Overlay zoning districts are authorized in the
Town of Myersville. An overlay zoning district may be superimposed
on another zoning district to permit uses otherwise disallowed in
that district or to impose supplemental restrictions on uses in that
district. Regulations and standards for an overlay zoning district
are authorized in order to achieve the planning goals and objectives
for development or redevelopment for an area and to provide uniform
comprehensive development in an area.
[Added 4-11-2017 by Ord.
No. 2017-02]
A. Purpose
and intent. There shall be an Historic Town Center (HTC) Overlay District.
The HTC Overlay District is a mapped overlay district which may be
superimposed only in the Village Center (VC) District. The HTC District
is intended to permit planned development in the VC District in order
to preserve an aesthetically pleasing appearance in that district,
to avoid the creation of nuisance or nuisance-like conditions in that
district, to protect the historic character within that district,
and to promote reinvestment and revitalization within that district.
The establishment and placement of an HTC District should be such
that multifamily residential and commercial activities may be grouped
together in an attractive and convenient manner, sensitive to the
historic character of the surrounding community. The establishment
and placement of an HTC District must provide for appropriate pedestrian
access routes to allow pedestrian connectivity to desirable services
and businesses within that district.
B. Permitted
uses. In the HTC District, no building or structure may be erected
or used and no land may be used or occupied except for the following
principal uses:
(1) Parks
and other public open space areas.
(2) Public
buildings and facilities.
(4) General
merchandise, variety or department stores, retail.
(6) Apparel
and accessories, retail.
(7) Furniture,
home furnishings and equipment, retail.
(8) Paint,
glass, wallpaper and hardware, retail.
(9) Heating,
plumbing and electrical equipment, retail.
(10) Finance, insurance and real estate services.
(11) Personal services, laundry, barber, beautician, funeral.
(12) Business services, advertising, employment, consulting.
(13) Professional services, medical, dental, legal, engineering.
(15) Private and commercial schools, dance, business, day care, trade.
(16) Eating and drinking establishments, restaurants.
C. Special exception uses. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with §
165-90:
(2) Public
utility structures and buildings.
D. Special
conditions.
(1) In
an HTC District, processes and equipment employed and goods processed
or sold shall be limited to those which are not hazardous to public
health and safety or which are not a nuisance, nuisance-like or objectionable
by reason of hazard, odor, dust, smoke, cinders, gas, fumes, noise,
vibration, radiation, refuse matter or water-carried waste.
(2) In
an HTC District, the site and development design should be planned
in such a manner as to give consideration to the preservation of existing
historic features, architecture and character.
(3) In
an HTC District, the site and development design should be planned
to accommodate off-street parking only for the uses proposed on the
site improvement plan. Off-street parking for uses other than those
approved on an approved site improvement plan is prohibited.
(4) An
amendment to an approved overlay district master plan, sketch plat,
or site plan may, at the discretion of the Planning Commission, be
submitted and considered concurrently with a pending sketch plat.
E. Development
standards.
(1) In
the HTC District, the minimum standards apply to each lot of record:
(a) Each lot shall have frontage on a public road and shall have a minimum
frontage of 35 feet on that road.
(b) There shall be no minimum lot area.
(c) The minimum front yard depth shall be 15 feet from a public street
on which the lot fronts.
(d) The minimum side yard width shall be eight feet from the side yard
lot lines.
(e) The minimum rear yard depth shall be 20 feet from the rear yard lot
lines.
(2) The
maximum height limitation is 2 1/2 stories.
(3) Site
plan fee. A fee shall be paid by the applicant for each site plan
when submitted to the Planning Commission to partially defray the
costs of examination and consideration of the site plan in accordance
with these regulations. Such fees shall be established, from time
to time, by the Town Council upon the recommendation of the Planning
Commission. The fee schedule shall be maintained on file in the office
of the Town Clerk.