Chapter 110 6

Town of Elkton

Town Code

ARTICLE VI

Uses in Districts

§ 110-601. Conservation District C-l.

A. Intent of Conservation District C-l. This district covers portions of the town which are occupied by various open uses, such as agriculture, national forests and parks, state-owned forest and parklands, and local-govemment-owned lands. This district is established for the specific purpose of providing recreation and open space uses, conservation of water and other natural resources, reducing soil erosion, protecting watersheds, and reducing hazards from flood and fire.

B. Permitted uses. Within the Conservation District C-l the following uses are permitted:

(1) Wildlife areas or game refuges.

(2) Flood control and watershed structures.

(3) Public utilities.

(4) Public service or storage buildings.

(5) Nursery or tree farms.

(6) Fish hatcheries.

(7) Timber production, forests.

(8) Agriculture.

(9) Public water and sewage systems.

C. Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:

(1) Parks, playgrounds, and recreational facilities, commercial and noncommercial.

(2) Cemeteries.

D. Lot regulations.

(1) Main building:

(a) Minimum lot size:

[1] 12,500 square feet with public water and sewer.

[2] 21,000 square feet with other facilities.

(b) Setback: 25 feet.

(d) Side yard:

[1] One side: 10 feet.

[2] Two sides: 20 feet.

[3] Add 15 feet for comer lots.

[4] Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.

(e) Rear yard: 25 feet.

(f) Maximum height: 35 feet.

(2) Accessory buildings and uses: N/A.

E. See § 110-701, Area regulations.

F. See § 110-708, Nonconforming uses.

§ 110-602. Low-Density Residential District R-1.

A. Purpose of the Low-Density Residential District R-1. This district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, and to promote and encourage a suitable environment for family life. To these ends, development is limited to relatively low concentration, and permitted uses are limited basically to single-unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district.

B. Permitted uses. Within the Low-Density Residential District R-1 the following uses are permitted:

(1) Single-family detached dwellings;

(2) Public utilities;

(3) Public water and sewage facilities;

(4) Public service or storage buildings.

(5) Modular homes. [Added 3-25-1991]

C. [Amended 3-25-1991] Special exceptions. When, after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:

(1) Schools.

(2) Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.

(3) Public parks, playgrounds, recreational facilities; tennis courts, public swimming pools and outdoor recreational activities, all of a noncommercial nature. No swimming pool or structure shall be located closer than 100 feet from any residential lot.

(4) Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.

(5) Bed-and-breakfast facilities, limited.

(6) Cemeteries.

(7) (Reserved)

(8) Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.

D. Accessory uses. Where a lot is devoted to a permitted principle use, customary accessory uses and structures are authorized, including but not limited to the following:

(1) Living quarters of persons principally employed on the premises.

(2) Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.

(3) Temporary buildings or office trailers for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.

(4) Signs as provided for in Article VII.

(5) Parking as provided for in Article VII.

(6) Private parking garage.

(7) Shelter for house pets.

(8) Private swimming pool.

(9) Satellite antenna.

(10) Home occupations in accordance with § 110-705. [Added 4-18-2005]

E. Lot regulations.

(1) Main building:

(a) Minimum lot size:

[1] 21,000 square feet with public water and sewer.

[2] 21,000 square feet with other facilities.

(b) Setback: 30 feet.

(d) Side yard:

[1] One side: 15 feet.

[2] Two sides: 30 feet.

[3] Add 15 feet for corner lots.

(e) Rear yard: 35 feet.

(f) Maximum height: 35 feet.

[1] The height limit for dwellings may be increased up to a maximum of 45 feet and up to three stories, provided that each side yard is 20 feet, plus one foot or more of side yard for each additional foot of building height over 35 feet.

[2] A public or semipublic building, such as a school, church, or library, may be erected to a height of 60 feet from grade, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.

[3] Church spires, belfries, cupolas, municipal water towers, chimneys, flues, flagpoles, television antenna and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

[4] For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(2) Accessory buildings and uses: 10 feet from main building.

(a) Side yard: 5 feet.

[ 1 ] Add 15 feet for comer lots.

[2] Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.

(b) Rear yard: 5 feet

(c) Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.

F. See § 110-701, Area regulations.

G. See § 110-708, Nonconforming uses.

§ 110-603. Low-Density Residential District R-2.

A. Purpose of Low-Density Residential District R-2. This district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life. To these ends, development is limited to relatively low concentration, and permitted uses are limited basically to single-unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district.

B. Permitted uses. Within the Low-Density Residential District R-2 the following uses are permitted:

(1) Single-family detached dwellings.

(2) Public utilities.

(3) Public water and sewage facilities.

(4) Public service or storage buildings.

(5) Modular homes. [Added 3-25-1991]

(1) Schools.

(2) Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.

(3) Public parks, playgrounds, recreational facilities, tennis courts, swimming pools and outdoor recreational activities, all of a noncommercial nature. No public swimming pool or structure shall be located closer than 100 feet from any residential lot.

(4) Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.

(5) Bed-and-breakfast facilities, limited.

(6) Cemeteries.

(7) (Reserved)

(8) Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.

D. [Amended 11-18-1991] Accessory uses. Where a lot is devoted to a permitted principle use, customary accessory uses and structures are authorized, including but not limited to the following:

(1) Living quarters of persons principally employed on the premises.

(2) Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.

(3) Temporary buildings or office trailers for uses incidental to construction work; such buildings shall be removed upon completion or abandonment of the construction work.

(4) Signs as provided for in Article VII.

(5) Parking as provided for in Article VII.

(6) Private parking garage.

(7) Shelter for house pets.

(8) Private swimming pool.

(9) Satellite antenna.

(10) Home occupations in accordance with § 110-705. [Added 4-18-2005]

E. Lot regulations.

(1) Main building:

(a) Minimum lot size:

[1] 12,500 square feet with public water and sewer.

[2] 21,000 square feet with other facilities.

[3] For certain R-2 lots with frontage at the setback line of 50 feet or more but less than 100 feet, see the exception contained in § 110-708B(l)(b).

(b) Setback: 25 feet.

(d) Side yard:

[1] One side: 10 feet.

[2] Two sides: 20 feet.

[3] Add 15 feet for comer lots.

(e) Rear yard: 25 feet.

(f) Maximum height: 35 feet.

(2) Accessory Buildings and uses: 10 feet from main building.

(a) Side yard: 5 feet.

(b) Add 15 feet for corner lots.

(c) Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.

(d) Rear yard: 5 feet.

(e) Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.

F. See § 110-701, Area regulations.

G. See § 110-708, Nonconforming uses.

§ 110-604. Single-Family Residential District R-3.

A. Purpose of Single-Family Residential District R-3. The purpose of the R-3 Single-Family Residential District is to encourage residential neighborhoods and to stabilize and protect the essential character of such neighborhoods. The regulations for this district tend to protect against encroachment of commercial or industrial uses and other uses likely to generate noise, crowds, concentrations of traffic, light, dust, odors, smoke, or other obnoxious influences.

B. Permitted uses. Within the Single-Family Residential District R-3 the following uses are permitted:

(1) Single-family detached dwellings.

(2) Public utilities.

(3) Public water and sewage facilities.

(4) Public service or storage buildings.

(5) Modular homes. [Added 3-25-1991]

(1) Schools.

(2) Churches and other places of worship with attendant educational, and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.

(3) Public parks, playgrounds, recreational facilities, tennis courts, public swimming pools, and outdoor recreational activities, all of a noncommercial nature. No public swimming pool or structure shall be located closer than 100 feet from any residential lot.

(4) Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.

(5) Family care homes, foster homes, or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.

(6) Bed-and-breakfast facilities, limited.

(7) Homes for adults.

(8) Commercial radio wave towers.

(9) Cemeteries.

(10) (Reserved)

(11) Other uses of the same general character as those listed have and deemed appropriate by the Planning Commission and in accordance with Article VIII.

D. [Amended 11-18-1991] Accessory uses. Where a lot is devoted to a permitted principle use, customary accessory uses and structures are authorized, including but not limited to the following:

(1) Living quarters of persons principally employed on the premises.

(2) Travel trailers which shall be stored within the minimum yard requirements and shall be prohibited from occupancy.

(3) Temporary buildings or office trailers for uses incidental to construction work; such buildings shall be removed upon completion or abandonment of the construction work.

(4) Signs as provided for in Article VII.

(5) Parking as provided for in Article VII.

(6) Private parking garage.

(7) Shelter for house pets.

(8) Private swimming pool.

(9) Satellite antenna.

(10) Home occupations in accordance with § 110-705. [Added 4-18-2005]

E. Lot regulations.

(1) Main building:

(a) Minimum lot size:

[ 1 ] 10,000 square feet with public water and sewer.

[2] 21,000 square feet with other facilities.

[3] Existing lots of 6,250 square feet or greater may be developed in the R-3 Residential Single-Family, R-4 Residential, and R-5 Residential Districts. All subdivision of parcels into lots less than 6,250 square feet shall be prohibited in all districts, except for R-4 and R-5 Residential Districts. The R-l and R-2 Districts will remain the same, but the R-3 Residential Single-Family District will require lot sizes of a minimum of 10,000 square feet. [Amended 6-17-1997]

(b) Setback: 25 feet.

(d) Side yard:

[1] One side: five feet.

[2] Two sides: 15 feet.

[3] Add 15 feet for comer lots.

(e) Rear yard: 25 feet.

(f) Maximum height: 35 feet.

[4] For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(2) Accessory buildings and uses: 10 feet from main building.

(a) Side yard: five feet.

[1] Add 15 feet for comer lots.

(b) Rear yard: five feet.

(c) Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.

F. See § 110-701, Area regulations.

G. See § 110-708, Nonconforming uses.

§110-605. Residential District R-4.

A. Purpose of Residential District R-4. The purpose of the R-4 Residential District is to protect the residential character of established neighborhoods and communities. The regulations for this district tend to reflect and protect established neighborhoods which reflect on long-standing character.

B. Permitted uses. Within the Residential District R-4 the following uses are permitted:

(1) Single-family detached dwellings.

(2) Two family dwellings, provided that the intent of this district is maintained in the design and use of two-family dwellings.

(3) Public utilities.

(4) Public water and sewage facilities.

(5) Public service or storage buildings.

(6) Modular homes. [Added 3-25-1991; amended 12-18-2000]

(1) Schools.

(2) Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.

(3) Public parks, playgrounds, recreational facilities, tennis courts, public swimming pools and outdoor recreational activities, all of a noncommercial nature. No swimming pool or structure shall be located closer than 100 feet from any residential lot.

(4) Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.

(5) Family care homes, foster homes or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.

(6) Commercial radio wave towers.

(7) Bed-and-breakfast facilities, limited.

(8) Cemeteries.

(9) (Reserved)

(10) Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.

D. [Amended 11-18-1991] Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:

(1) Living quarters of persons principally employed on the premises.

(2) Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.

(3) Temporary buildings of office trailers for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.

(4) Signs as provided for in Article VII.

(5) Parking as provided for in Article VII.

(6) Private parking garage.

(7) Shelter for house pets.

(8) Private swimming pool.

(9) Satellite antenna.

(10) Home occupations in accordance with § 110-705. [Added 4-18-2005]

E. Lot regulations.

(1) Main building:

(a) Minimum lot size:

[1] 6,250 square feet with public water and sewer. If two-family dwelling, 6,250 square feet for first unit and 3,000 square feet for additional unit, making a total of 9,250 square feet.

[2] 21,000 square feet with other facilities.

[3] Maximum density is eight units per acre.

(b) Setback: 25 feet.

(d) Side yard:

[1] One side: five feet.

[2] Two sides: 15 feet.

[3] Add 15 feet for corner lots.

(e) Rear yard: 25 feet.

(f) Maximum height: 35 feet.

[4] For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(2) Accessory buildings and uses: 10 feet from main building.

(a) Side yard: five feet.

[1] Add 15 feet for corner lots.

[2] Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard oh such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.

(b) Rear yard: five feet.

[1] Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.

F. See § 110-701, Area regulations.

G. See § 110-708, Nonconforming uses.

§ 110-606. Residential District R-5.

A. Purpose of Residential District R-5. The purpose of the R-5 Residential District is to protect the residential character of established neighborhoods and communities. The regulations for this district tend to reflect and protect established neighborhoods which reflect on long-standing character.

B. Permitted uses within Residential District R-5. The following uses are permitted:

(1) Single-family detached dwellings.

(2) Duplexes.

(3) Two-family dwellings.

(4) Multiple-family dwellings and single-family dwellings, provided that no more than eight dwelling units shall be permitted in each multiple-family dwelling or single-family attached dwelling, and provided that, with respect to townhouses, the use is in compliance with the provisions of § 110-709 of this chapter. [Amended 8-27-1990; 10-15-1990]

(5) Public utilities.

(6) Public water and sewage facilities.

(7) Public service or storage buildings.

(8) Apartments located in the same building as a private garage, but only if a single-family detached dwelling exists on the same lot, and further limited to a single such apartment on such lot. [Amended 11-19-1990]

(9) Modular homes. [Added 3-25-1991]

(1) Schools.

(2) Churches and other places of worship with attendant educational and recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.

(4) Child-care centers and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.

(5) Foster care homes, foster homes, or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.

(6) Commercial radio wave towers.

(7) Bed-and-breakfast facilities, limited.

(8) Cemeteries.

(9) (Reserved)

(10) Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.

D. [Amended 11-18-1991] Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:

(1) Living quarters of persons principally employed on the premises.

(2) Travel trailers, which may be stored within the minimum yard requirements and shall be prohibited from occupancy.

(3) Temporary buildings or officer trailers for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.

(4) Signs as provided for in Article VII.

(5) Parking as provided for in Article VII.

(6) Private garage.

(7) Shelter for house pets.

(8) Private swimming pool.

(9) Satellite antenna.

(10) Home occupations in accordance with § 110-705. [Added 4-18-2005]

E. Lot regulations.

(1) Main building:

(a) Minimum lot size:

[1] 6,250 square feet with public water and sewer. If two-family dwelling, 6,250 square feet for first unit and 3,000 square feet for each additional attached unit.

[2] 21,000 square feet with other facilities.

[3] Maximum density is eight units per acre. [4] See § 110-709 for townhouses.

(b) Setback: 25 feet.

(d) Side yard:

[1] One side: 10 feet.

[2] Two sides: 20 feet.

[3] Add 15 feet for comer lots.

(e) Rear yard: 25 feet.

(f) Maximum height: 35 feet.

[4] For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(2) Accessory buildings and uses: 10 feet from main building.

(a) Side yard: 5 feet.

[1] The side yard requirements for accessory buildings and uses on townhouse lots of 20 feet in width or less shall be zero. For lots from 20 feet wide to 50 feet wide, the side yard shall be two inches per foot for each foot of width over 20 feet in width, except on comer lots where the regular side yard distances apply as noted below.

[2] Add 15 feet for corner lots.

[3] Minimum side yard requirement of this chapter, for yards facing streets, shall not apply to any lot where the average side yard on developed lots within the same block and zoning district and fronting on the same street is less than the minimum. In such cases, the side yard on such lot may be less than the required side yard, but not less than the average of the existing side yards on the existing developed lots.

(b) Rear yard: five feet.

(c) Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height.

F. See § 110-701, Area regulations.

G. See § 110-708, Nonconforming uses.

§ 110-607. High-Density Residential District R-6.

A. Purpose of High-Density Residential District is to provide for higher development densities in accordance with the Elkton Comprehensive Plan. The regulations for this district provide for development which is not completely residential as it includes public and semipublic, institutional and other related uses. However, it is basically residential in character, and as such, is protected against encroachment of heavy commercial, industrial, and other uses likely to generate noise, crowds, large concentrations of traffic, light, dust, odors, smoke, and other obnoxious influences.

B. Permitted uses. Within the High-Density Residential District R-6 the following uses are permitted:

(1) Multiple-family dwellings, apartments, townhouses, (as regulated in § 110-709 of this chapter).

(2) Professional offices in structures similar in character with surrounding neighborhoods.

(3) Tourist homes.

(4) Public water and sewage facilities.

(5) Public service or storage buildings.

(6) Public utilities.

(5) Modular homes. [Added 3-25-1991]

C. [Amended 3-25-1991] Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:

(1) General hospitals.

(2) Schools.

(3) Churches and other places of worship with attendant educational recreational facilities. No recreational facility shall be located closer than 100 feet from any residential lot.

(4) Public parks, playgrounds, recreational facilities, tennis courts, public swimming pools and outdoor recreational activities, all of a noncommercial nature. No swimming pool or structure shall be located closer than 100 feet from any residential lot.

(5) Child-care centers, and family day-care homes. The main structure shall not be located closer than 50 feet from any residential lot.

(6) Commercial operations which:

(a) Will not adversely affect the health or safety of persons residing in the neighborhood of the proposed use;

(b) Will not be detrimental to the public welfare or injurious to property or improvements;

(d) Will comply with all other provisions regulating such uses.

(7) Boardinghouses.

(8) Family care homes, foster homes or group homes serving the mentally retarded, developmentally disabled or others, rest homes, homes for adults, or nursing homes, provided that licensing requirements are met.

(9) Clubs, fraternities, lodges and meeting places of other organizations, provided that the buildings in which such meetings are housed shall be located at least 50 feet from any other lot.

(10) Commercial radio wave antenna towers.

(11) Bed-and-breakfast facilities, limited.

(12) (Reserved)

(13) Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.

D. [Amended 11-18-1991] Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:

(1) Living quarters of persons principally employed on the premises.

(2) Travel trailers, which may be stored within the minimum yard requirements, and occupancy therein shall be prohibited.

(3) Temporary buildings or office trailers, for uses incidental to construction work, such buildings shall be removed upon completion or abandonment of the construction work.

(4) Signs as provided for in Article VII.

(5) Parking as provided for in Article VII.

(6) Home occupations in accordance with § 110-705. [Added 4-18-2005]

E. Lot regulations.

(1) Main building:

(a) Minimum lot size:

[1] 2,500 square feet for each unit with public water and sewer.

[2] 21,000 square feet with other facilities.

[3] Maximum density is 17 units per acre.

[4] See § 110-709 for townhouses.

(b) Setback: 30 feet.

(d) Side yard:

[1] One side: 10 feet.

[2] Two sides: 20 feet.

[3] Add 15 feet for comer lots.

(e) Rear yard: 25 feet.

(f) Maximum height: 35 feet.

[4] For buildings over 45 feet in height, approval shall be obtained from the Zoning Administrator. Chimneys, flues, cooling towers, flagpoles, radio or communication towers, or their accessory facilities, not normally occupied by workers are excluded from this limitation. Parapet walls are permitted up to four feet above the limited height of the building on which the walls rest.

(2) Accessory buildings and uses: 20 feet from main building,

(a) Side yard: 10 feet.

[2] Add 15 feet for comer lots.

(b) Rear yard: 10 feet.

(c) Height: 35 feet. Accessory buildings over one story in height shall be at least 10 feet from any lot line. All accessory buildings shall not exceed the main building in height. F. See § 110-701, Area regulations.

G. See § 110-708, Nonconforming uses.

§ 110-608. Residential District R-7.

A. Purpose of Residential District R-7. The purpose of the Residential District R-7 is to allow low-cost residential development in the form of manufactured home parks and manufactured home subdivisions.

B. Permitted uses. Within the Residential District R-7 the following uses are permitted:

(1) Manufactured home parks in accordance with Article VII.

(2) Manufactured home subdivisions in accordance with Article VII and meeting the requirements of Article IX

(3) Buildings housing management offices, child-care centers, laundry facilities, or indoor recreational facilities or other service facilities may be permitted, provided that:

(a) Parking requirements for such facilities are met in accordance with Article VII.

(b) Such uses are subordinate to the residential use and character of the park or subdivision.

(4) Public utilities.

(5) Public water and sewage facilities.

(6) Public service or storage facilities.

C. Special exceptions. When after review of an application and hearing thereon, in accordance with Article VIII herein, the following uses may be permitted by special exception permit:

(1) Neighborhood commercial uses, provided that they are designed and intended to meet the service needs of persons residing in the park or subdivision and its immediate neighborhood.

(2) Commercial radio wave towers.

(3) (Reserved)

(4) Other uses of the same general character as those listed above and deemed appropriate by the Planning Commission and in accordance with Article VIII.

D. Accessory uses. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized, including but not limited to the following:

(1) Living quarters of persons principally employed on the premises.

(2) Temporary buildings or office trailers for uses incidental to construction work, such buildings, shall be removed upon completion or abandonment of the construction work.

(3) Signs as provided for in Article VII.

(4) Parking as provided for in Article VII.

(5) Home occupations in accordance with § 110-705. [Added 4-18-2005]

§ 110-609. Planned Unit Development District R-8.

A. Purpose and intent. The purpose of the Planned Unit Development District R-8 is to permit larger-scale development and clustering of single-family residential dwelling units through design innovation to provide for a neighborhood with a variety of housing types and densities, neighborhood shopping facilities, schools, parks, playgrounds, off-street parking and, where necessary, land reserved to provide local employment opportunities. The development in this district shall substantially conform to a comprehensive land use master plan and shall conform to a detailed final plan. Land zoned R-8 for which a master plan conforming to the requirements of this chapter has not been approved shall not be further developed until a master plan, final plan and, as applicable, a subdivision plat have been approved. With respect to land located in a district other than R-8 for which R-8 zoning is sought, an approved master plan shall be a requirement of the rezoning process and a proposed master plan shall be submitted with the application for an amendment to the Zoning Map.

B. Permitted uses. Within the Planned Unit Development District R-8 the following uses are permitted:

(1) Single-family detached dwellings.

(2) Two-family dwellings.

(3) Multifamily dwellings, apartments, townhouses (as regulated in § 110-709 of this chapter) and condominiums.

C. Accessory uses. In addition to the principal uses, other commercial or noncommercial service uses may be permitted provided that:

(1) Such uses are intended primarily to serve the needs of the project area residents.

(2) Such uses are designed and located for the convenience of project area residents and to protect the character of the district.

(3) All subsequent changes in use shall be approved by the Planning Commission or its agent.

(4) All commercial uses shall not total more than 10% of the total project area.

(5) Construction of commercial facilities shall not begin until 25% of the residential units or 250 dwelling units, whichever is less, of the total planned development has been completed.

D. Qualifying requirements. A tract or parcel of land may be considered for R-8 Planned Unit Development District Zoning only if it meets the following conditions:

(1) Ownership requirements. The project area must be five acres or more, owned by one person or the application shall be filed jointly by the owners of all land within the project area. The holder of a written option to purchase land shall, for the purposes of such application, be deemed to be an owner of such land. [Amended 7-20-1992]

(2) Availability of public utilities. The project area must be located where public water and sewer systems are available or where a community water and sewer system can be developed as part of the project.

(3) Land suitability. Rezoning of land to an R-8 Planned Unit Development District may be denied if the Town Council determines that the land is not suitable for development because of inadequate road access, geographic constraints, inadequate community facilities, excessive distance to employment areas, nonconformity to town development plans, or other public health, welfare or safety objectives.

E. Site design requirements. The following are the site design requirements for the R-8 Planned Unit Development District:

(1) Maximum density. The gross residential density shall not exceed 12 dwelling units per acre.

(2) Common open space. Minimum open space shall be not less than 30% of the total project area exclusive of buildings, streets, alleys, roads, parking areas, walks, patios, and other similar improvements but inclusive of swimming pools and other active and passive recreational areas.

(3) Functional relationships. The master plan and final plan shall be designed for convenient relationships between the various functional areas of the project such as residential, recreational and shopping.

(4) Lot design. The lot design, arrangement, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and provide convenient and safe access.

(5) Street design. The street system within the project area shall:

(a) Be adequate to serve projected traffic flow;

(b) Assure safe and convenient sight distances;

(d) Coordinate with existing and planned streets;

(e) Be dustproof and passable year round;

(f) Comply with applicable minimum Virginia Department of Transportation design and construction criteria; and

(g) Include curb, gutter and sidewalks as required by the town.

(6) Street names and signs. The name of proposed streets shall not duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, driveway, place, lane or court. Proposed streets, which are obviously in alignment with other already existing and named streets, shall bear the names of the existing streets. Street names shall be indicated on the master plan, final plan, preliminary and final subdivision plat. Street signs shall be provided at all intersections.

(7) Streetlighting. Streetlighting shall be provided on all streets in the development.

(8) Pedestrian circulation. Provision shall be made for pedestrian circulation, which will enable residents, visitors and/or patrons to walk safely and conveniently between the various functional areas of the project and adjacent circulation systems, as determined appropriate by the town, including sidewalks if determined appropriate by the town.

(9) Parking. Off-street parking shall be provided in accordance with § 110-703C in adequate amounts and in convenient locations. Wherever feasible, parking areas should be designed to preserve natural amenities and should avoid excessive concentrations of pavement by scattered landscaping and tree planting. Generally, two parking spaces should be provided for each dwelling unit.

(10) Water and sewer. All Planned Unit Development Districts shall be served by collective water and sewer systems as follows:

(a) Wherever feasible the project area water and sewer lines shall be connected to existing public systems.

(b) Where connection to existing public water or sewer systems are not feasible, the developer shall provide community water or sewer systems.

(11) Community facilities. Reservation or dedication of land for community facilities may be required if the need is created by the project area development or if proposed on the town comprehensive land use plan.

(12) Fire hydrants. Fire hydrants shall be provided throughout the project area in such locations to provide adequate fire protection.

(13) Drainage. Adequate drainage shall be provided. The street and lot plan shall be designed to avoid drainage problems. Where storm drains or drainage ditches are required, or where an existing waterway or drainage way traverses the project area, an easement or right-of-way shall be provided with adequate improvements to contain the drainage flows from the tributary area upstream of the watershed.

(14) Floodways. Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger of health, life, or property, or aggravate erosion or flood hazard. Such land within the project area shall be used as common open space or other uses which would not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare.

(15) Easements. Easements through the project area shall be provided for water, sewer, gas, telephone, power and other utilities as required by the respective utility departments, agencies or companies.

(16) Grading. The design shall minimize the amount of grading required for development to the extent feasible, the natural lay of the land shall be maintained except where grading is required for public health or safety.

(17) Natural amenities. The developer shall make every reasonable effort to protect and preserve the natural amenities of the site such as tree cover, waterways and scenic overlooks. The design shall maximize the use and enjoyment of natural amenities by project residents.

(18) Landscaping and screening. Landscaping and screening may be required to improve the project appearance or to provide a buffer between potentially conflicting uses.

F. Master plan.

(1) Master plan map. The proposed master plan shall include an accurately scaled development map of the project, including:

(a) Proposed land uses including residential types, commercial types, recreation and any other proposed use.

(b) Proposed street system including public and private right-of-way.

(d) Proposed preliminary subdivision lot lines.

(e) Proposed utility rights-of-way or easements including water, sewer, gas, power, and telephone.

(f) Proposed general drainage plan.

(g) Proposed location of buildings, structures, and improvements, except single-family dwellings.

(h) Areas designated for proposed common property.

(i) Proposed pedestrian circulation system.

(j) A general description of proposed landscaping plan.

(k) Proposed treatment of the project perimeter such as screening or landscaping.

(l) Relationships to adjacent properties and proposed or existing connections for access and utilities.

(2) Master plan data. The proposed master plan shall also include the following:

(a) A legal description or current survey plat of the project boundaries.

(b) A statement of existing and proposed property owners.

(d) A statement of project development objectives and character to be achieved.

(e) An approximate development schedule including dates of proposed construction beginning and completion and staging plan, if appropriate.

(f) A statement of intent regarding future selling or leasing of lots and improvements.

(g) Quantitative data including the number and type of dwelling units; parcel sizes; gross and net residential densities; total amount and percentage of open space, residential, commercial, and other land use types; total ground area covered by buildings other than single-family dwellings.

(h) Proposed building types, other than single-family dwellings including architectural style, height, and approximate floor area.

(i) Approvals from the Virginia Department of Transportation and the Health Official.

(j) Proposed agreements, provisions, or covenants which govern the use,
maintenance, and continued protection of property to be held in common
ownership.

(k) A statement of proposed temporary and permanent erosion and sedimentation control measures to be taken.

(l) The identify of all real parties with an equitable interest in the land within the project area.

(3) Application for approval of master plan for land in R-8 District. Ten copies of an application for the approval of a master plan shall be filed, consisting of the proposed master plan and a written request for approval. The Zoning Administrator shall promptly forward the application and data to the Planning Commission for its review and recommendation. The Planning Commission shall consider the general plan for the community, the location, arrangement and size of lots, parks, school sites and other reservations of open space; the location and design characteristics of streets, including curb, gutter and sidewalks; the location and arrangement of parking areas; the location, arrangement and height of buildings; the location, arrangement and design of neighborhood business areas and related parking areas; the gross densities proposed for the project area; and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the type and the character of adjoining neighborhoods and the peculiar suitability of the proposed uses.

(4) Rezoning. If the project area for a proposed planned unit development does not lie within an R-8 District, then the approval of a master plan shall be an additiona