Exemptions, whether partial or total, from the bufferyard provisions
may be granted if it can be sufficiently demonstrated that such bufferyard
will have a deleterious visual effect upon an existing situation.
The following outlines those anticipated situations where the bufferyard
requirement may be relaxed or removed:
A. Protection of existing visual environment. In the following cases
where the characteristics of the existing visual environment would
be detracted from by the provision of a required bufferyard:
(1)
Views and vistas of existing buildings which exhibit a high
degree of aesthetic value, serving to heighten the visual experience,
serve as important points of spatial identification, contain value
as important historical resources.
(2)
Views and vistas of existing natural landscape/topographical
features of a particular locale which correspond to certain high points
affording panoramic views, views to settlement clusters, views of
water, valleys, and other elements of the physical landscape.
(3)
Views and vistas to existing recreational/open space areas,
whether natural or man-made, which serve to contribute to the overall
visual environment. Uses such as golf courses, local parks, and cemeteries.
(4)
Views and vistas to which give the observer an awareness of
a location's inherent character related to views of farmland, pastures,
water activities, such as docks or other maritime activities specific
to the area.
B. Protection of proposed visual environment. In the following cases,
where a proposed development intended to further enhance or protect
the existing visual environment would be visually affected by the
required bufferyard:
(1)
A proposed development which, by virtue of the characteristics
of its structures, indicates innovation of design, a unique relationship
with the site, represents a focal point, and establishes a particular
identifying element for the locale.
(2)
A proposed development which exhibits innovative or unique uses
of site landscaping, or which combines in the use of the site open
recreational areas such as described above.
C. Retention of existing natural attributes of the site. Significant
steps must be taken by a developer to preserve significant tree stands
and topographic characteristics, even in the event that such elements
are in locations where they are not wholly visible. The intent is
to provide incentives to retain the features of the existing natural
environment rather than encourage its destruction, and then to remedy
the situation with new plantings.
D. Management of existing and proposed resources. In order to encourage
management programs for visual natural resources, so that the continuation
of such resource is assured, bufferyard requirements may be reduced
or waived.
The Town hereby incorporates, by reference, the access standards
in the County Road Ordinance.
The Planning Commission may waive one or more of the specific requirements of the Highway Corridor Overlay District upon a showing by the applicant that these corridor regulations impose an undue hardship due to the peculiar configuration, topography, or location of the tract, or that the proposed project demonstrates the use of highly innovative architectural, site planning, or land use techniques. The Planning Commission may approve any waiver to the minimum extent necessary to allow the project to be constructed. The applicant for any such waiver shall have the burden of showing that the proposed project, with such waiver granted, will be as good as or better than a project developed in compliance with the district regulations in terms of environmental protection, aesthetic enhancement, land use compatibility, and traffic considerations. The grant or denial of a waiver by the Commission pursuant to this section may be appealed in accordance with Article
V of this chapter. An application for appeal shall be filed (received by the Zoning Administrator or postmarked) not later than 10 days after the decision is appealed in order to be considered by the Board of Appeals.
All applications for the Highway Corridor Overlay District review
shall be submitted and reviewed according to the procedures set forth
in this section.
A. Complete applications shall be submitted not less than 21 days before
the Architectural Review Board meeting at which the applicant wishes
to be reviewed.
B. The Architectural Review Board shall act on an application within
60 days of its being found complete by the Zoning Administrator. Failure
of the Architectural Review Board to act within 60 days will make
the Planning Commission responsible for corridor review.
C. Applicants shall be informed, in writing, of the outcome of their
review. The Architectural Review Board shall direct its determination
and findings to the Zoning Administrator and the applicant, in writing,
not more than five working days after taking action.
D. Upon review of a project within the jurisdiction of a homeowners'
association review board, the Architectural Review Board must review
the application independently according to the requirements of this
chapter and is not obligated to reach the same conclusion as the association.
E. In addition to those items required elsewhere in this part, an application
for development plan approval shall be considered complete by the
Zoning Administrator only when the Architectural Review Board's final
approval with written recommendations and findings shall be received
by the Zoning Administrator, except when the sixty-day period for
action has been exceeded.
The determination made by the Architectural Review Board pursuant to the procedures set forth in this article and the standards set forth in Article
V of this chapter shall be a final determination. Any applicant aggrieved by the Architectural Review Board's determination may appeal such determination as provided in Article
V. An application for appeal shall be received by the Zoning Administrator or postmarked not later than 10 days after the decision being appealed in order to be considered by the Board of Appeals.