A.
Permitted uses. A permitted use is a use permitted by right. The
permitted uses are set forth in each applicable zone.
C.
Interpretation of uses. A use not specifically listed as permitted
in a zone is prohibited unless determined similar in accordance with:
(1)
Determination of similar uses. A determination as to whether
a use is similar to a use permitted by right shall be considered an
expansion of the use regulations of the zone and not as a variance
applying to a particular situation. Any use found similar shall be
included in the list of uses permitted by right.
(3)
Standards governing the determination of similar use.
(a)
That the use closely resembles and contains the same characteristics
as the classification to which it is to be added.
(b)
That the use does not create dangers to health and safety, and
does not create offensive noise, vibrations, dust, heat, smoke, odor,
glare, or other objectionable influences to an extent greater than
normally resulting from other uses listed in the classification to
which it is to be added.
D.
All structures shall have visible address numbers on the structure
in accordance with the most recently adopted edition of the International
Property Maintenance Code.
A.
No lot or premises may be used, in or within 100 feet of a residence,
for any use which is noxious or offensive by reason of odor, dust,
vibration, illumination or noise, or which constitutes a public hazard,
whether by fire, explosion or otherwise.
B.
In all zones, no noxious, offensive, or hazardous use shall be permitted
unless adequate provision is made to reduce and minimize such objectionable
elements to the satisfaction of the Planning Commission. In order
to ensure adequate safeguards are provided and maintained, and in
order to determine whether a use is injurious to the public health
or safety, the Planning Commission may consult such official agencies
or private experts as it deems necessary.
A.
Continuation. Any lawful use of a building or land existing at the
effective date of this chapter may be continued even though such use
does not conform to the provisions of this chapter.
B.
Extension. A nonconforming use may not be extended.
C.
Changes. If a nonconforming use is changed, the subsequent use must
conform.
D.
Restoration. A nonconforming use in which the building wholly or
partially destroyed by fire, explosion, flood, or other phenomenon,
may be reconstructed and used for the same nonconforming use, provided
that building reconstruction shall be commenced within one year from
the date the building was destroyed or condemned, and shall be carried
on without interruption.
E.
Abandonment. If a nonconforming use is abandoned and ceases for a
continuous period of one year or more, subsequent use of such building
or land shall be in conformance with the provisions of this chapter.
A.
Permitted home-based businesses.
(1)
Offices for professionals, including architects, brokers, counselors,
clergy, dentists, doctors, draftspersons and cartographers, engineers,
insurance agents, lawyers, real estate agents, accountants, editors,
publishers, journalists, psychologists, contract management, graphic
design, construction contractors, landscape design, surveyors, cleaning
services, salespersons, manufacturers' representatives, and travel
agents.
(2)
Personal services, including barberships, beauty parlors, manicure
and pedicure shops, pet grooming, catering, and chauffeuring services.
(3)
Instructional services, including music, dance, art and craft
classes, and tutoring.
(4)
Family child care.
(5)
Studios for artists, sculptors, musicians, photographers, and
authors.
(6)
Workrooms for tailors, dressmakers, milliners, and craft persons,
including weaving, lapidary, jewelry making, cabinetry, and woodworking.
(7)
Repair services, including small appliances, computers, electronic
devices, and small engines (all materials and equipment shall be stored
indoors).
(8)
Direct sales parties.
C.
Operational standards.
(1)
No more than 25%, or 400 square feet of the floor area of the
dwelling unit, whichever is less, shall be devoted to the home occupation.
(2)
Operating hours.
(a)
General standard. Customer and client visits to the home-based
business are limited to the hours from 8:00 a.m. to 8:00 p.m.
(b)
Additional provisions.
[1]
These operational standards recognize that some home-based businesses
occasionally rely on client/customer visits that begin before 8:00
a.m. and last beyond 8:00 p.m.
[2]
Businesses shall be considered as operating within the home-based
business standards as long as they do not cause undue traffic congestion
and comply with the standards governing equipment used or operated
by home-based businesses.
(4)
Equipment.
(a)
Equipment used in, and the operation of, a home-based business
shall not:
[1]
Create any vibrations, heat, glare, dust, odors, or smoke discernible
at the property lines;
[2]
Generate noise that violates any municipal ordinance or regulation
pertaining to noise;
[3]
Create any electrical, magnetic, or other interference off the
premises;
[4]
Consume utility quantities that negatively impact the delivery
of those utilities to surrounding properties;
[5]
Use and/or store hazardous materials in excess of quantities
permitted in residential structures.
(b)
There shall be no outdoor storage of equipment or materials
used in the home occupation.
(c)
No display of goods shall be visible from the street.
(d)
City fees, including sewer, water, and trash fees, including,
but not limited to, impact and connection fees, may be increased to
compensate the City for increased usage of such utility.
(5)
No alteration of the principal residential building shall be
made which changes the character and appearance thereof as a dwelling.
B.
A use is an accessory use if it meets all of the following criteria:
(1)
Is incidental and subordinate to the principal use; and
(2)
Is customary to the principal use; and
(3)
Is operated and maintained under the same ownership and on the
same lot as the principal use; and
(4)
Does not include structures or structural features inconsistent
with the principal use; and
(5)
Does not contain habitable space.
C.
All accessory buildings and structures must adhere to Table 13.1,
Dimensional Standards for Accessory Buildings and Structures for Residential
Uses and C-1, C-2, C-3, and TND Zones, or Table 13.2, Dimensional
Standards for Accessory Buildings and Structures for Manufacturing
and Industrial Park Manufacturing Zones.
|
Table 13.1. Dimensional Standards for Accessory Buildings
and Structures for Residential Uses and C-1, C-2, C-3, and TND Zones
| ||
|---|---|---|
|
Standard
|
Detached Accessory Buildings
| |
|
Location
|
Rear yard
| |
|
Setbacks*
|
–
| |
|
Side
|
5 feet
| |
|
Rear
|
5 feet
| |
|
Distance from main building
|
10 feet
| |
|
Maximum height
|
The maximum height of accessory buildings and structures shall not exceed the height of the principal structure. See § 440-142, Height limit exemptions.
| |
|
Maximum lot coverage
|
Must be included in calculation of coverage for principal building
| |
|
NOTES:
| |
|---|---|
|
*
|
The minimum setback may be adjusted based on the location of
tax ditch easements. Contact the Tax Ditch Association (DNREC) to
determine easement locations.
|
|
Table 13.2. Dimensional Standards for Accessory Buildings
and Structures for Manufacturing and Industrial Park Manufacturing
Zones
| ||
|---|---|---|
|
Standard
|
Detached Accessory Buildings
| |
|
Location
|
Front, side, and rear
| |
|
Setbacks
|
—
| |
|
Front
|
20 feet
| |
|
Side
|
5 feet
| |
|
Rear
|
20 feet
| |
|
Distance from adjacent Residential Zone
|
100 feet
| |
|
Maximum height
|
45 feet
| |
|
Maximum lot coverage
|
Must be included in calculation of coverage for principal building
| |
[Amended 6-27-2016 by Ord. No. 16-08; 4-17-2023 by Ord. No. 23-01]
All lots and structures must adhere to Table 13.3, Dimensional
and Density Standards.
|
Table 13.3. Dimensional and Density Standards
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Minimum Lot Requirements
|
Minimum Setback Line Requirement
| |||||||
|
Zone
|
Lot Area
(square feet)4
|
Width
(feet)
|
Depth
(feet)
|
Front5
(feet)
|
Side
(feet)
|
Rear
(feet)
|
Max. Height1
(feet)
|
Max. Lot Coverage2 (%)
|
|
R-1 Single-Family Residential
| ||||||||
|
Single-family detached
|
5,000
|
50
|
100
|
20
|
6
|
30
|
35
|
50%
|
|
Manufactured home
|
5,000
|
50
|
100
|
20
|
6
|
10
|
35
|
50%
|
|
R-2 Duplex Residential
| ||||||||
|
Single-family detached
|
5,000
|
50
|
100
|
20
|
6
|
30
|
35
|
50%
|
|
Duplex
|
3,000/ unit
6,000/ duplex
|
30/unit
60/duplex
|
100
|
20
|
6
|
30
|
35
|
50%
|
|
R-3 Townhouse Residential
| ||||||||
|
Single-family detached
|
4,000
|
40
|
100
|
20
|
6
|
30
|
35
|
60%
|
|
Duplex
|
2,500/ unit
5,000/ duplex
|
25/unit
50/duplex
|
100
|
20
|
6
|
30
|
35
|
60%
|
|
Townhouse
|
1,800
|
18
|
100
|
15
|
See § 440-42
|
30
|
35
|
70%
|
|
R-4 Multifamily Residential
| ||||||||
|
Single-family detached
|
4,000
|
40
|
100
|
20
|
6
|
30
|
35
|
60%
|
|
Duplex
|
2,500/ unit
5,000/ duplex
|
25/unit
50/duplex
|
100
|
20
|
6
|
30
|
35
|
60%
|
|
Townhouse
|
1,800
|
18
|
100
|
15
|
See § 440-42
|
30
|
35
|
70%
|
|
Multifamily
|
7,500
|
75
|
100
|
15
|
See § 440-52
|
See § 440-52
|
45
|
70%
|
|
C-1 Neighborhood Commercial
| ||||||||
|
Commercial
|
7,500
|
75
|
100
|
20
|
10
|
20
|
35
|
70%
|
|
Single-family detached
|
4,000
|
40
|
100
|
20
|
6
|
30
|
35
|
60%
|
|
Duplex
|
2,500/ unit
5,000/ duplex
|
25/unit
50/duplex
|
100
|
20
|
6
|
30
|
35
|
60%
|
|
C-2 Central Commercial
| ||||||||
|
Commerical/Mixed use/nonresidential
|
2,500
|
25
|
100
|
Min-0
Max-15
|
See § 440-73
|
See § 440-73
|
Min-2 stories
Max-35
|
85%
|
|
Single-family detached
|
3,600
|
36
|
100
|
Min-0
Max-15
|
6
|
20
|
Min-2 stories
Max-35
|
85%
|
|
Duplex
|
2,500/ unit
5,000/ duplex
|
25/unit
50/duplex
|
100
|
Min-0
Max-15
|
6
|
20
|
Min-2 stories
Max-35
|
85%
|
|
Townhouse
|
1,800
|
18
|
100
|
Min-0
Max-15
|
See § 440-42
|
20
|
Min-2 stories
Max-35
|
85%
|
|
Multifamily
|
7,500
|
75
|
100
|
Min-0
Max-15
|
See § 440-52
|
See § 440-52
|
45
|
85%
|
|
C-3 Service Commercial
| ||||||||
|
Commercial
|
7,500
|
75
|
150
|
25
|
10
|
20
|
35
|
50%
|
|
TND Traditional Neighborhood Development
| ||||||||
|
Single-family detached
|
2,880
|
36
|
80
|
Min-0
Max-20
|
5
|
20
|
Min-1.5 stories
Max-35
|
70%
|
|
Duplex
|
2,000/ unit
4,000/ duplex
|
25/unit
50/duplex
|
80
|
Min-5
Max-20
|
5
|
20
|
Min-2 stories
Max-35
|
70%
|
|
Townhouse
|
1,440
|
18
|
80
|
Min-5
Max-20
|
See § 440-42
|
20
|
Min-2 stories
Max-45
|
85%
|
|
Multifamily
|
7,500
|
75
|
100
|
Min-5
Max-20
|
See § 440-52
|
See § 440-52
|
Min-2 stories
Max-45
|
85%
|
|
Non- residential (retail, service, office, institutional)
|
2,500
|
25
|
100
|
See § 440-128, Development standards
|
45
|
85%
| ||
|
Residential above retail/office
|
See § 440-128, Development Standards
|
45
|
N/A
| |||||
|
Mixed-use buildings
|
2,500
|
25
|
100
|
See § 440-128, Development standards
|
Min-2 stories
Max-45
|
85%
| ||
|
NOTES:
| |
|---|---|
|
1.
|
See § 440-142, Height limit exemptions.
|
|
2.
|
Includes both principal and accessory buildings, and impervious
coverage.
|
|
3.
|
Tract area is the minimum acreage or square footage needed to
develop land for each unit type.
|
|
4.
|
Lot area is the minimum lot size for each dwelling unit type.
|
|
5.
|
See § 440-145, Front yard adjustments.
|
The height limitations of this chapter do not apply to appurtenances
usually required to be placed above the roof level and not intended
for human occupancy. Such appurtenances are:
A.
Street frontage of any lot shall be as specified in the dimensional
and density standards of this article, measured along the right-of-way
line.
B.
Double frontage lots. Double frontage lots shall be avoided except
where necessary to provide separation of residential development from
traffic arterials or to overcome specific disadvantages of topography
and orientation.
C.
Corner lots.
[Added 6-27-2016 by Ord.
No. 16-08; amended 11-21-2016 by Ord. No. 16-13]
(1)
Corner lots have a primary or secondary front yard for each side that abuts upon a street (not to include alleys) as determined by the City Manager. The secondary front yard setback shall equal half of the required front yard setback as set forth in § 440-141.
[Amended 5-21-2018 by Ord. No. 18-07]
(2)
For existing corner lots laid out prior to 1992 and less than
7,500 square feet, the minimum setback of one front yard may be reduced
by the City Manager to match adjacent neighboring houses.
(3)
The rear yard on a corner lot shall not extend to a front lot
line and will instead end at the building, so it will not overlap
the front yard.
(4)
No accessory structures of any height or fences over four feet
high are permitted in any yard abutting a street.
A.
See Table 13.4, Permitted Projections into Required Yards.
B.
Projections into required yards refer to structural features and
elements that are permitted, without a variance, to extend into the
setbacks otherwise specified by this chapter. These structural features
and elements may be constructed within the required setbacks as otherwise
permitted.
|
Table 13.4. Permitted Projections into Required Yards
| |||||
|---|---|---|---|---|---|
|
Type of Projection
|
Front Yard
|
Interior Side Yard
|
Corner Side Yard
|
Rear Yard
| |
|
Balconies, bay windows, entrances, oriels, and vestibules less
than 10 feet wide
|
3 feet
|
3 feet
|
3 feet
|
3 feet
| |
|
Decks, platforms, or similar raised structures
|
Not permitted
|
Not permitted
|
Not permitted
|
6 feet
| |
|
Outside stairways
|
Not permitted
|
Not permitted
|
Not permitted
|
6 feet
| |
|
Porches, steps, stoops, terraces, and similar features
| |||||
|
Open
|
5 feet
|
3 feet
|
3 feet
|
9 feet
| |
|
Roof covering porches, steps, stoops, terraces
|
4 feet
|
Not permitted
|
Not permitted
|
4 feet
| |
|
Enclosed, including screened-in porches
|
Not permitted
|
Not permitted
|
Not permitted
|
Not permitted
| |
The front yard required for a dwelling in any zone which permits
residences may be reduced in the case of a dwelling to be located
between two existing dwellings or in line with an existing structure
which lacks the required front yard. In the case of two nonconforming
front yard setbacks on adjoining lots, the front yard shall not be
less than the average of the two adjoining lots.
All new construction in residential zones shall have a minimum
roof pitch of 4:12 and a maximum of 12:12 (measured as the ratio of
the roof's rise to its horizontal run).
Fences and walls shall be permitted in any residential zone,
subject to the City Manager's approval of materials and the following
restrictions:
At street intersections, nothing shall be built, placed, planted,
or allowed to grow higher than three feet within the "sight triangle"
measured along the right-of-way line above the curb level of the intersecting
streets for a distance of 20 feet from the intersection and formed
by connecting the respective twenty-foot distances. Obstructions existing
at the time this chapter is adopted may remain.
A.
Requirements. All new construction in the City of Harrington shall
include:
(1)
Installation of sidewalks and curbing on street frontage, on
corner lots and on the side exposed to traffic.
(2)
New streets in subdivisions shall provide sidewalks on both
sides of the street. Sidewalks shall be dedicated as part of the right-of-way
of all streets.
(3)
Curbs and gutters may be required for the purposes of drainage,
safety, and the delineation or protection of pavement edges.
(4)
Sidewalks and curbing must be installed before a certificate
of occupancy is issued.
If wetlands are designated as existing on a property, all applicable
federal, state, and county agencies' regulations shall apply.
A.
Purpose.
(1)
One of zoning's most important functions is the division of
land uses into zones which have similar character and contain compatible
uses. All uses permitted in any zone have generally similar nuisance
characteristics. Bufferyards will operate to minimize the negative
impact of any future use on neighboring uses.
(2)
The bufferyard is a combination of a setback and a visual buffer
or barrier; it is a yard or area together with the planting required
thereon. Both the amount of land and the type and amount of planting
specified for each bufferyard requirement of this chapter are specified
and are designed to ameliorate nuisances between adjacent zones to
ensure a desired character along public streets and roads. The planting
units required of bufferyards have been calculated to ensure that
they do, in fact, function as "buffers."
(3)
Bufferyards shall be required to separate different zones from
each other in order to eliminate or minimize potential nuisances such
as dirt, litter, noise, glare of lights, signs, and unsightly buildings
or parking areas, or to provide spacing to reduce adverse impacts
of noise, odor, or danger from fires or explosions. Mature woodlands
are considered the best buffers and should be used whenever possible.
B.
Location of bufferyards. Bufferyards shall be located on the outer
perimeter of a lot or parcel, extending to the lot or parcel boundary
line. Bufferyards shall not be located along the lot frontage. Bufferyards
shall not be required internally between varying uses within the TND
Zone.
C.
Determination of required bufferyard. To determine the type of bufferyard
required on a parcel or between two parcels or between a parcel and
a street, the following procedure shall be used:
(1)
Identify whether any portion or property line of the site constitutes
a zone boundary. If it does, determine the zoning on both sides of
the property line.
(2)
Determine whether the land on the adjoining property is vacant
or developed or whether a plat of the subdivision has been approved.
(3)
The width of the bufferyard shall be a minimum of 15 feet unless
otherwise determined by the Planning Commission.
D.
Responsibility for bufferyards.
(1)
When a proposed use adjoins a vacant parcel for which a bufferyard
is required by the presence of a zoning boundary, that use shall at
the time of development provide 1/2 of the buffer.
(2)
The second use to develop shall, at the time it develops, provide
all additional plant material and/or land necessary to provide the
total bufferyard required between those two uses.
(3)
Existing plant material and/or land located on the preexisting
(first developed) land use which meets the requirements of this chapter
may be counted as contributing to the total bufferyard required between
it and the second (adjacent) land use to develop.
E.
Acceptable bufferyard materials.
(1)
A brick or stone wall.
(2)
Wooden fence.
(3)
Vinyl fence.
(4)
Planted vegetation, in which:
(a)
All evergreen trees to be installed shall not be less than six
feet in height at the time of planting and shall be of such species
that expected height at maturity shall not be less than 15 feet.
(b)
One hundred percent of required trees and at least 75% of required
shrubs shall be evergreen species.
(c)
Shrub plantings shall be a minimum of three feet high upon installation,
with an expected height of at least six feet at maturity. No unobstructed
openings wider than four feet will be permitted.
(d)
Existing vegetation.
(e)
A combination of these elements which will meet the purpose
of the requirement, if deemed suitable by the Planning Commission.
A.
Purpose. The purpose of a screen is to provide a visual barrier between
unsightly or out-of-scale development features and the views from
public streets and abutting properties.
B.
Screening requirements for mixed-use and nonresidential uses.
(1)
All rooftop mechanical equipment and other appurtenances shall
be concealed by or integrated within the roof form or screened from
view at ground level of nearby streets. The following, when above
the roofline, require screening: stairwells, elevator shafts, air-conditioning
units, large vents, heat pumps and mechanical equipment. The screening
of mechanical equipment shall not be subject to the maximum height
requirements if it is unoccupied.
(2)
Service and loading areas, including trash handling and recycling,
outdoor storage, vehicle storage, loading docks, and wall- or ground-mounted
equipment, shall be located on the side or rear of the building and
shall be visually screened from street and pedestrian ways with an
opaque screen that may be composed of:
(a)
A brick or stone wall.
(b)
Wooden fence.
(c)
Vinyl fence designed to look like wood.
(d)
Planted vegetation, in which:
[1]
All evergreen trees to be installed shall not be less than six
feet in height at the time of planting and shall be of such species
that expected height at maturity shall not be less than 15 feet.
[2]
One hundred percent of required trees and at least 75% of required
shrubs shall be evergreen species.
[3]
Shrub plantings shall be a minimum of three feet high upon installation,
with an expected height of at least six feet at maturity. No unobstructed
openings wider than four feet will be permitted.
(e)
Existing vegetation.
(f)
A combination of these elements which will meet the purpose
of the requirement, if deemed suitable by the Planning Commission.
(3)
Building construction materials and related equipment storage,
provided that storage areas shall be screened from public view.
A.
Tree planting on lots.
(1)
The developer shall plant at least two trees on each new lot.
(2)
These trees shall be in place before the time that a certificate
of occupancy is issued for the structure on that lot.
(3)
The trees shall be selected from the list found in Appendix
1, Approved Trees,[1] and shall not be invasive or nuisance species.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
B.
Tree planting in open space.
(1)
The developer shall plant at least one tree per 3,000 square
feet of land area in all active open space areas.
(2)
These trees shall be in place before the time that the City
accepts the public improvements (streets and utility infrastructure)
for dedication.
(3)
The trees shall be selected from the list found in Appendix
1, Approved Trees,[2] and shall not be invasive or nuisance species.
[2]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(4)
Tree planting and reforestation is encouraged in passive open
space areas.
C.
Shade trees in parking areas.
(1)
Shade trees in parking areas shall be provided per the parking area landscaping requirements provided in Article XV, Parking and Access.
(2)
Parking areas that are required to be paved must be shaded by
deciduous trees (either retained or planted by the developer) that
have or will have, when fully mature, a trunk at least 12 inches in
diameter. When trees are planted by the developer to satisfy the requirements
of this subsection, the developer shall choose trees that meet the
standards set forth in Appendix 1, Approved Trees.[3]
[3]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(3)
Each tree shall be presumed to shade a circular area having
a radius of 15 feet with the trunk of the tree as the center, and
there must be sufficient trees so that, using this standard, 20% of
the vehicle accommodation area will be shaded.
(4)
No paving may be placed within 12 1/2 feet (measured from the center of the trunk) of any tree retained to comply with Article XV, Parking and Access, and new trees planted to comply with Article XV, Parking and Access, shall be located so that they are surrounded by at least 200 square feet of unpaved area.
(5)
Parking areas shall be laid out and detailed to prevent vehicles
from striking trees. Vehicles will be presumed to have a body overhang
of three feet six inches.
The City of Harrington shall require the reservation of recreational
open space in accordance with the provisions of this section as a
condition of approval for all TND, major subdivisions, and residential
developments requiring conditional use approval, site development
plan approval, or land subdivision approval by the Planning Commission.
A.
Recreational open space areas.
(1)
Purpose. The purpose of this section is to ensure that active
recreation areas are provided as an integral design element within
residential developments and that such facilities are of an adequate
scale in relation to the size of the residential development and provide
residents with a variety of active recreational pursuits.
(2)
Definition. The following are illustrative of the types of active
recreation areas and passive open space, including subsequent facilities
that shall be deemed to serve recreational and open space needs, and
therefore to count toward satisfaction of the requirements of this
section.
(a)
Active recreational open space. Land set aside as a part of
a development project that is intended and designed to be used for
active recreational activities. Active open space must be free of
site constraints that would restrict the use and enjoyment of the
open space by the community. A combination of two or more of the following
features or facilities shall be used:
[1]
Athletic facilities, ball fields, and courts.
[2]
Swimming pools, saunas, and exercise rooms.
[3]
Playgrounds/tot-lots.
[4]
Pocket parks with permanent amenities.
[5]
Community gardens and orchards.
[6]
Village greens, public plazas, and/or squares with permanent
amenities.
[7]
Outdoor educational facilities.
[8]
Outdoor meeting or festival grounds.
[9]
Trails with fitness stations.
[10]
Walking, jogging, and biking trails when constructed
as an accessory to central recreation facilities. The developed trail
shall be the only area counted toward the area requirement.
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(NOTE: Permanent amenities include, but are not limited to,
fixed benches, fixed picnic tables, pavilions, amphitheaters, kiosks,
fountains, monuments, trash receptacles, bicycle racks, aesthetic
lighting, perennial gardens, and similar features.)
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(b)
Passive open space: land set aside as part of a development
project that is intended to be left in its natural state, and enjoyed
for its aesthetic and ecological values. Any public use of the passive
open space should be consistent with the preservation of ecological
functions of the open space.
[1]
Green space; open fields, if an integral part of the design.
[2]
Forested areas.
[3]
Nature preserves, fish and wildlife areas, etc.
[4]
Identified areas of cultural resources.
[5]
Areas used for stormwater management ponds, drainage swales,
rain gardens, or other BMPs if the features are an integral component
of the overall design, as approved by the Planning Commission.
(c)
The following activities or land uses may not be counted as
a part of designated open space:
[1]
Existing rights-of-way and utility easements.
[2]
Setbacks and lawns.
[3]
Stormwater management facilities, except for those included in § 440-154A(2)(b)[5].
(3)
Area required.
(4)
Design guidelines.
(a)
Integrated. Passive and active open space areas shall be an
integral component of the overall development design. Active open
space should be integrated with passive open space and natural areas
whenever practical.
(b)
Accessible. Recreation areas shall be accessible within the
development and arranged in a manner which affords reasonable access
to all residents within the development. When warranted, recreation
areas can be dispersed throughout the development, provided that each
remote location is accessible.
(c)
Pedestrian-oriented. Recreation areas shall be pedestrian-oriented
and designed with linkages to existing and planned public walkways
and with other existing or planned recreation areas.
(d)
Age-oriented. The nature and scope of planned recreation areas
shall reflect an awareness of, and sensitivity toward, the anticipated
age groups that would reside within the proposed development.
(e)
Parking. Designs shall consider the need for parking facilities
associated with recreation areas.
(f)
Setbacks. No structure, equipment, or game court surface required
under this section shall be located nearer than 30 feet to any lot
line of a lot to be used for residential purposes, nor nearer than
25 feet to any right-of-way line.
(g)
Landscaping. Such uses shall be landscaped as determined by
the Planning Commission during the site plan approval process, and,
where warranted, visual screening of parking areas, game courts, playground
areas, and other features as necessary to preserve and protect the
interests of adjoining residential properties may be required.
(h)
Protected. Passive open space shall be permanently protected
through deed restrictions or conservation easements. Passive open
space shall be demarked with permanent markers to ensure against encroachment.
(i)
No structures, lot lines, or infrastructure shall be permitted
within passive open space, with the exception of walking trails.
(j)
Active recreation facilities shall be designed and installed
using National Recreation and Park Association (NRPA) standards, and
in accordance with Accessible Recreation Facilities Guidelines.
(5)
Cash in lieu of recreation area construction.
(a)
Determination of suitability for cash donation. If the Planning
Commission determines that the construction of recreation is not practical
due to close proximity to existing available recreation facilities
or infeasible due to natural characteristics of the land or will not
benefit the residents of the development, the Planning Commission
shall require a full or partial cash donation to be made by the developer
in lieu of a full or partial dedication of land.
(b)
Amount of each donation. The cash donation shall be as set forth in Chapter 180, Fees, Municipal. The amount shall be reviewed on a regular basis as part of the budgetary process. The payment in lieu of recreation area construction shall be a maximum of 50%.
(c)
Payment of cash donation. One hundred percent of the cash donation
provided under this section shall be collected prior to issuing the
first zoning compliance certificate for the development.
B.
Management and maintenance of common open space and recreational
areas.
(1)
Management and maintenance required. There shall be provisions
which ensure that the common open space land and all public facilities
not dedicated to the City of Harrington shall continue as such and
be properly maintained. These provisions shall be in a form acceptable
to the City of Harrington. The developer shall either a) retain ownership
and responsibility for maintenance of such open land; or b) provide
for and establish one or more organizations for the ownership and
maintenance of all common open space. In the case of b) above, each
organization shall be a nonprofit homeowners' corporation, unless
the developer demonstrates that a community open space trust is a
more appropriate form of organization.
(2)
Homeowners' association requirements. If a homeowners' association
or open space trust is formed, it shall be governed according to the
following:
(a)
Membership mandatory. Membership in the organization is mandatory
for all purchasers of homes therein and their successors. The members
of the organization shall share equitably the costs of maintaining
and developing common open space and recreation areas, in accordance
with procedures established by them.
(b)
Responsibilities. The organization shall be responsible for
maintenance, insurance, and taxes on common open space, recreation
facilities, and open public facilities, including but not limited
to roads, gutters, sidewalks, curbs, drainage systems, water distribution
systems, and sewer facilities not dedicated to the City of Harrington.
