§ 58-5. Zoning districts established.
In order to achieve the purpose of this chapter, the following districts, based on the concepts and proposals of the land development plan of the town, are hereby established. In addition to the primary uses which are permitted by right or through the issuance of a conditional zoning permit, other uses, including accessory uses, off-street parking and signs, are permitted as listed in this chapter:
(1)
R residential districts. These districts are established to encourage the retention of existing farms and low density residential areas, which are compatible with the land development plan concept of retaining the suburban, rural character of the community. Residential development must be restricted to a sufficiently low density since there is no public water supply and development is dependent upon septic tanks on individual lots for sewage disposal. In order to provide for a healthful, rural environment, residential development must continue in a large lot, low density fashion.
a.
R-80 single-family and agricultural. This district allows for agricultural uses and single-family residential development. The minimum lot size is 80,000 square feet.
b.
R-60 single-family and agricultural. This district allows for agricultural uses and single-family development. The minimum lot size is 60,000 square feet.
c.
R-40 single-family and agricultural. This district allows for agricultural uses and single-family residential development. The minimum lot size is 40,000 square feet.
d.
R-40(D) two-family development. This district allows duplexes on lots with a minimum size of 40,000 square feet. This district was established to regulate one specific geographical area in the town. Since the area has been developed recently and contains a number of duplexes, the town does not want to label the area with a nonconforming status. However, in adhering to the policies and goals contained in the land development plan, the town has no intention of creating any other duplex districts elsewhere in the town. The concern with this type of residential development is that the higher density is in conflict with the low density and single-family character of the town.
e.
R-CD residential conservation district. The purpose of this district is to promote conservation subdivisions and encourage the preservation of open space and unique environmental features in the town, including, but not limited to, viewsheds, forestland, farmland, historic sites, steep slopes, rock formations and land adjacent to parks. Incentives are included in the R-CD district to encourage conservation subdivisions in the future by allowing residential lot sizes smaller than those found in other zoning districts in the town.
f.
R-E residential district. This district allows single-family residential development with a minimum lot size of 20,000 square feet. This district is established to regulate subdivisions that are annexed by the town and do not meet any existing zoning district. Since these lots are existing, the town does not want to label the area as nonconforming. However, in adhering to the policies and goals contained in the land development plan, the town has no intention of creating any other of these districts elsewhere in the town. The concern with this type of residential development is that the higher density is in conflict with the low density character of the town.
(2)
B business districts. These districts were established before conditional zoning was available for use by municipalities. The town has no intention of creating any other of these districts elsewhere in the town. Conditional zoning districts are available for future retail, commercial and business.
a.
B-1 general business district.
1.
This district is established to provide an area for neighborhood business without undue conflict with, detriment to, or disruption from nearby land uses or zoning districts.
2.
This district is designed primarily for retailing of merchandise such as groceries, drugs and household items for furnishing certain personal, business, and professional services for the convenience of residents of the town area. This district is located at an accessible location with respect to traffic circulation in order to conveniently serve the resident population. All permitted uses locating in the B-1 district shall have a maximum gross floor area of 3,000 square feet. Uses otherwise permitted within this zone which exceed a gross floor area of 3,000 square feet may be permitted on a conditional zoning basis only.
b.
B-2 local shopping center district. This district is established to provide for the controlled development of more intense retail and service uses designed to serve the immediate town area. Certain uses will be permitted on an individual use basis only. The purposes of a planned local shopping center district is to provide for an orderly arrangement of convenience and comparison shopping outlets and adequate off-street parking and other amenities. However, local shopping centers are allowed in this district only on a conditional use basis. This zone is not shown on the zoning map of the town at the time of the adoption of the ordinance from which this chapter is derived.
(3)
Conditional zoning district.
a.
The conditional zoning district process allows for the establishment of certain uses that, because of their nature or scale, have particular impacts on both the immediate area and the community as a whole. The development of these uses cannot be predetermined or controlled by general district standards. In order to accommodate these uses, this section establishes specific development standards for these uses that allows for flexibility in development while protecting existing nearby areas. The process for approval of a conditional zoning district is explained in section 58-271. The rezoning of any parcel of land to a conditional district should be a voluntary process initiated by the property owner. Any application to rezone an area to a conditional zoning district shall be reviewed in light of the goals, objectives and implementation strategies of the town land use plan and all other plans and regulations officially adopted by the town council. The review process established in this part provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions which ensure compatibility of the use with the use and enjoyment of neighboring properties and in accordance with the general plans of development of the town.
b.
B-1(CD) general business district. The B-1(CD) general business district is hereby established as a conditional zoning district. The B-1(CD) district is intended to provide an area for a neighborhood business without undue conflict with, detriment to, or destruction from nearby land uses or zoning districts. These districts were established before conditional zoning was available for use by municipalities. The town has no intention of creating any other of these districts elsewhere in the town. Conditional zoning districts are available for future retail, commercial and business. Any development or redevelopment occurring after August 1, 2010, shall comply with MX development standards.
This district is designed primarily for retailing of merchandise such as groceries, drugs and household items for furnishing certain personal, business, and professional services for the convenience of residents of the town area. This district is located at an accessible location with respect to traffic circulation in order to conveniently serve the resident population.
c.
B-2(CD) local shopping center district. The B-2(CD) local shopping center district is hereby established to provide for the controlled development of more intense retail and service uses designed to serve the immediate town area. Certain uses will be permitted on an individual use basis. The purpose of a planned local shopping center district is to provide for an orderly arrangement of convenience and comparison shopping outlets and adequate off-street parking and other amenities. These districts were established before conditional zoning was available for use by municipalities. The town has no intention of creating any other of these districts elsewhere in the town. Conditional zoning districts are available for future retail, commercial and business. Any development or redevelopment occurring after August 1, 2010, shall comply with MX development standards.
d.
MX mixed-use district. The MX mixed-use district is hereby established as a conditional zoning district. The MX mixed-use district is intended as a limited use district with a very high level of design control including both site and building features. It is designed to allow a variety of office, commercial and limited residential uses only in carefully considered locations requiring a high level of design control by the town. Each site proposed for MX mixed-use district zoning must be evaluated by the town council as to its appropriateness for such designated use. Factors to be taken into consideration include, but are not limited to, accessibility, surrounding uses, site design including building arrangement, aesthetics, signage, height, size and elevation design, traffic impact within the proposed development and the surrounding service area including vehicular and pedestrian circulation and parking area design and location, setbacks, buffer effectiveness and stormwater management. It is the intent of the district to encourage high quality design and innovative arrangement of buildings, parking and open space. Because of the nature of all the factors listed, the approval of a location for the MX mixed-use district is at the sole discretion of the town council and in no way implies that any other site will be found acceptable for similar designation.
(4)
E-D educational district. This district is established to provide for the specific circumstances and needs of the educational institutions, (limited to elementary, middle and high school) within the town's jurisdiction. The uses permitted within this district shall be limited to those of an educational nature for the necessary operation of the educational institutions. Requirements specific to this district are listed in article II, section 58-61 of this Code. Discontinuation of any school shall result in the loss of the educational district zoning and will initiate a rezoning back to the original zoning district. Additionally, discontinuation of any school after five years will require the property owner to remove the buildings.
(Ord. No. 87-04-08, § 3.1, 4-8-1987; Ord. No. O-2006-04, 1-9-2006; Ord. No. O-2006-18, 9-11-2006; Ord. No. O-2006-20, § 3.1, 11-13-2006; Ord. No. O-2008-06, 4-14-2008; Ord. No. O-2010-09, 6-14-2010; Ord. No. O-2011-13, 9-12-2011)