi-tenant building may consist of business operations providing support services for the larger development. Permitted support service uses include:

(1)

Business service support establishments;

(2)

Convenience store;

(3)

Office and/or computer supplies;

(4)

Personal services (i.e., alterations, barber shop, beauty salon, clothing/costume rentals, counseling services, electrolysis and/or hair removal, fitness center, laundry drop-off/pick-up, locksmith, nail salon, photography studio, shoe repair, and tanning salon);

(5)

Photographic studios;

(6)

Radio and television broadcasting stations; and

(7)

Restaurant/restaurant take-out.

(d)

Conditional uses. The following conditional uses shall be allowed in the BTP district provided that all conditions specified in article VII of this chapter are met:

(1)

Animal hospitals and veterinary clinics;

(2)

ATMs;

(3)

Building materials dealers (all materials interior);

(4)

Movie and media production studios (including ancillary businesses that supply support services, equipment and resources to the move/media industry);

(5)

Telecommunications antennas and towers; and

(6)

Warehousing and distribution (as an ancillary use not to exceed 50% of gross floor area).

(e)

Dimensional requirements. The minimum dimensional requirements in the BTP shall be as follows:

(1)

Minimum site area for a BTP development: Ten acres.

(2)

Minimum lot width: 150 feet.

(3)

Front yard setback:

a.

Major thoroughfare:

1.

Major arterial: 100 feet.

2.

Arterial: 100 feet.

3.

Collector: 65 feet.

b.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

Buffer. If the rear or side yard abuts a residential or A-R zoning district, a minimum buffer of 100 feet shall be provided adjacent to the lot line. Where a side or rear lot line abuts property in a residential or A-R district with little to no dense forestry, there shall be a continuous evergreen vegetative screen within the buffer not less than four feet in height at the time of installation or opaque structural fence or wall not less than six feet in height erected along such lot line. Evergreen vegetative material intended to satisfy this subsection shall be planted at such intervals that will result in a continuous visual screen within one year of planting.

(7)

Maximum height: 35 feet, except that height may be increased up to 50 feet if the following are satisfied:

a.

The front setback shall be increased two feet for every one foot of building height over 35 feet to a maximum of a 50 foot building height, or a raised landscape berm shall be constructed one foot high for every one foot of building height over 35 feet to a maximum of 15 foot berm height, or any combination thereof.

b.

If the side and/or rear yards abut a residential or A-R zoning district, the setbacks shall be increased five feet for every one foot of building height over 35 feet to a maximum of a 50 foot building height.

(8)

Impervious surface coverage limit, including structure and parking area: 50 percent of total lot area.

(9)

Refuse area and bay door requirements. The following requirements shall apply to refuse areas and bay doors. Where this section contradicts any other requirement of this ordinance, the most restrictive requirement shall apply:

a.

All refuse areas shall be allowed in side or rear yards only, shall be screened, and shall comply with the required buffers and setbacks.

b.

Bay doors shall not be visible from the SR-74 right-of-way and shall be screened from all other rights-of-way.

(10)

Maximum building footprint: 300,000 square feet.

(f)

Other requirements.

(1)

Utilities. All utilities shall be underground.

(2)

Multi-tenant buildings.

a.

Location. Developable frontage on a major arterial road to a minimum depth of 300 feet shall be reserved for multi-tenant buildings.

b.

Uses limited. Multi-tenant buildings in this area shall be limited to the aforementioned business uses.

(h)

Rezoning requirements. The following is required for a rezoning petition for the BTP zoning district in addition to what is normally required for a rezoning petition:

(1)

A development plan is required for the rezoning petition and will take the place of the required concept plan. The development plan, as approved, shall establish the layout and uses planned for the development. Any change in the approved development plan, which affects the intent and character of the development, the land use pattern, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the town council upon the recommendation of the planning commission. A petition for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary. The development plan shall include what is normally required on the concept plan, as well as the following:

a.

A delineation of the business use area and the light manufacturing/distribution use area, including the acreage within each area;

b.

A delineation of the internal transportation network, including roads, multi-use paths, and inter-parcel access/roads as applicable; and

c.

Requirements of any overlay zone which is applicable to the property.

(Ord. No. 2023-01, § 1, 2-16-2023)