A.
The purpose of establishing this overlay district is to stimulate
private-sector investment in the Town of Indian Head; preserve, protect
and enhance the value of properties along the Rt. 210 corridor; improve
the quality of development and the image of the Rt. 210 corridor as
a good place to live and work by ensuring high standards of construction
in all forms of development; to continually improve the quality of
the neighborhoods, housing and businesses to make the Rt. 210 corridor
a location for quality economic development projects; to ensure that
all structures are maintained in a safe, sanitary condition; to prevent
decay and blight and improve and protect the quality and durability
of all structures within the Rt. 210 corridor; assure sound economic
development and the expansion of the tax base to ensure the continued
economic vitality of the Town of Indian Head and Rt. 210 corridor;
and protect and/or enhance the aesthetic and visual character of the
Town of Indian Head to provide for the orderly growth and development
of the same. The overlay district regulations are intended to supplement
the regulations of the underlying zoning districts and to provide
for the harmony and capability of development along the Rt. 210 corridor.
All development proposed within this district shall be subject to
those standards pertaining to the particular base zoning district
in which the development occurs. Additionally, the regulations applicable
within the Highway Corridor Overlay District are intended to:
(1)
Provide for the continued safe and efficient use of this roadway.
(2)
Maintain natural beauty and scenic, cultural, and historic character
of the corridor, particularly distinctive views, vistas, and visual
continuity.
(3)
Prohibit indiscriminate clearing, excessive grading, and clear-cutting
along the corridor.
(4)
Minimize intersection and site access points.
(5)
Improve and protect the economic value and vitality of the Town
center by encouraging positive visual experiences, with high-quality,
durable construction and development within the corridor.
(6)
These purposes will be accomplished through evaluation of proposed
developments within this zoning district by an architectural review
board, which shall review the location, character and appearance of
new development. It is the purpose of such review to determine, in
a cooperative fashion with the applicant, whether a proposed plan
meets the guidelines and other standards of this zoning district.
Unless otherwise provided by action of the Town Council, the Planning
Commission shall serve as the Architectural Review Board.
B.
The Highway Corridor Overlay District shall include all lands within
500 feet of each side of the center line of Maryland State Route 210.
The approximate boundary of the overlay district shall be shown on
the Official Zoning Map and shall be shown as a surveyed line by the
applicant on each property subject to review.
A.
All development plan applications for development located in the
Highway Corridor Overlay District shall be reviewed by the Architectural
Review Board (ARB). All changes subject to approval by the Architectural
Review Board shall receive such approval before proceeding. If a portion
of the corridor will not be visible from the road once the project
is completed, the Architectural Review Board may waive review of that
portion. The Architectural Review Board may also review preliminary
development plans or design development drawings at the request of
the Planning Commission or the applicant so that major redesign of
final plans by the applicant may not be necessary.
B.
Development activity permitted within the district.
(1)
There shall be no alteration of the existing condition of the
lands, uses or structures within the special overlay district from
the date of enactment of this part henceforth except as provided for
by this section or by other sections of this part.
C.
Development activity prohibited within the district. Uses prohibited
in the underlying zoning district are also prohibited in the overlay
district.
A.
Development of land for different uses and intensity of uses will
oftentimes necessitate the removal of trees to accommodate roads,
parking, buildings, and facilities. It is the expressed intent of
this chapter that every effort be made through the design, layout,
and construction of development projects to incorporate and save as
many trees as possible.
B.
No person shall cut, destroy, move, or remove any living, disease-free
tree of any species having a trunk with a diameter of eight inches
or larger, measured 4.5 feet from the base, in conjunction with any
development of land governed by this chapter unless and until such
removal or destruction has been approved under the provisions of this
chapter.
C.
No person shall cut or clear land of trees for the sole purpose of
offering land for sale. Land may be underbrushed (bushhogged) in preparation
for sale or development.
D.
The clear-cutting of trees is prohibited. The term "clear-cutting"
as used herein shall mean the cutting of more than 75% of the trees
six inches in trunk diameter or larger. Clear-cutting pursuant to
an approved development plan shall require the planting of replacement
trees as indicated in the detailed landscape plan accompanying the
development application.
E.
A survey of all trees of applicable size shall be made and submitted
in conjunction with the development site layout. All trees proposed
for removal shall be clearly noted. The tree survey shall be certified
by a registered land surveyor, registered engineer, or registered
landscape architect.
F.
The requirement for a tree survey may be waived when preliminary
site evaluation reveals the ability to accomplish the proposed project
without removal of any trees eight inches in diameter or larger. In
the latter case, the applicant shall submit a written statement that
no trees will be removed, and his permit will indicate No Tree Removal
as a condition thereof.
G.
Removal of endangered or valued trees will not normally be permitted.
Trees included in this category are:
(1)
American Elm (Ulmus Americana).
(2)
American holly (Ilex opaca).
(3)
Bald cypress (Taxodium distichum).
(4)
Live oak (Quercus virginiana).
(5)
Loblolly bay (Gordonia lasianthus).
(6)
Pecan (Carya illinoensis).
(7)
Southern magnolia (Magnolia grandiflora).
(8)
Sweetbay (Magnolia virginiana).
(9)
Tulip poplar (Liriodendron tulipifera).
(10)
American chestnut (Castanea dentata).
H.
Considerable damage to or the death of trees may result if more than
six inches of soil is added around the base of a tree, more than 30%
of circumferential bark is removed, or more than 30% of the root system
is removed. In addition, asphalt paving, building construction, and
soil compaction too close to the drip line of the trees may cause
their destruction. Accordingly, it shall be the responsibility of
the developer to institute alternative site designs to assure the
best chance of tree survival whenever these criteria cannot be adhered
to.
I.
Those trees designated for preservation in accordance with the provisions
of this chapter as shown on the approved landscape plan shall be marked
with bright blue ribbons encircling the tree trunk at a height of
four feet above the ground, and a four-foot-high barricade will be
constructed around the tree at the drip line prior to the start of
construction.
J.
As a condition of approval under this chapter, the applicant may
be required to plant replacement trees for trees approved for removal
as part of the final plan. In requiring replacement trees, the following
will be considered:
A.
Each approved application for development shall provide a minimum visual buffer between the right-of-way line of the subject roadway and all proposed structures and parking areas. The purpose of the minimum visual buffer is to soften the appearance of structures and parking lots from the road, to screen vehicular headlight glare on- and off-site, and to lessen spillover light from on-site lighting. The buffer shall be continuous, except as set forth in Subsection B below, and be no less than the requirements for Bufferyard B contained in Article XVIII and Appendix F.[1] The minimum bufferyard depth shall not occur at the high
activity areas of a project. These areas include, but are not limited
to, building entrances, drop-offs, and drive-throughs. To determine
the average depth of the minimum visual buffer, measurements shall
be taken at intervals not greater than 10 feet perpendicular to the
property line. Side buffer areas required by other sections of this
chapter shall not be used when calculating the minimum visual buffer.
Where lagoons and drainage swales occur in the minimum visual buffer
because of natural land forms or drainage patterns, additional buffer
depth and vegetation may be required to augment the screening effect.
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
B.
The intent of the minimum visual buffer is to leave the naturally occurring buffer vegetation intact for its softening effect. This buffer may be enhanced or created, where such vegetation is insufficient or nonexistent, with trees and shrubs of a variety of species appropriate to Town character. If the minimum visual buffer already has trees of protected size and species as noted in Article XVIII, their preservation is required. Where masses of native shrubs are present, their preservation with minimum disturbance is strongly encouraged. While complete screening of a project is not required, sufficient plant material shall be installed to accomplish the softening effect required in Subsection A above. In order to maintain the screening effect, existing vegetation shall not be limbed-up from the ground more than five feet to the lowest branches. However, if understory planting is planned, existing vegetation may, with the approval of the Zoning Administrator, be limbed-up to a height that will provide adequate sunlight to those plants. Minimum height and caliper of new trees shall be consistent with provisions of the tree protection requirements in § 440-932. Minimum height of new shrubs used to create the minimum visual buffer shall be three feet.
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.
A.
No existing vegetation of any type, size, or origin shall be altered or removed unless it satisfies the tree protection requirements of § 440-932.
B.
Within the minimum visual buffer, there shall be no development,
clearing, grading, or construction activity, except for the following:
(1)
Roadway and/or driveway access to the portion of the site not
in the minimum visual buffer, provided that it is approximately perpendicular
to the right-of-way.
(2)
Provision for water, sanitary sewer, storm drainage, electrical,
telephone, natural gas, cable, etc., service lines, provided they
are approximately perpendicular to the right-of-way. In the event
that utilities must be installed approximately parallel to the road
right-of-way, an equal amount of buffer may be required to substitute
for the area of vegetation removal. Permission for easement and right-of-way
disturbance and clearing for such services shall be more favorably
considered when such activity is consolidated with vehicular access
routes.
(3)
Pedestrian and bicycle paths designed to provide continuous
connection along the Route 210 corridor, provided that they can be
constructed without materially reducing the screening and visual softening
capacity of the vegetation buffer.
(4)
Lighting fixtures only for approved signs or if, for safety
reasons, they cannot be placed outside the buffer and then only when
electric utility lines serving these fixtures and necessary easements
can be established and constructed without reducing the screening
and visual softening capacity of the vegetation buffer.
(5)
Signs in accordance with the sign regulations in Article XVI, only if such signs cannot be placed outside the buffer.
(6)
Clear sight distances at the permitted entrances and exits to
any development as needed to provide for reasonable traffic safety,
in accordance with accepted traffic engineering practices (see Appendix
C[1]).
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(7)
The addition of plantings, earth forms, or other visual buffers
that, in the opinion of the Architectural Review Board, would better
achieve the purpose set out in Appendixes E and F[2] than would otherwise be the case.
[2]
Editor's Note: Appendixes E and F are included as attachments to this chapter.
A.
Guidelines. The compatible relationship of architecture along Rt.
210 is of public concern. The intent of the architectural review is
not to stifle innovative architectural design but to assure respect
for, and reduce incompatible and adverse impacts on, the visual experience
from the roadway. To accomplish this, the Architectural Review Board
shall use the following guidelines in reviewing proposed structures,
site improvements, signs, and streetscape improvements, or external
changes to existing structures:
(1)
Proposed development shall avoid excessive or unsightly grading,
indiscriminate earthmoving or clearing of property, and removal of
trees and vegetation that could cause disruption of natural watercourses
or disfigure natural land forms.
(2)
Proposed development shall be located and configured in a visually
harmonious manner with the terrain and vegetation of the parcel and
surrounding parcels. Structures shall impede, as little as reasonably
practical, scenic views from the main road or from existing structures
and the natural environment. Structures shall not dominate, by excessive
or inappropriate height or mass, any general development, adjacent
building, or natural landscape in an incompatible manner.
(3)
The architectural design of structures and their materials and
colors shall be visually harmonious with the overall appearance, history,
and cultural heritage of the Town, with natural land forms and existing
vegetation and with other development plans approved by the Town.
Specific consideration shall be given to compatibility with adjacent
properties where such projects demonstrate the Town's character.
(a)
Large work area doors or open bays shall not open toward or
face the highway.
(b)
Heating, ventilating, and air-conditioning equipment, ductwork,
air compressors, and other fixed operating machinery shall be either
screened from view or located so that such items are not visible from
the highway. Large trash receptacles, dumpsters, utility meters, aboveground
tanks, satellite dishes, antennas, etc., shall be similarly treated,
as practicably as possible.
(c)
Modular homes and office-type mobile units shall be screened
from view from the highway and equipped with skirting on all sides.
(d)
All development, including those in which the principal facade
is oriented to the interior of the lot, shall be designed so that
all facades visible from the roadway or from adjacent sites shall
be completed in an aesthetically pleasing manner.
(e)
No temporary structures are permitted except those used in conjunction
with and during construction projects.
(f)
Fencing along the highway right-of-way is discouraged, but if
used, such fencing shall be of quality materials (brick, stone, wood)
and shall be landscaped to minimize visibility from the highway.
(g)
Long, monotonous facade designs, including, but not limited
to, those characterized by unrelieved repetition of shape or form
or by unbroken extension of line, shall be avoided.
(h)
Materials with similar texture and appearance as appropriate
to the Town's character shall be used. Facades, if visible from the
highway sides of the buildings, shall incorporate brick or stone.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(i)
Generally, no more than three colors per building should be
used. Semitransparent stains are recommended for application on natural
wood finishes.
(j)
The location and dimensions of wall signs shall be indicated
and shall maintain compatibility with architectural features of the
building.
(k)
Architectural lighting shall be recessed under roof overhangs
or generated from concealed-source, low-level light fixtures.
(l)
Building massing should reflect proportion and scale appropriate
to the existing Town design.
(4)
The landscape plans for the proposed development shall provide
visually harmonious and compatible setting for structures on the same
lot and on adjoining or nearby lots and shall blend with the surrounding
landscape. Natural-appearing landscape forms are strongly encouraged;
formal plans and the appearance of straight hedges are discouraged.
Landscaping shall be required between buildings and sidewalks, parking
lots and driveways. The scale of the proposed landscaping shall be
in proportion to the building.
(5)
Site lighting shall be of low intensity from a concealed source,
shall be of a clear white light that does not distort colors, and
shall not spill over into adjoining properties, buffers, roadways,
or in any way interfere with the vision of oncoming motorists. Cutoff
fixtures shall be provided to prevent light pollution of the night
sky.
(6)
The design and construction techniques of the proposed development
shall respond to energy consumption and environmental quality considerations
such as heat loss, heat gain, air emission, and runoff water quality.
(7)
Streetscape improvements and external changes.
(a)
Streetscape improvements include those architectural or functional
facilities or structures that occur on-site but are not part of the
building and that encourage and facilitate human interaction with
the environment. Examples include, but are not limited to, the following:
decorative light fixtures, fountains, sculpture, benches and tables,
planters, retaining walls, pedestrian and bicycle paths, bicycle parking
structures, trash receptacles and enclosures, vendor areas, bollards,
and fences. These improvements shall be designed to be consistent
with all guidelines listed above and shall be reviewed for aesthetic
functionality and compatibility with the Town's character.
(b)
Decorative, low-level-intensity, nonconcealed source lighting
that defines vehicular and/or pedestrianways may be acceptable if
part of a planned unit lighting master plan. It is strongly discouraged
as general lighting for a development. The master plan must show the
relationship of the fixtures and the light patterns to each other,
to the project site, to unit development, and to the Rt. 210 corridor.
(c)
External changes to streetscape improvements and existing structures
and sites subject to review by the Architectural Review Board shall
be consistent with all guidelines and standards in this section. External
changes of a minor nature include external color and structural material
changes, parking lot additions and alterations, relocation of accessory
structures, and similar minor changes as determined by the Zoning
Administrator.
(8)
Signs, permanent.
(a)
Applicants for new or replacement signs in the Highway Corridor
Overlay District shall apply to the Architectural Review Board for
review at the time of full development review or as a separate application.
(b)
The Architectural Review Board is hereby authorized to approve
or disapprove the appearance of features of such proposed signs and
the Zoning Administrator's approval shall be given only after the
Architectural Review Board's approval is granted.
(d)
The amount of information on signs shall be no more than is necessary to provide reasonable identification of the name of the business to the passerby. While corporate logos that are part of a business name or business identification are authorized within Article XVI, color, size, and subject matter are reviewed under this subsection.
(e)
An integrated sign system design shall be required for all new
planned developments, commercial and residential subdivisions, office
complexes, and shopping centers within the Highway Corridor District.
The establishment of integrated sign systems for existing developments
is strongly encouraged. These systems shall be reviewed for materials,
colors, shapes, sizes, compatibility with architecture, and establishment
of unity of design for the development. Individual signs shall be
reviewed for conformance with such sign systems, whether newly established
or existing.
(f)
Materials, colors, and shapes of proposed signs shall be compatible
with the related building(s). Size and proportions shall not be a
dominant feature of the site and shall be judged by sizes and proportions
of signs on adjacent and nearby properties that are compatible with
the Town's character.
(g)
Spotlighting of signs shall be restricted to not more than one
150-watt light per side for sign faces up to 40 square feet and no
more than two 150-watt lights per sign faces over 40 square feet.
The sign base and/or proposed landscaping shall be designed to shield
the light from oncoming motorists and to conceal the light fixture.
(9)
Signs, temporary.
(a)
Temporary signs within the Highway Corridor Overlay District shall comply with the design guidelines set forth in this section for colors and materials and with Article XVI and shall be reviewed for such compliance by the Architectural Review Board.
(b)
In the case of multiple principals (for example, owner, developer, architect, engineer, contractor, or real estate or leasing agent), all information shall be contained on a single sign not to exceed the maximum size and height allowed in Article XVI.
(c)
Temporary signs within the corridor shall not be lighted.
B.
Following project completion, all design features required by the
Town or shown on approved plans shall be maintained in good condition
by all subsequent owners of the property. Changes proposed shall require
approval by the Architectural Review Board.
A.
The Zoning Administrator and the Architectural Review Board shall
approve any individual or combination of the following development
bonuses in order to recognize innovative design beyond that required
to comply with the special overlay district regulations and which
are considered to better further the goals for the Town of Indian
Head:
(1)
Floor-to-area ratio increase of up to 0.5.
(2)
Building height increases not to result in a maximum height
exceeding 45 feet in R-1 and R-2 Zones, 60 feet in TCMX Zone. Building
height increases exceeding 60 feet in TCMX zones can be submitted
through a special exception application.
(3)
Reduced setbacks of up to 25% less than those required.
(4)
A density bonus of residential development within the TCMX Zoning
District of up to two times the allowable residential density for
the underlying zoning district.
B.
Performance criteria to be considered in recommending bonuses shall
relate reasonably to the bonuses being approved and shall include
the following:
(1)
Preserving scenic vistas, including the provision of public
observation points. This incentive is allowed only where a view can
be preserved.
(2)
Limiting access to roadways so as to discourage traffic through
residential areas, to encourage the use of combined access points
or to encourage the use of service drives.
(3)
Reducing impervious cover by 15% or more beyond the minimum
standards allowed by this or other regulations.
(4)
Increasing landscaping or setbacks by more than 50%; increasing
natural areas.
(5)
Providing mixed-use development, particularly those that include
residential uses and community facilities.
(6)
Reducing building mass by breaking up buildings.
(7)
Using pervious pavers when not receiving impervious cover credit.
(8)
Consolidating small lots to create parcels with a minimum of
300 feet of frontage on a corridor.
(9)
Constructing or dedicating public facilities such as parks,
roadways and right-of-way, police, fire, or EMS sites, regional drainage
facilities, or other facilities in excess of that required by this
chapter.
(10)
Maintaining the construction of all buildings and parking areas
on 0% to 15% slopes.
(11)
Using energy-conserving or water-conserving devices that reduce
consumption below that required by this chapter.
(12)
Including workforce housing as a substantial component of the
density bonus by developing and implementing strategies and concepts
to encourage and promote occupancy by this segment of the community.
Workers that comprise this segment of the community are generally
defined as those having an income band between 80% and 120% of the
median income for Charles County and whose full-time jobs are vital
to the community's day-to-day functioning, such as teachers, engineers,
police, firefighters, hospital workers and others who respond first
in an emergency.
(13)
The nature of the development must be redevelopment of blighted
areas and be consistent with the Town's current Comprehensive Plan
and in general conformance with the Town's generalized redevelopment
document "Indian Head — New Horizons — the Plan for Future
of Downtown."
(14)
All other zoning requirements for the underlying zoning district
shall apply.
(15)
The project shall incorporate water conservation techniques
in an effort to reduce water and sewer demands on the Town's water
supply and infrastructure below that required by Town ordinances and
building codes. The goal should be to limit water and sewer demand
to no more than 25% more than the consumption that would be expected
from the density permitted without the bonus. The applicant shall
provide a written report to the Planning Commission as part of the
site plan submittal, detailing the methods intended to achieve the
water conservation goal. The Planning Commission will then make a
determination, based on the information presented by the applicant,
whether the applicant's efforts are commensurate with receiving all
or a portion of the density bonus.
(16)
The project shall incorporate green building techniques to reduce
the negative impact of buildings and tenant spaces on occupants and
the environment. The goal of reducing the destruction of natural areas,
reducing air and water pollution, reducing the depletion of finite
resources, and creating a healthier and safer indoor and outdoor environment
can be achieved in a number of ways, including such elements as site
selection, community connectivity, protecting or restoring tree line
and/or habitats, controlling stormwater runoff, reducing light pollution,
water-efficient landscaping, energy performance criteria practices,
on-site renewable energy, reuse of building materials, use of regional
materials and service, use of natural light indoors, use of renewable
materials, and controllability of light and thermal comfort to occupants,
to name a few. The applicant shall provide a written report to the
Planning Commission as part of the site plan submittal, detailing
the methods intended to achieve the desired goal. The Planning Commission
will then make a determination, based on the information presented
by the applicant, whether the applicant's efforts are commensurate
with receiving all or a portion of the density bonus.
C.
In order to qualify for bonuses under this section, a development
shall demonstrate compliance with at least 50% of the above criteria.
The Town hereby incorporates, by reference, the access standards
in the County Road Ordinance.
A.
All buildings and structures located within the Highway Corridor
Overlay District shall be preserved against decay and deterioration
and maintained free from structural defects to the extent that such
decay, deterioration or defects may, in the opinion of the Architectural
Review Board, result in the irreparable deterioration of any exterior
appurtenance or architectural feature or produce a detrimental effect
upon the character of the district as a whole or upon the life and
character of the structure itself, including but not limited to:
(1)
The deterioration of exterior walls or other vertical supports;
(2)
The deterioration of roofs or other horizontal members;
(3)
The deterioration of exterior chimneys;
(4)
The deterioration or crumbling of exterior plaster or mortar;
(5)
The ineffective waterproofing of exterior walls, roofs and foundations,
including broken windows or doors;
(6)
The peeling of paint, rotting, holes and other forms of decay;
(7)
The lack of maintenance of the surrounding environment, including
fences, gates, sidewalks, steps, signs, accessory structures and landscaping;
and
(8)
The deterioration of any feature so as to create or permit the
creation of any hazardous or unsafe condition or conditions.
B.
After notice of violation of these provisions by the Architectural Review Board by certified or registered mail of specific instances of failure to maintain or repair, the owner or person in charge of said structure shall have 90 days to remedy such violation. Thereafter, each day during which there exists any violation of this section shall constitute a separate offense and shall be punishable as provided in Article VII. In the alternative, if the owner fails to act, the Board may order the Zoning Administrator, after due notice to the owner, and with the permission of the owner or court order, to enter the property and make or cause to be made such repairs as are necessary to preserve the integrity and safety of the structure, and reasonable cost thereof shall be placed as a lien against the property.
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.
A.
Applicability. All development proposed in the Highway Corridor Overlay
District and other applicable projects shall submit an application
to the Zoning Administrator for review by the Architectural Review
Board. Such application shall be reviewed for consistency with the
guidelines and standards found in this article and according to the
submission and review requirements in this article. When a project
lies within the jurisdiction of a homeowners' association review board,
the Architectural Review Board shall receive written notice of any
action which may be taken by such homeowners' association review board
prior to its review.
B.
Requirement of complete application; minimum items for review. All
applications for Architectural Review Board review shall be complete
according to the requirements of this part before being reviewed by
the Zoning Administrator for conformance with all standards and guidelines
of this part. No application shall be reviewed by the Architectural
Review Board until the minimum items of submission required by this
part have been submitted in a format acceptable to the Zoning Administrator.
C.
Application content. Applications submitted for review by the Architectural Review Board shall be considered complete if they conform to all provisions of Article IV, in addition to the information directly related to those additional provisions to be addressed as part of the Highway Corridor Overlay District review, including:
D.
An application shall be accompanied by the filing fee in the amount
specified.
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.
