This chapter shall be administered and enforced by the Director of Planning and Codes. The Director of Planning may be provided with the assistance of such other persons as the Town Council may direct. Delegation of such duties and responsibilities in connection with the administration and enforcement of this chapter may be done as deemed appropriate in the judgment of the Director of Planning.
A. 
No building shall be erected, constructed, demolished, altered, moved, converted, extended, or enlarged without the owner first having obtained a permit from the Department of Planning. Such permit shall require conformity with the provisions of this chapter.
B. 
Posting of the property as stated herein shall not be required for sectional or comprehensive amendment procedures.
[Added 5-4-2017 by Ord. No. 684, effective 5-11-2017]
The following provisions and standards are applicable to redevelopment, as defined by this chapter, in all nonresidential zoned districts, including industrial, commercial, institutional, and public lands.
A. 
Definitions: Refer to Chapter 128, Article II.
B. 
Applicability. Where there is a conflict between a general requirement and specific requirement, the specific and most restrictive requirement shall be applicable. The following specific requirements shall be as follows:
(1) 
Consistency with special districts and overlays. Site-specific permits are not applicable for nonresidential properties in special districts and overlays, such as the Historic District Overlay and Redevelopment Overlay, or subdivisions and planned unit developments ("PUD's").
(2) 
All the provisions of the underlying zoning district shall apply unless an application is made for a site-specific permit approval in accordance with the provisions of this code.
C. 
Other laws. The provisions of this code shall not be deemed to supersede any provisions of local, state, or federal law.
D. 
Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any other provision of this code.
E. 
Administration and approval process.
(1) 
The Planning Commission ("Commission") shall approve or deny any application for site-specific permits. Administration of site-specific permit applications shall be by the Director, or his or her designee, of the Department of Planning and Codes.
(2) 
The applicant for a site-specific permit shall be the recorded owner of the property or an agent authorized in writing by the owner.
(3) 
Expiration of approvals. Approvals shall expire two calendar years from issuance by the Commission if substantial construction or progress has not occurred in two calendar years, or the construction is a departure from the approved plans.
(4) 
Time extensions of approved applications. Upon written notice by the applicant and payment of fees, the Director of the Department of Planning and Codes ("Director") may grant a one-time extension of one calendar year, provided that the application is substantially the same and remains consistent with the provisions of this code. Notice of the decision by the Director, or his or her designee, shall be provided in writing and a copy provided to the Commission.
(5) 
Modifications of approved plans. Modifications of an approved site-specific permit application shall be deemed a new application and submitted in accordance with the provisions of this code.
(6) 
Appeals. Appeals of the decision made by the Planning Commission shall be to the Board of Appeals in accordance with § 128-163D(3).
F. 
Site-specific permit standards for approval.
(1) 
Permitted modifications.
(a) 
Density. The Planning Commission may approve an increase in lot coverage density to the maximum extent possible ("MEP"), provided the development proposal complies with all federal, state, and the following where applicable by other provisions of the Town Code:
[1] 
Forest conservation.
[2] 
Stormwater management.
[3] 
Open space.
[4] 
Parking.
[5] 
Buffering and landscape requirements.
(b) 
Building setbacks. The Planning Commission may modify required setbacks in accordance with the following Table of Standards:
Table § 128-196F(1)(b) - (Refer to notes at the end of the table)
Zoning District
Minimum Front yard Setback (feet)
Minimum Side Yard Setback (feet)
Minimum Rear Yard Setback (feet)
General Commercial (GC)
N/A
15
N/A
Regional Highway Commercial (RHC)
20
15
15
Industrial (I)
20
15
15
Mixed Industrial (MI)
15
15
10
Commercial Medical (CM)
N/A
N/A
N/A
Table Notes:
1.
The first 10 feet of yard abutting a street shall be reserved for treescape.
2.
Tree plantings shall be in accordance with § 128-196(F)(1)(c).
3.
These modifications shall be measured from public rights-of-way, easements, or environmental setbacks, such as tidal and nontidal wetlands, critical area buffers, or forest conservation boundaries.
(c) 
Vegetative buffering standards. The Planning Commission may approve the following modifications of the buffering standards as a condition of site-specific permits:
[1] 
Industrial Zoned Uses. Fences may be installed as a condition for vegetative buffering, provided the fencing is installed at the setback in accordance with Table § 128-196F(1)(b), trees are planted in accordance with Note #1 of Table § 128-196F(1)(b), and security is provided for areas not visible from the public right-of-way.
[2] 
Infrastructure protection and tree plantings. A ten-foot buffer shall be maintained surrounding water meters, and trees shall be of the compact root type.
[3] 
Tree and planting types. Trees and planting types shall be native and in accordance with the National Park Service, Fish and Wildlife Service, listing for Chesapeake Bay Watershed native wildlife and habitat conservation.
[4] 
Tree sizes. Mature tree heights shall be in accordance with the following standards:
[a] 
Regional Highway Commercial ("RHC") Zoning District properties: Minimum height is 30 feet when mature.
[b] 
In densely developed areas, the minimum tree heights shall be a minimum of 15 feet and no greater than 30 feet when mature.
[c] 
In all zones, trees adjacent to water meters and sewer lines shall maintain a ten-foot buffer, and trees shall be of compact root type.
(d) 
Parking standards. The Planning Commission may approve the following modifications of the parking standards as a condition of site-specific permits:
[1] 
Mitigation for on-site parking. Where on-site parking standards are technically unfeasible in accordance with Chapter 128, Article XII, off-street and shared parking on adjacent and similar zoned properties may be used to meet the standards as established in Chapter 128, Article XII.
[2] 
Shared parking on properties with different owners. As a condition of any site-specific permit approval related to shared parking, the applicant shall submit an agreement between two different property owners approving such agreement, to be recorded with Land Records.
(2) 
Special conditions of approval of site-specific permits for nonconforming, nonresidential uses and structures.
(a) 
In addition to the provisions of § 128-196F of this code, the following conditions shall apply to all nonconforming, nonresidential uses and structures:
[1] 
The Planning Commission may approve the continuation of a substantially similar use of a nonconforming use and structure.
[2] 
The Planning Commission may approve the continuation of a nonconforming use and structure, provided, as part of this approval, a minimum of a 10-foot setback is maintained on public rights-of-way where technically feasible, a minimum of five-foot sidewalk is installed where no sidewalk exists, and five feet measured from the public right-of-way are used for vegetative buffer.
[3] 
The Planning Commission may approve the continuation of a nonconforming use and structure, provided noise levels in residential areas shall not exceed 65 decibels measured from a public right-of-way between the hours of 8:00 a.m. to 6:00 p.m., or otherwise cause a nuisance. Noise shall not exceed 65 decibels before 8:00 a.m. or after 6:00 p.m.
[4] 
The Planning Commission may approve the continuation of a nonconforming use and structure, provided noise or any other types of discharges or storage does not create a nuisance in accordance with Chapter 94, Property Maintenance, of the Town Code.
[5] 
The Planning Commission may approve the continuation of a nonconforming use and structure, provided parking and storage do not create a nuisance. Fencing or other material may be used to conceal excess storage.