Purpose and intent. Overlay districts, as presented in this article, are created for the purpose of imposing special regulations in given designated areas of the town to accomplish stated purposes. Overlay districts shall be in addition to, and shall overlap and overlay, all other zoning districts so that any parcel of land lying in an overlay district shall also lie in one or more of the other zoning districts provided for by this chapter. All regulations of the underlying zoning districts shall be applicable except as modified by the regulations imposed by the overlay district.

Establishment; map of overlay districts. Overlay districts shall be established as set forth for other zoning districts by this chapter and according to the requirements of state law. When so established, the boundaries of overlay districts shall be shown on the zoning district map as provided in this chapter.

(Ord. No. 02-03, 4-28-03)

(a)

Purpose of district. The purpose of this district is to provide additional development standards for all uses within the Overlay 14 ^th Street (Route 33) Corridor so as to enhance the economic vitality of the Town of West Point, and create an appropriate transition from the development in the counties of New Kent and King and Queen. This area of the town will be redeveloped with the construction of two new bridges and the expansion of 14 ^th Street to the south of its current location. Uniform development standards will insure that the quality of public health, safety, and welfare in this portion of the urban area is enhanced and will reduce traffic congestion, avoid distracting visual clutter, and enhance the economic vitality of the district by:

(1)

Encouraging a mixture of land uses with adequate buffering, screening and landscaping to help reduce the visual impacts of development.

(2)

Encouraging well planned development sites.

(3)

Protecting landowners from possible adverse impacts of adjoining development.

(4)

Enhancing the appearance and environment of the 14th Street Corridor.

(5)

Enhancing connections with the historic district.

(6)

Encouraging the timing and location of development consistent with available public facilities.

(b)

Prohibited uses. The following uses are expressly prohibited within the district:

(1)

Attention getting devices which obstruct visibility or employ neon, flashing, or running lights.

(2)

Outside speakers which are audible beyond the property lines of the development.

(c)

District boundaries. The Design Overlay Corridor District boundaries shall be established on the official zoning map. The procedure for establishing and amending the boundaries of the district shall be as specified in section 70-36 of the Code of the Town of West Point.

(d)

Development standards.

(1)

Applicability.

a.

Requirements other than landscaping. The development standards set out in subparagraph (2) below, with the exception of landscaping requirements, shall apply to all sites within the district developed, redeveloped, or expanded after the effective date of this article, and requiring approval of a plan of development; provided that the development standards shall not apply to sites which had been developed prior to the effective date of this article.

b.

Landscaping requirements. Sites developed prior to the effective date of this article shall be permitted expansion of the existing floor area up to a cumulative total of 250 square feet without the provision of landscaping, if no additional parking area is required. When additional parking area is required, but the floor area expansion is less than 250 square feet, the new parking area shall be developed in compliance with these landscaping requirements. The landscaping required for the new parking area may be dispersed throughout the entire parking area on site. Provision of landscaping in proportion to the floor area expansion shall be required for increases in floor area in excess of 250 square feet. Such landscaping shall be dispersed throughout the parking area(s), both existing and new.

(2)

Development standards. In addition to the existing development standards specified in the zoning ordinance, the following additional standards shall apply in all underlying business and industrial zoning districts on all sites within the Overlay Corridor District:

a.

Thoroughfare buffers. Landscaped thoroughfare buffers located on private property shall be installed and maintained in accordance with the standards specified in article XIX, section 70-344.

b.

Landscaping. At least 15 percent of the lot area shall be landscaped with trees, shrubs, and groundcover. One tree and three shrubs shall be provided for every 500 square feet of landscaped area, or any portion thereof. Each tree shall be at least two inches in caliper, measured six inches from the ground, at the time of planting. Existing trees on site may be used to satisfy this requirement. All landscaping materials shall be distributed throughout the site and shall be appropriately sized to provide adequate coverage and maintain visibility. Where possible, native plants shall be used.

c.

Fencing. Fencing shall be permitted within side or rear yards, provided that the height of such fencing shall not exceed six feet. Fencing shall be permitted inside front yards, provided that the height of such fencing shall not exceed four feet and that it shall be ornamental in nature. All fencing erected in the Overlay Corridor District shall be in accordance with the standards specified in article XIX, section 70-345. Fences of chain link shall not be permitted.

d.

Service access. All service access, including loading docks and trash containers, shall be located only within side or rear yards and shall be screened from view.

e.

Outside storage. Outside storage of equipment, materials, or supplies, if permitted in the underlying district, shall be permitted only in side or rear yards and shall be screened from view. Such screening shall be in accordance with the standards specified in article XIX, section 70-344. Where outdoor waste receptacles are used on site, and screening other than plantings is used, such screening shall be architecturally compatible with the building(s) on site and shall otherwise comply with the standards of article XIX, section 70-344. Vehicles used in conjunction with a permitted use on site may be stored within a parking area designed for such use, but the parking area shall be landscaped in accordance with the standards of this article, or shall be screened in accordance with the standards of article XIX, section 70-344.

f.

Utility lines and structures. To the extent possible, utility service lines shall be located underground or screened from view with landscaping. All junction and access boxes, when located on sites along designated roads, shall be screened from view with landscaping.

g.

Mechanical equipment. All mechanical equipment, including heating and air conditioning units, ventilation units, and other items as determined by the zoning administrator, shall be screened from view. Mechanical equipment shall not be permitted in front yards.

h.

Parking areas. Parking areas shall be located within rear and side yards where possible. All parking areas shall be paved, and curb and gutter shall be used around and within all such parking areas. The number of parking spaces provided shall equal the minimum required in accordance with article XX, unless otherwise approved by the zoning administrator.

i.

Pedestrian access and circulation. A pedestrian access and circulation system shall be provided for every project, and shall be designed so as to provide for safe, attractive and convenient pedestrian travel. The pedestrian access and circulation system shall be designed so as to ensure a direct pedestrian connection between public rights-of-way and buildings within the project, as well as between buildings and other activities within the project. Pedestrian access and circulation systems shall be designed so as to provide pedestrian connections with adjacent lots, where feasible.

j.

Outdoor lighting. On sites along designated roads, outdoor lighting shall be provided in accordance with article XVIII, section 70-342. Such lighting shall be designed as part of a unified program for the development of sites within the Overlay Corridor District.

k.

Buffers. When an industrially- or commercially-zoned property adjoins a residentially-zoned property, a buffer shall be provided along such line in accordance with the standards specified in article XX, section 70-362.

l.

Public water and sewer. Any development within the Overlay Corridor District shall be connected to public water and sewer.

(3)

Design standards. In addition to the existing development standards specified in the zoning ordinance, the following additional standards shall apply in all underlying business and industrial zoning districts on all sites along designated roads within the Overlay Corridor District:

a.

Commercial and industrial buildings. All buildings within the Overlay Corridor District shall be designed as part of a unified program for the development of sites. The plan of development shall include colors, materials, and scale drawings of all structures proposed for a site and shall be submitted for approval along with the architectural elevations at the time of application for a development. All buildings shall be consistent and generally compatible in form and scale within sites and with adjacent sites, as determined by the zoning administrator. Temporary structures shall not be permitted.

b.

Facades. No building exterior (whether front, side, or rear) which would be visible to any district zoned for residential use, or would be visible from any public right-of-way shall consist of architectural materials that are inferior in quality, appearance, or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors, but rather shall preclude the use of inferior materials on sides which face adjoining property.

c.

Historic district. On sites adjacent to designated historic districts, building design shall be consistent and compatible with existing buildings in the historic district.

d.

Materials. Building materials and architectural treatments proposed after the effective date of this chapter shall be consistent within sites and generally compatible with adjacent sites in the Overlay Corridor District. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible from any adjoining residential district or any public right-of-way.

e.

Access. There shall be no direct access onto adjacent public roadways from those outparcels which are part of a larger development site or shopping center.

(4)

Designated roads. Where the term "designated road" is used, it shall refer to all roads and alleys located within Overlay 14 ^th Street Corridor District boundaries as established on the official zoning map.

(5)

Permitted uses, special uses or exceptions, and conditional uses. All uses permitted in the underlying zoning districts shall be permitted in the Overlay 14 ^th Street Corridor District and shall be subject to the standards and regulations applicable in the underlying zoning districts. The following additional development standards shall also apply to Overlay Corridor District development.

(6)

Signs. Signage erected along designated roads after the effective date of this article shall be designed as part of a unified program for the development of sites within the Overlay Corridor District. The program shall include colors, materials, and scale drawings of the signs proposed for use on site and shall be submitted for approval at the time of application for a development. In general, signs shall be permitted in accordance with the standards specified in article XXI, section 70-375, signs permitted in B-1 and SD-1 Districts. Signs shall not obstruct visibility. In addition, shopping center sites developed or redeveloped after the effective date of this article shall be permitted one consolidated sign within the Overlay Corridor District.

(7)

Maintenance of landscaping. All landscaping provided pursuant to this article shall be maintained, and surety provided, in accordance with the standards specified in this article.

(8)

Conflicting requirements. Where the provisions of this section conflict with the requirements of the underlying zoning district, the more stringent standards shall apply.

(9)

Exceptions. The zoning administrator may approve development plans which deviate from the thoroughfare buffer requirements if the site's topography, configuration, or other unique circumstances prevents full compliance with the requirements. In all such cases, the zoning administrator may impose conditions which will accomplish the purposes of the requirements to the maximum extent practicable.

(Ord. No. 02-03, 4-28-03)