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.
[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:
[5]
Buffering and landscape requirements.
(b)
Building setbacks. The Planning Commission
may modify required setbacks in accordance with the following Table
of Standards:
|
---|
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.