§ 28-35. Table of uses and standards., Article III. GENERAL DISTRICT USE REGULATIONS AND STANDARDS, Chapter 28. ZONING ORDINANCE, Code of Ordinances, Stafford County (2024)

Table 3.1, District Uses and Standards, sets forth the uses and standards for each zoning district in Stafford County. No land or structure shall be used, occupied or developed except in accordance with the standards set forth therein.

(Ord. No. 094-29, § 28-305, 8-9-94; Ord. No. O05-21, 3-15-05)

Table 3.1. District Uses and Standards

A-1 Agricultural.

The purpose of the A-1 district is to reserve areas for traditional agricultural activities and to provide for their continuation as well as preservation of areas of rural character.

(a)

Uses permitted by right:

Accessory dwelling.

Agricultural operation for livestock/poultry. (If such operation is located on property less than two (2) acres, a conservation farm plan approved by the Tri-County City Soil and Water Conservation District (SWCD) or other applicable agency must be provided.)

Agriculture.

Agri-tourism activity.

Aquaculture.

Automobile avocation.

Campground on a minimum of ten (10) acres.

Cemetery (in accordance with subsection 28-39(o)).

Equestrian use and bridle path.

Farm brewery.

Farm winery.

Farmers market (in accordance with subsection 28-39(v)).

Feedlot with a 900-foot setback from any perennial stream.

Forestry on a minimum of twenty (20) acres with a plan approved by the department of forestry and/or a certified consulting forester.

Group family day care home (in accordance with subsection 28-39(g)).

Home business I.

Home occupation.

Kennel, non-commercial.

Manufactured home qualifying as a single-family home under Virginia Code.

Park and playground.

Place of worship.

Plant and tree nursery/greenhouse on a minimum of five (5) acres.

Public facilities/utilities but not including generating facilities, substations, switching stations, and wastewater treatment facilities which are permitted as a conditional use permit, and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Sawmill and ancillary products not part of a timbering operation, on a minimum of five (5) acres.

Secondary dwelling fifty (50) or more years in age upon referral of the Stafford County Historic Commission.

Single-family dwelling.

Slaughter and animal processing incidental to agricultural intensive use on a minimum of ten (10) acres and inspected by the Virginia Department of Agriculture and Consumer Services (VDACS).

Small family day care.

Veterinary clinic without boarding facilities.

Wayside stand.

Wetland mitigation bank.

(b)

Conditional use permit:

Airport, private.

Child care center.

Commercial tree stump grinding and mulch sale.

Communication facility.

Golf course.

Horseracing.

Hotel/motel.

Indoor flea market.

Marina with or without accessory boat sales.

Nursing home.

Outdoor flea market.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

School.

Test lane facility.

Travel trailer/RV park.

(c)

Special exception:

Agricultural service establishment on lots greater than or equal to five (5) acres.

Animal feeding operation.

Bed and breakfast inn.

Club/lodge/fraternal organization.

Community use.

Event venue on lots greater than twenty (20) acres and in compliance with all state and local codes including, but not limited to, Virginia Department of Health regulations.

Home-based rescue.

Home business II.

Kennel, commercial.

Rural home business.

Turkey shoot.

Veterinary clinic with boarding facilities.

(d)

Requirements:

(1)

Intensity:

Open space ratio for public works, cemetery, club, lodge, fraternal organization, schools, and places of worship ..... 0.50

Open space ratio, other uses ..... 0.80 ratio

(2)

Minimum lot area (acres):

Conventional subdivision ..... 3

(3)

Maximum density with TDR's : ..... 2.25 du/acre

 (TDR developments limited to single-family detached dwellings)

(4)

Minimum yards: (Feet)

Conventional subdivision:

Front ..... 50

Side ..... 20

Rear ..... 35

(5)

Maximum height (in feet) ..... 35

(6)

Minimum lot width (in feet):

Conventional subdivision ..... 200

(7)

Cluster designed subdivisions are permitted on parcels within the boundary established on the map entitled "Cluster Subdivision Areas." [See section 28-41.]

(8)

For cluster designed subdivisions refer to table 3.1(b).

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-41, 5-16-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-05, 1-2-96; Ord. No. 096-09, 2-6-96; Ord. No. 097-13, 1-21-97; Ord. No. 097-19, 2-18-97; Ord. No. 097-35, 5-6-97; Ord. No. 000-28, 5-16-00; Ord. No. 000-73, 9-12-00; Ord. No. 001-27, 5-1-01; Ord. No. 002-08, 3-19-02; Ord. No. 002-17, 6-18-02; Ord. No. O03-29, 6-17-03; Ord. No. O05-21, 3-15-05; Ord. No. O06-83, 10-17-06; Ord. No. O07-66, 9-4-07; Ord. No. O09-13, 6-16-09; Ord. No. O10-12, 3-2-10; Ord. No. O12-04, 3-20-12; Ord. No. O12-07, 6-19-12; Ord. No. O12-17, 6-19-12; Ord. No. O12-29, 12-4-12; Ord. No. O13-04, 2-19-13; Ord. No. O13-21, 2-19-13; Ord. No. O13-09, 3-19-13; Ord. No. O13-38, 9-17-13; Ord. No. O14-04, 2-4-14; Ord. No. O18-13, 3-20-18; Ord. No. O18-16, 7-10-18; Ord. No. O18-06, 12-11-18; Ord. No. O19-02, 1-22-19; Ord. No. O19-21, 10-1-19)

A-2 Rural Residential.

The purpose of the A-2 district is to provide a transition between rural and urban areas, where public water and sewer utilities may be provided.

(a)

Uses permitted by right:

Accessory dwelling.

Agriculture.

Aquaculture.

Automobile avocation.

Bed and breakfast inn.

Community use.

Equestrian use and bridle path.

Farmers market (in accordance with subsection 28-39(v)).

Golf course.

Group family day care home (in accordance with subsection 28-39(g)).

Home business I.

Home occupation.

Manufactured home.

Noncommercial kennel.

Park and playground.

Place of worship.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

School.

Single-family dwelling.

Small family day care.

Wetland mitigation bank.

(b)

Conditional use permit:

Club, lodge, fraternal organization.

Communication facility.

Hospital.

Marina.

Nursing home.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recreational enterprise.

(c)

Special exception:

Home business II.

Parking and storage of commercial vehicles.

(d)

Requirements:

(1)

Intensity:

Open space ratio for public works, cemetery, club, lodge, fraternal organization, schools, and places of worship ..... 0.50

Open space ratio, other uses ..... 0.80 ratio

(2)

Minimum lot area (acres):

Conventional subdivision ..... 1

(3)

Minimum yards: (Feet)

Conventional subdivision:

Front ..... 40

Side ..... 10

Rear ..... 35

(4)

Maximum height (in feet) ..... 35

(5)

Minimum lot width (in feet):

Conventional subdivision ..... 100

(6)

Cluster designed subdivisions are permitted on parcels within the boundary established on the map entitled "Cluster Subdivision Areas." [See section 28-41.]

(7)

For cluster designed subdivisions refer to table 3.1(b).

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-41, 5-16-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 097-18, 2-18-97; Ord. No. 097-19, 2-18-97; Ord. No. 002-17, 6-18-02; Ord. No. O03-29, 6-17-03; Ord. No. O06-83, 10-17-06; Ord. No. O07-66, 9-4-07; Ord. No. O09-13, 6-16-09; Ord. No. O12-04, 3-20-12; Ord. No. O12-07, 6-19-12; Ord. No. O12-17, 6-19-12; Ord. No. O13-38, 9-17-13; Ord. No. O18-13, 3-20-18; Ord. No. O18-16, 7-10-18; Ord. No. O18-06, 12-11-18; Ord. No. O19-02, 1-22-19)

R-1 Suburban Residential.

The purpose of the R-1 district is to provide areas which are in close proximity to existing or future development of equivalent or higher densities, and which are intended for low-density residential development where public water and sewerage facilities are available. Development in the R-1 district is intended to be characterized primarily by single-family dwellings.

(a)

Uses permitted by right:

Accessory dwelling.

Apiary, as accessory use (in accordance with subsection 28-39 (aa)).

Community use.

Farmers market (in accordance with subsection 28-39(v)).

Group family day care home.

Home business I.

Home occupation.

Park and playground.

Place of worship within a Historic Resource (HR) overlay zoning district.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

School.

Single-family dwelling.

Small family day care.

(b)

Conditional use permit:

Bed and breakfast inn.

Cluster subdivision with increased density, per table 3.1(b).

Golf course.

Marina.

Nursing home.

Place of worship (except for a place of worship located within a Historic Resource (HR) overlay zoning district).

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recreational facility.

(c)

Special exception:

Home business II.

Keeping of horses and ponies on three-acre or larger lots.

(d)

Requirements:

(1)

Intensity:

Allocated density for conventional subdivision ..... 1.5 du/ac

Open space ratio for conventional subdivision ..... 0.50

Maximum density with TDR's ..... 14.0 du/acre

TDR developments may include:

Townhouses at up to ..... 6.0 du/acre

Multifamily dwellings at up to ..... 14.0 du/acre

Open space ratio ..... .0.5

Open space ratio with TDR's ..... .0.25

(2)

Minimum yards: (Feet)

Conventional subdivision:

Front ..... 30

Side ..... 10

Rear ..... 35

(3)

Maximum height (in feet) ..... 35

(4)

Minimum lot width (feet):

Conventional subdivision ..... 80

(5)

Cluster designed subdivisions are permitted on parcels within the boundary established on the map entitled "Cluster Subdivision Areas." [See section 28-41.]

(6)

For cluster designed development refer to table 3.1(b).

* If a standard or requirement was not modified by this table 3.1(b), the standard as provide in the zoning category shall apply.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-38, 5-16-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 097-13, 1-21-97; Ord. No. 099-45, 8-17-99; Ord. No. 000-22, 10-17-00; Ord. No. O06-83, 10-17-06; Ord. No. O09-13, 6-16-09; Ord. No. O12-17, 6-19-12; Ord. No. O13-21, 2-19-13; Ord. No. O13-02, 3-5-13; Ord. No. O15-10, 5-5-15; Ord. No. O18-13, 3-20-18; Ord. No. O18-16, 7-10-18; Ord. No. O18-06, 12-11-18; Ord. No. O19-02, 1-22-19; Ord. No. O20-09 , 3-3-20)

R-2 Urban Residential—Medium Density.

The purpose of the R-2 district is to provide areas of medium density residential uses designed and intended to be primarily characterized by multifamily dwellings, duplexes and townhouses. Such districts are to be located near centers of urban concentrations, only where approved water and sewerage are available and where transportation systems are adequate.

(a)

Uses permitted by right:

Atrium house dwellings.

Community use.

Duplex.

Farmers market (in accordance with subsection 28-39(v)).

Group family day care home.

Home business I.

Home occupation.

Lot line dwellings.

Multifamily dwelling.

Park and playground.

Patio house dwellings.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

School.

Single-family dwelling.

Small family day care.

Townhouse.

Village house dwellings.

Weak-link townhouse dwellings.

(b)

Conditional use permit:

Assisted living facility.

Golf course.

Marina.

Nursing home.

Place of worship.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recreational facility.

Retirement housing.

(c)

Special exception:

Home business II.

(d)

Requirements:

(1)

Intensity:

Allocated density ..... 3.5 du/ac

Open space ratio ..... 0.25 ratio

 *For duplex structures, the minimum width of any individual side yard is three (3) feet, and the minimum total width between nonattached structures is fifteen (15) feet.

 **For multi-family structures, the minimum setback is thirty-five feet from any public right-of-way, and thirty (30) feet from any other structure.

 ***For lot line dwellings, the minimum width of any individual side yard is five (5) feet, and the minimum total width between structures is twenty (20) feet.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. 000-41, 8-8-00; Ord. No. 000-22, 10-17-00; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07; Ord. No. O09-13, 6-16-09; Ord. No. O15-10, 5-5-15; Ord. No. O18-13, 3-20-18; Ord. No. O18-05, 4-17-18; Ord. No. O18-06, 12-11-18; Ord. No. O19-02, 1-22-19)

R-3 Urban Residential—High Density.

The purpose of the R-3 district is to provide areas of high density residential uses designed and intended to be primarily characterized by multifamily dwellings and townhouses. Such districts are to be located near centers of urban concentrations, only where approved water and sewerage are available and where transportation systems are adequate.

(a)

Uses permitted by right:

Atrium house dwellings.

Community use.

Duplex.

Farmers market (in accordance with subsection 28-39(v)).

Group family day care home.

Home business I.

Home occupation.

Lot line dwellings.

Multifamily dwelling.

Park and playground.

Patio house dwellings.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

School.

Single-family dwelling.

Small family day care.

Townhouse.

Village house dwellings.

Weak-link townhouse dwellings.

(b)

Conditional use permit:

Assisted living facility.

Golf course.

Marina.

Nursing home.

Place of workshop [worship].

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recreational facility.

Retirement housing.

(c)

Special exception:

Home business II.

Public facility/utility for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

(d)

Requirements:

(1)

Intensity:

Allocated density ..... 7.0 du/ac

Open space ratio ..... 0.25 ratio

 *For lot line dwellings, the minimum width of any side yard is five (5) feet, and the minimum total width between structures is fifteen (15) feet.

 **For duplex structures, the minimum width of any individual side yard is three (3) feet, and the minimum total width between nonattached structures is fifteen (15) feet.

***For multifamily structures, the minimum setback is thirty-five (35) feet from any public right-of-way, and thirty (30) feet from any other structure.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. 000-41, 8-8-00; Ord. No. 000-22, 10-17-00; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07; Ord. No. O09-13, 6-16-09; Ord. No. O15-10, 5-5-15; Ord. No. O18-13, 3-20-18; Ord. No. O18-05, 4-17-18; Ord. No. O18-06, 12-11-18; Ord. No. O19-02, 1-22-19)

R-4 Manufactured Homes.

The purpose of the R-4 district is to establish areas of the county which are intended to accommodate transportable single-family dwelling units, registered and identified by the State of Virginia as manufactured homes, formerly known as mobile homes. It is intended that these manufactured homes be located in high density, yearround park type developments where all necessary public facilities are available and in close proximity to major roads capable of handling high volumes of traffic.

(a)

Uses permitted by right:

Community facility.

Farmers market (in accordance with subsection 28-39(v)).

Group family day care home.

Home occupation.

Manufactured home park.

Manufactured home subdivision.

Manufactured home/mobile home.

Park and playground.

Parking of tractors for use in the manufactured home park.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Small family day care home.

(b)

Conditional use permit:

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recreational facility.

(c)

Requirements:

(1)

Intensity:

Allocated density ..... 7.0 du/ac

Open space ratio ..... 0.30 ratio

(2)

Minimum yards: Feet

Front ..... 15

Side ..... 5

Back ..... 5

(3)

Maximum height (in feet) ..... 35

(4)

Minimum lot width (in feet):

Single wide ..... 40

Double wide ..... 50

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-45, 8-17-99; Ord. No. O06-83, 10-17-06; Ord. No. O09-13, 6-16-09; Ord. No. O15-10, 5-5-15)

R-5 Age-Restricted Housing

The purpose of the R-5 district is to provide areas of high-intensity residential uses designed and intended to be multifamily dwellings for persons fifty-five (55) years in age or older, in accordance with all federal and state laws and regulations. Such districts shall be located within the designated urban services area, where public water and sewer are available and transportation systems are adequate, and outside of the military impact areas in the comprehensive plan.

(a)

Uses permitted by-right:

Assisted living facility.

Community use.

Multifamily dwelling.

Retirement housing.

(b)

Conditional use permit: Allocated density greater than 15.0 du/acre, gross tract but less than or equal to 24.0 du/acre, gross tract.

(c)

Requirements:

(1)

Intensity:

Minimum gross tract size (acres) .....2

Maximum gross tract size (acres) .....15

Allocated density .....15.0
du/acre, gross tract

Open space ratio .....0.25

(2)

Minimum yards: Feet

Front ..... 15

Side ..... 15

Rear ..... 20

For multifamily dwelling structures: additional yards of thirty-five (35) feet from any public right-of-way, and thirty (30) feet from any other structure.

(3)

Maximum height .....3 stories

(4)

Maximum floor area ratio (non-residential) .....0.7

(Ord. No. O17-08, 10-3-17)

P-TND Planned-Traditional Neighborhood Development

(a)

Uses permitted by right:

Bank, lending institution with no drive-through facility.

Bed and breakfast inn, up to five (5) rooms.

Bike station.

Carry out/cafe with no drive-through facility.

Center for the arts.

Conference center.

Convention center.

Country inn, up to twelve (12) rooms.

Day care center.

Dormitory, school.

Duplex.

Dwelling, accessory.

Dwelling, atrium house.

Dwelling, attached.

Dwelling, carriage house.

Dwelling, condominium.

Dwelling, lot line.

Dwelling, multifamily.

Dwelling, patio house.

Dwelling, quadruple-attached.

Dwelling, semi-detached.

Dwelling, single-family.

Dwelling, three-family attached.

Dwelling, townhouse.

Dwelling, village house.

Exhibition center.

Funeral home.

High intensity retail uses not otherwise listed.

Home business I.

Home occupation.

Hotel.

Instruction with studio.

Kiosk.

Library.

Live/work unit.

Medical, dental office.

Medical, dental clinic.

Museum.

Open, farmers market.

Outdoor pavilion.

Place of worship.

Professional office.

Public facilities for water/sewer pump stations and water tanks.

Public works.

Push cart.

Restaurant.

Retail uses permitted by right in the B-2 zoning district.

School.

School, college or university.

School, vocational.

Telecommunication antennas as an ancillary use to an existing building or structure.

Theater, movie/multiplex,

Triplex.

(b)

Conditional use permit:

Automobile repair.

Drive-through facilities.

Golf course, minimum of eighteen (18) holes and may include practice tees and golf driving range as an accessory only.

Hospital.

Motel.

Public facilities, except for water/sewer pump stations and propane and heating fuel distribution facilities.

Substation.

Telecommunication facility.

Telecommunication facility other than antennas which are ancillary to an existing building or structure.

Vehicle fuel sales.

(c)

Requirements:

(1)

Intensity:

Minimum gross tract area/acres .....40

(Except for redevelopment, provided there is no increase of impervious area greater than ten (10) percent, no minimum gross tract area/acres for such redevelopment.)

Minimum gross tract area with TDRs .....20 acres

Allocated density .....10.0 d.u./gross tract acres

Allocated density with TDR's .....12.0 d.u./gross tract acres

Open space ratio, gross tract .....0.25

Open space ratio with TDR's, gross tract .....0.20

(2)

Refer to tables 3.5(a), 3.5(b), 3.5(c), 3.5(d), 3.5(e), 3.5(f), and 3.5(g) for additional intensity regulations within specific Transect Zones.

(Ord. No. O07-39, 7-17-07; Ord. No. O09-13, 6-16-09; Ord. No. O13-21, 2-19-13; Ord. No. O14-33, 11-13-14; Ord. No. O18-06, 12-11-18)

B-1 Convenience Commercial.

The purpose of the B-1 district is to provide areas for selected retail shopping and personal services to serve only the needs of the adjacent residential areas. Such areas are intended to be located only at strategic sites in relation to population centers and transportation networks.

(a)

Uses permitted by right:

Bakery.

Bank and lending institution.

Barber/beauty shop.

Clinic, medical and dental.

Club/lodge/fraternal organization.

Convenience center.

Convenience store.

Dance studio.

Drug store.

Dry cleaner/laundry.

Farmers market (in accordance with subsection 28-39(v)).

Flex office.

Florist.

General office use.

Gift/antique shop.

Indoor flea market.

Low intensity commercial retail.

Medical/dental office.

Medium intensity commercial retail.

Place of worship.

Plant and tree nursery.

Professional office.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Restaurant without a drive-through facility.

Retail food shop.

School.

School, vocational.

Tailor shop.

Veterinary clinic.

(b)

Conditional use permit:

Adult business.

Arcade.

Broadcasting station.

Car wash.

Child care center.

Drive-through.

High intensity commercial retail not otherwise listed for this district.

Hospital.

Outdoor flea market.

Pet store.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recreational enterprise.

Retail photo laboratory processing.

Vehicle fuel sale and accessory auto repair.

(c)

Requirements.

(1)

Intensity: Ratio

Maximum floor area ratio ..... 0.60

Open space ratio ..... 0.30

(2)

Minimum yards: Feet

Front* ..... 40

Side** .....  0

Back ..... 25

(3)

Maximum height (in feet) ..... 40

*Front setback may be reduced. Specified in subsection 28-59(f)(10).

** Where adjoining property is other than commercial or industrial, the side yard shall be fifteen (15) feet or greater.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-05, 1-2-96; Ord. No. 000-35, 6-6-00; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-42, 9-4-07; Ord. No. O08-61, 9-2-08; Ord. No. O09-04, 3-3-09; Ord. No. O09-13, 6-16-09; Ord. No. O10-14, 3-16-10; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O18-08, 2-6-18)

B-2 Urban Commercial.

The purpose of the B-2 district is to designate appropriate areas for high intensity commercial uses intended to serve retail sales and service and business and professional service needs, at a regional or countywide scale. These areas should be located at strategic nodes along arterial and major collector roads where there are adequate utilities and facilities to serve intense development.

(a)

Uses permitted by right:

Adult day care center.

All uses permitted by right in the B-1 district.

Bank and lending institution.

Barber/beauty shop.

Building material sale and storage yard and mulch sale.

Car wash.

Child care center.

Clinic, medical and dental.

Club, lodge, fraternal organization.

Convenience center.

Dance studio.

Data and computer services centers.

Drug store.

Dry cleaner/laundry.

Farmers market (in accordance with subsection 28-39(v)).

Flex office.

Florist.

Funeral home.

General office use.

Gift/antique shop.

Hotel.

Indoor flea market.

Lot intensity commercial retail.

Lumber/building/electrical/plumbing supply with covered storage.

Machinery sale and service.

Medical/dental office.

Medium intensity commercial retail.

Motel.

Pet store.

Place of worship.

Plant and tree nursery/greenhouse.

Printing, publishing, engraving.

Professional office.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Recreational enterprise.

Restaurant.

Retail bakery.

Retail food shop.

School.

School, vocational.

Tailor shop.

Theater with fewer than 3,500 seats.

Warehousing, mini-storage.

Wholesale business.

(b)

Conditional use permit:

Adult business.

Arcade.

Auto service.

Automobile repair.

Boat sales.

Broadcasting station.

Drive-through.

Dwelling for watchman or caretaker on premises.

Fleet parking.

Hospital.

Marina.

Motor vehicle rental.

Motor vehicle sales.

Nightclub.

Outdoor flea market.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Public parking lot.

Retail photo laboratory processing.

Theater with 3,500 or more seats.

Vehicle fuel sales.

Warehouse, storage.

(c)

Special exception:

Microbrewery in accordance with subsection 28-39(w).

(d)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ratio ..... 0.70

Open space ratio ..... 0.25

(2)

Minimum yards: Feet

Front* ..... 40

Side** .....  0

Back ..... 25

(3)

Maximum height (in feet) ..... 65

* Front setback may be reduced. Specified in subsection 28-59(f)(10).

** Where adjoining property is other than commercial or industrial, the side yard shall be fifteen (15) feet or greater.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-40, 5-16-95; Ord. No. 096-05, 1-2-96; Ord. No. 097-19, 2-18-97; Ord. No. 099-42, 7-13-99; Ord. No. 000-35, 6-6-00; Ord. No. 001-04, 1-2-01; Ord. No. 001-16, 4-10-01; Ord. No. 001-27, 5-1-01; Ord. No. 001-39, 8-16-01; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-42, 9-4-07; Ord. No. O07-78, 12-18-07; Ord. No. O08-61, 9-2-08; Ord. No. O09-13, 6-16-09; Ord. No. O10-14, 3-16-10; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O12-16, 12-4-12; Ord. No. O13-07, 6-4-13; Ord. No. O13-36, 9-3-13; Ord. No. O18-08, 2-6-18)

B-3 Office.

The purpose of the B-3 district is to provide areas in the county for the location of professional offices and office parks. Such areas should be located as transitional areas between commercial and residential uses.

(a)

Uses permitted by right:

Bank and lending institution.

Clinic, medical and dental.

Farmers market (in accordance with subsection 28-39(v)).

Flex office.

General office use.

Low intensity commercial retail.

Medical/dental office.

Professional office.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Restaurant without drive-through.

School.

School, vocational.

(b)

Conditional use permit:

Child care center.

Drive-through.

Hospital.

Hotel/motel.

Laboratory research and testing facility.

Printing, publishing, engraving.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Public parking lot.

(c)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ratio ..... 0.65

Maximum floor area ratio with TDR ..... 1.3

Minimum open space ratio ..... 0.30

Minimum open space ratio with TDR ..... 0.15

(2)

Minimum yards: Feet

Front* ..... 40

Side ..... 10

Back ..... 25

(3)

Maximum height (in feet) ..... 65

* Front setback may be reduced. Specified in subsection 28-59(f)(10).

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 000-35, 6-6-00; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-42, 9-4-07; Ord. No. O08-61, 9-2-08; Ord. No. O09-13, 6-16-09; Ord. No. O10-14, 3-16-10; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O13-07, 6-4-13; Ord. No. O15-06, 2-24-15; Ord. No. O18-08, 2-6-18)

RBC Recreational Business Campus.

The purpose of the RBC district is to provide areas for professional office, general office, research and development, hotel, conference facilities, low to medium intensity retail, health and fitness clubs, executive style housing, law enforcement training campuses, retirement housing, active recreational activities, and other specified uses in a business campus environment integrated with activities dependent on significant areas of open space such as golf courses, marinas, and/or nature and wildlife preserves. This district should be located near significant environmental features such as forests, lakes with at least five (5) acres of surface water area and/or rivers, and where there is provision for adequate access to major collector or higher category roadways and public sewer and water utilities.

(a)

Uses permitted by right:

Active recreation.

Amphitheater.

Athletic fields.

Automobile service.

Bake shop.

Barber/beauty shop.

Bank and lending institution.

Bocci ball fields.

Bowling alley.

Business service and supply.

Child care center.

Clinic, medical or dental.

Clubs/lodges/fraternal organizations.

Community use.

Conference facility.

Convenience center.

Convenience store.

Croquet field.

Dance studio.

Dance/exercise studio.

Data and computer services centers.

Drug store.

Dry cleaner/laundry.

Executive style housing.

Farmers market (in accordance with subsection 28-39(v)).

Flex office.

Florists.

General office use.

Gift/antique shops.

Golf course.

Golf driving range and practice area.

Health/fitness club or spa.

High intensity commercial retail.

Home business I.

Home occupation.

Horseback riding and stables.

Hotel/motel.

Laboratory, development, research and testing.

Light industrial use.

Light manufacturing.

Low intensity commercial retail.

Marina.

Medical/dental office.

Medium intensity commercial retail.

Parks and playgrounds.

Passive recreation.

Private school and instructional facility.

Professional office.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Racquetball/squash/handball courts.

Recreational facility.

Restaurant.

Retail food store (one such store shall be permitted per five hundred (500) acres of a district).

Retirement housing.

School.

Skating rink.

Swimming pool/sauna.

Tennis court/club.

Theater.

Volleyball court/club.

(b)

Conditional use permit:

Convention facility.

Drive-through.

Helistop.

Motor vehicle rental.

Multifamily dwelling.

Nightclub.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Public parking lot.

Recreational enterprises not otherwise permitted as a matter of right in subsection (a) above.

School.

School, vocational.

Vehicle fuel sales.

(c)

Requirements:

(1)

Intensity:

Allocated density (multifamily dwelling) .....16 du per
acre

Minimum open space ratio (multifamily dwelling) .....0.25

Allocated density (executive housing) .....1 du per 6 acres

Allocated density (retirement housing) .....7 du per acre

Minimum open space ratio (net on site, nonresidential .....0.25

Minimum open space ratio (executive housing) .....0.5

Minimum open space ration (gross for district) .....0.55

Minimum open space ratio (retirement housing) .....0.25

Maximum floor area ratio (office) .....1.0

Maximum floor area ratio (commercial retail) .....1.0

Maximum floor area ratio (hotel) .....1.0

Maximum floor area ratio (other) .....1.0

(2)

Retirement housing.

*For multifamily structures, the minimum setback is thirty-five (35) feet from any public right-of-way, and thirty (30) feet from any other structure.

**Minimum distance between townhouse end units.

***Side yard requirements: The first number indicates the minimum yard for one of the side yards. The second number is the minimum combed total for both side yards.

(3)

Executive housing.

Minimum yards. Feet

Front .....40

Side .....0

Back .....25

Minimum lot area .....1 acre

(4)

Minimum yards nonresidential. Feet

Front .....40

Side .....0

Back .....25

Nonresidential buildings shall have an additional yard requirement of one foot for each foot of building height greater than fifty (50) feet.

(5)

Maximum building height nonresidential buildings .....120 feet

(6)

Minimum district size .....500 acres

(Ord. No. 099-26, 7-13-99; Ord. No. 099-59, 11-4-99; Ord. No. 099-60, 11-4-99; Ord. No. 000-42, 6-20-00; Ord. No. 001-16, 4-10-01; Ord. No. 001-27, 5-1-01; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. 003-03, 7-1-03; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-78, 12-18-07; Ord. No. O08-60, 9-2-08; Ord. No. O09-13, 6-16-09; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O12-16, 12-4-12; Ord. No. O13-07, 6-4-13; Ord. No. O13-14, 6-4-13; Ord. No. O13-50, 10-15-13; Ord. No. O18-08, 2-6-18; Ord. No. O18-05, 4-17-18; Ord. No. O18-06, 12-11-18)

RC Rural Commercial.

The purpose of the RC district is to provide areas of the county located at strategic intersections of arterial and major collector roads where commercial uses in centers of less than ten thousand (10,000) square feet of gross floor area, for the convenience of nearby rural populations, can be located.

(a)

Uses permitted by right:

Agricultural service establishment.

Bank and lending institution.

Barber/beauty shop.

Clinic, medical and dental.

Convenience center.

Convenience store.

Dance studio.

Drug store.

Farmers market (in accordance with subsection 28-39(v)).

Flex office.

Florist.

Gift/antique shop.

Low intensity commercial retail.

Lumber/building/electrical/plumbing supply with covered storage and wholesale mulch sale.

Medical/dental office.

Medium intensity commercial retail.

Place of worship.

Professional office.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Restaurant without a drive-through.

Retail bakery.

Retail food store.

School, vocational.

Tailor shop.

Veterinary clinic.

(b)

Conditional use permit:

Adult business.

Auto service.

Broadcasting station.

Child care center.

Commercial kennel.

Drive-through.

Dry cleaner.

Indoor flea market.

Outdoor flea market.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Vehicle fuel sale.

(c)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ratio ..... 0.55

Open space ratio ..... 0.40

(2)

Minimum yards: Feet

Front ..... 40

Side ..... 10

Back ..... 25

(3)

Maximum height (in feet) ..... 35

(Ord. No. 094-29, 8-9-94; Ord. No. 096-05, 1-2-96; Ord. No. 002-08, 3-19-02; Ord. No. 002-18, 4-2-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O08-61, 9-2-08; Ord. No. O09-13, 6-16-09; Ord. No. O10-14, 3-16-10; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O18-08, 2-6-18)

SC Suburban Commercial.

The purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate neighborhood in which they are located. This district should be established on major thoroughfares at locations convenient and accessible to residential areas without vehicular trips.

(a)

Uses permitted by right:

Adult day care center.

Bakery.

Bank and lending institution.

Barber/beauty shop.

Child care center.

Clinic, medical and dental.

Convenience center without vehicle fuel sale.

Dance studio.

Drug store.

Dry cleaner/laundry.

Farmers market (in accordance with subsection 28-39(v)).

Florist.

Gift/antique shop.

Low intensity commercial retail.

Medium intensity commercial retail.

Medical/dental office.

Place of worship.

Professional office.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Restaurant without a drive-through.

School.

School, vocational.

Tailor shop.

(b)

Conditional use permit:

Adult business.

Broadcasting station.

Drive-through.

Funeral home.

High intensity commercial retail not otherwise listed.

Indoor flea market.

Outdoor flea market.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recreational enterprise.

(c)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ratio ..... 0.45

Open space ratio ..... 0.40

(2)

Minimum yards: Feet

Front* ..... 40

Side ..... 10

Back ..... 25

(3)

Maximum height (in feet) ..... 35

* Front setback may be reduced. Specified in subsection 28-59(f)(10).

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-05, 1-2-96; Ord. No. 099-42, 7-13-99; Ord. No. 000-35, 6-6-00; Ord. No. O06-01, 6-20-06; Ord. No. O06-74, 10-17-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-42, 9-4-07; Ord. No. O07-78, 12-18-07; Ord. No. O08-61, 9-2-08; Ord. No. O09-13, 6-16-09; Ord. No. O10-14, 3-16-10; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O18-08, 2-6-18)

M-1 Industrial Light.

The purpose of the M-1 district is to establish areas of the county to provide for certain types of business and industrial uses characterized by light manufacturing, fabrication, warehousing and wholesale distribution, which are relatively free from offensive activities and which, with proper performance standards, will not detract from residential desirability of adjacent properties. It is intended that the M-1 district encourage the development of parks for the location of these uses. These [This] district should be located only where all necessary public utilities are available and where transportation systems are adequate.

(a)

Uses permitted by right:

Aquaculture.

Automobile assembling, disassembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or battery manufacture.

Building materials sales and service yards.

Commercial kennels.

Contractors equipment and storage yards.

Convenience center.

Convenience store.

Data and computer services centers.

Fleet parking.

Flex office.

General office uses.

Hotel.

Laboratory, research and testing.

Light industrial uses.

Light manufacturing uses.

Machinery sales and service.

Maintenance, rental, and repair of modular units designed for temporary office or classrooms.

Microbrewery in accordance with subsection 28-39(w).

Motor vehicle rental.

Parking and storage of tractor trailers.

Printing, publishing, engraving.

Public facilities/utilities but not including propane and heating fuel distribution facilities, generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit.

Public parking lot.

Public works excluding wastewater treatment facilities.

Railroad sidings.

Restaurants without drive-through.

School, vocational.

Selected indoor recreational enterprises within industrial parks.

Storage warehouse.

Veterinary clinic.

Vocational school.

Warehousing, mini-storage.

Welding or machine shops (including the use of punch presses not to exceed fifty (50) tons rated capacity).

Wholesale business.

(b)

Conditional use permit:

Adult business.

Airport, private.

Boat sales.

Brewery.

Clinic, medical and dental.

Communication facility.

Distillery.

Drive-through.

Dwelling for watchman or caretaker on-premises.

Low intensity commercial retail not otherwise listed.

Medium intensity commercial retail not otherwise listed.

Microbrewery, in accordance with subsection 28-39(w), with facilities for events such as weddings, parties, and/or events with two hundred (200) or more attendees.

Motor vehicle sales.

Other light industrial and manufacturing uses not otherwise listed for this district.

Place of worship.

Public facilities/utilities for propane and heating fuel distribution facilities, generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Recycling facilities.

School.

School, industrial.

Truck stop.

Vehicle fuel sales.

(c)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ..... 0.50

Open space ratio ..... 0.20

(2)

Minimum yards: Feet

Front* ..... 40

Side** ..... 15

Back** ..... 15

(3)

Maximum height (in feet) ..... 65

* Front setback may be reduced. Specified in subsection 28-59(f)(10).

** When adjoining any nonindustrial district, the setbacks shall be at least forty (40) feet.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 097-04, 1-7-97; Ord. No. 097-25, 3-18-97; Ord. No. 097-36, 5-20-97; Ord. No. 097-43, 6-17-97; Ord. No. 000-35, 6-6-00; Ord. No. 001-27, 5-1-01; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. 002-17, 6-18-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-78, 12-18-07; Ord. No. O09-13, 6-16-09; Ord. No. O11-10, 6-21-11; Ord. No. O12-16, 12-4-12; Ord. No. O12-37, 12-4-12; Ord. No. O13-36, 9-3-13; Ord. No. O16-38, 10-18-16; Ord. No. O18-08, 2-6-18; Ord. No. O19-20, 5-7-19)

M-2 Industrial, Heavy.

The purpose of the M-2 district is to provide areas within the county suitable for a variety of industrial type uses which may not be compatible with residential uses due to some potential nuisance or hazard. The development of "industrial parks" in the M-2 district is encouraged. Conditional use permits are required for certain uses within the M-2 district to assure protection of the general public and surrounding properties. These districts should only be located where all necessary public utilities are available and where transportation systems are adequate.

(a)

Uses permitted by right:

All uses permitted by right in the M-1 district.

Aquaculture.

Brewery.

Building material sales and service yards.

Commercial kennels.

Contractors equipment yard or rental of equipment.

Convenience center.

Convenience store.

Data and computer services centers.

Distillery.

Fleet parking for vehicles.

Flex office.

General office uses.

Laboratory, research and testing.

Light industrial uses.

Light manufacturing uses.

Machinery sales and service.

Microbrewery, in accordance with subsection 28-39(w).

Printing, publishing, and engraving.

Public facilities/utilities but not including generating facilities, substations, switching stations, and wastewater treatment facilities which are permitted as a conditional use permit, and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Railroad sidings.

Recycling facilities.

Restaurants without drive-through.

School, vocational.

Storage warehouses.

Truck/freight terminals.

Truck wash.

Welding or machine shops (including the use of punch presses not to exceed fifty (50) tons rated capacity).

Wholesale business.

(b)

Conditional use permit:

Adult business.

Airport, private.

Automobile salvage yard or operations.

Clinic, medical and dental.

Communication facility.

Drive-through.

Dwellings for watchman or caretaker.

Feed lots.

Heavy industrial and heavy manufacturing uses not otherwise listed for this district.

Junkyard.

Light industrial and manufacturing not otherwise listed.

Low intensity commercial retail not otherwise listed.

Medium intensity commercial retail not otherwise listed.

Microbrewery, in accordance with subsection 28-39(w), brewery, distillery, and with facilities for events such as weddings, parties, and/or events with two hundred (200) or more attendees.

Place of worship.

Public facility/utilities for propane and heating fuel distribution facilities, generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Sale of motor vehicles of a gross weight greater than five (5) tons or with a capacity to carry more than sixteen (16) passengers.

School, industrial.

Slaughter and animal product processing.

Truck stop.

Vehicle fuel sales.

(c)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ratio ..... 1.0

Open space ratio ..... 0.25

(2)

Minimum yards: Feet

Front* ..... 40

Side ..... 40

Back ..... 40

(3)

Maximum height (in feet) ..... 65

* Front setback may be reduced. Specified in subsection 28-59(f)(10).

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-40, 5-16-95; Ord. No. 097-36, 5-20-97; Ord. No. 097-43, 6-17-97; Ord. No. 097-77, 11-25-97; Ord. No. 000-29, 10-17-00; Ord. No. 001-48, 9-13-01; Ord. No. 002-18, 4-2-02; Ord. No. 002-17, 6-18-02; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-41, 9-4-07; Ord. No. O07-78, 12-18-07; Ord. No. O09-13, 6-16-09; Ord. No. O11-10, 6-21-11; Ord. No. O12-16, 12-4-12; Ord. No. O12-37, 12-4-12; Ord. No. O13-09, 3-19-13; Ord. No. O13-36, 9-3-13; Ord. No. O14-04, 2-4-14; Ord. No. O18-08, 2-6-18)

PD-1 Planned Development 1.

The purpose of the PD-1 district is to provide areas of the county of not less than one hundred fifty (150), nor more than five hundred (500) acres which are suitable for a planned, mixed use development with a variety of housing types and commercial uses intended to serve the immediate community. This district should be located only where approved water and sewerage area available or planned and where transportation systems are adequate.

(a)

Uses permitted by right:

Accessory dwellings.

Atrium house dwellings.

Bakeries.

Banks/lending institutions.

Barber/beauty shops.

Clinic, medical and dental.

Commercial apartments.

Community uses.

Convenience center.

Convenience store.

Dance studios.

Drug stores.

Dry cleaners/laundries.

Duplex dwellings.

Farmers market (in accordance with subsection 28-39(v)).

Florists.

General office uses.

Gift/antique shops.

Group family day care home.

Home business I.

Home occupation.

Lot line dwellings.

Medical/dental offices.

Multifamily dwellings.

Parks and playgrounds.

Patio house dwellings.

Places of worship.

Professional offices.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Recreational facilities.

Restaurants without drive-through.

Schools.

School, vocational.

Single-family dwellings.

Small family day care home.

Townhouse dwellings.

Village house dwellings.

Weak-link townhouse dwellings.

(b)

Conditional use permit:

Adult day care center.

Assisted living facility.

Clubs/lodges/fraternal organizations.

Child care centers.

Dwellings for watchmen or caretaker on-premises.

Low intensity commercial retail uses not otherwise listed.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Public parking lot.

Restaurants with drive-through.

Retail food stores greater than ten thousand (10,000) square feet.

Retirement housing.

Theaters.

Vehicle fuel sales.

(c)

Special exception.

(d)

Requirements:

(1)

Intensity:

Allocated density ..... 7.0 du/ac

Maximum density with TDR's ..... 12.0 du/acre

TDR developments may include:

Single-family detached dwellings and townhouses at up to ..... 7.0 du/acre

Multifamily dwellings at up to ..... 12.0 du/acre

Maximum floor area ratio (nonresidential) ..... 0.75

Maximum floor area ratio (nonresidential) with TDR's ..... 0.75

Open space ratio ..... 0.25

Open space ratio with TDR's ..... 0.15

* For duplex structures, the minimum required side yard setback is three (3) feet, and the minimum required distance between structures is fifteen (15) feet.

** For multifamily structures, the minimum setback is thirty-five (35) feet from any public right-of-way and thirty (30) feet from any other structure.

*** For commercial uses adjacent to nonresidential use, the minimum required side yard setback is zero (0) feet and the minimum required rear yard setback is twelve (12) feet. For commercial uses adjacent to residential use, the minimum required side yard setback is fifteen (15) feet and the minimum required rear yard setback is thirty-five (35) feet.

**** For lot line dwellings, the minimum width of any individual side yard is five (5) feet, and the minimum total width between structures is twenty (20) feet.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. 000-41, 8-8-00; Ord. No. 003-29, 6-17-03; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07; Ord. No. O07-78, 12-18-07; Ord. No. O09-13, 6-16-09; Ord. No. O10-14, 3-16-10; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O13-21, 2-19-13; Ord. No. O13-07, 6-4-13; Ord. No. O18-06, 12-11-18)

PD-2 Planned Development 2.

The purpose of the PD-2 district is to provide areas of the county of not less than five hundred (500), nor more than seven hundred sixty (760) acres which are suitable for a planned, mixed use development with a variety of housing types and commercial uses intended to serve the immediate community in a neo-traditional manner. This district should be located only where approved water and sewerage area available or planned and where transportation systems are adequate.

(a)

Uses permitted by right:

Accessory dwelling.

Bakeries.

Banks.

Barber shops.

Commercial apartments.

Community uses.

Convenience center.

Convenience stores.

Dry cleaners/laundries.

Duplex dwellings.

Farmers market (in accordance with subsection 28-39(v)).

Florists.

General office uses.

Gift/antique shops.

Group family day care home.

Home business I.

Home occupation.

Low intensity commercial retail.

Medical/dental offices.

Medium intensity commercial retail.

Multifamily dwellings.

Parks and playgrounds.

Places of worship.

Professional offices.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted as a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Recreational facilities.

Restaurants without drive-through facilities.

Retail food stores.

Schools.

School, vocational.

Single-family dwellings.

Small family day care home.

Townhouse dwellings.

(b)

Conditional use permit:

Adult day care center.

Assisted living facility.

Auto service centers.

Child care centers.

Clinics, medical or dental.

Clubs/lodges/fraternal organizations.

Dance halls.

Dwellings for watchmen or caretaker on-premises.

Funeral homes.

High intensity commercial retail.

Hotels/motels.

Marinas.

Public facilities/utilities for generating facilities, substations, switching stations and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

Public parking lot.

Recreational enterprises.

Restaurants with drive-through.

Retail food stores greater than ten thousand (10,000) square feet.

Retirement housing.

Theaters.

Vehicle fuel sales.

(c)

Special exception.

(d)

Requirements:

(1)

Intensity:

Allocated density ..... 3.25 du/ac

Maximum density with TDR's ..... 12.0 du/acre

TDR developments may include:

Townhouses at up to ..... 6.0 du/acre

Multifamily dwellings at up to ..... 12.0 du/acre

Maximum floor area ratio ..... 1.0

Maximum floor area (nonresidential) with TDR's ..... 0.75

Open space ratio ..... 0.25

Open space ratio with TDR's ..... 0.20

* For single-family and duplex structures, the minimum required side yard setback is zero (0) feet, however, the minimum required distance between structures is ten (10) feet.

** For townhouses and multifamily structures, the minimum required side setback is zero (0) feet, however, the minimum required distance between structures is thirty (30) feet and sixty (60) feet respectively.

*** For commercial uses adjacent to nonresidential use, the minimum required side setback is zero (0) feet and the minimum required rear setback is twelve (12) feet. For commercial uses adjacent to residential use, the minimum required side setback is fifteen (15) feet and the minimum required rear setback is thirty-five (35) feet.

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-09, 2-6-96; Ord. No. 099-42, 7-13-99; Ord. No. 099-45, 8-17-99; Ord. No. O03-29, 6-17-03; Ord. No. O06-01, 6-20-06; Ord. No. O06-83, 10-17-06; Ord. No. O07-68, 10-2-07; Ord. No. O09-13, 6-16-09; Ord. No. O11-10, 6-21-11; Ord. No. O12-07, 6-19-12; Ord. No. O13-21, 2-19-13; Ord. No. O13-07, 6-4-13; Ord. No. O17-27, 10-17-17; Ord. No. O18-06, 12-11-18)

HI Heritage Interpretation.

The purpose of the HI district is to reserve areas in all regions of the county for interpretation of heritage sites and to retain the setting and feeling of the cultural landscape, to permit restoration, preservation, conservation, education, research and business activities related to the operation of a museum and other historic sites in Stafford County, to provide heritage tourism opportunities, and to promote the preservation and enhancement of unique Stafford County cultural resources.

(a)

Uses permitted by right:

Accessory use or structure.

Agriculture.

Amphitheater.

Archive.

Cemetery.

Gift shop.

General office use.

Interpretive building.

Museum.

Passive recreation.

Professional office use.

Public facilities/utilities, excluding generating facilities, substations, switching stations, water treatment and wastewater facilities, repeaters, antennas, transmitters and receivers.

Public works, excluding roads, highways, transit facilities, police, correction and fire protection facilities, and public schools.

Visitor center.

(b)

Conditional use permit:

Employee dwelling.

Library.

Restaurant without a drive-through facility.

Storage, outdoor.

Theater.

(c)

Requirements:

(1)

Special regulations: See subsection 28-39(s).

(2)

Maximum height (in feet): Forty (40) feet.

(Ord. No. O08-02, 5-6-08; Ord. No. O14-02, 2-18-14)

AD Airport Impact Overlay.

The purpose of the AD district is to provide an overlay zone in areas which are subject to intense and/or frequent emissions of noise and vibration from such uses as airports.

(a)

Uses permitted by right:

(1)

All uses permitted in the underlying district, except those specified as conditional uses.

(b)

Conditional use permit:

(1)

All conditional uses permitted in the underlying district.

(2)

Communication facilities.

Communication towers.

(3)

Any habitable structure not associated with the operation of an airport located within a designated noise impact area.

(Ord. No. 094-29, 8-9-94; Ord. No. 003-45, 7-1-03)

CB Chesapeake Bay Protection Overlay.

The purpose of the CB district is to provide an overlay zone to protect the valuable resources of and related to the Chesapeake Bay, in accordance with Virginia Code.

(a)

Uses permitted by right:

(1)

All uses permitted by right in the underlying district.

(b)

Conditional use permit:

(1)

All conditional uses permitted in the underlying district.

(Ord. No. 094-29, 8-9-94)

FH Flood Hazard.

The purpose of the FH district is to provide an overlay zone with limitations on development in areas likely to be inundated by the 100-year flood event, in order to protect life and property and to prevent or minimize flood damage.

(a)

Uses permitted by right:

(1)

All uses permitted by right in the underlying district for any flood fringe or any approximated floodplain district.

(b)

Conditional use permit:

(1)

All conditional use permitted in the underlying district.

(c)

Special exception:

(1)

Public facilities/utilities.

(2)

Streets.

(3)

Bridges.

(4)

Railroads.

(5)

Stormwater management structures.

(6)

Marinas.

(7)

Docks.

(8)

Wharves.

(9)

Piers.

(10)

Water dependent uses.

(11)

Public works.

(Ord. No. 094-29, 8-9-94; Ord. No. O06-83, 10-17-06; Ord. No. O07-31, 5-1-07; Ord. No. O08-37, 6-17-08)

Falmouth Redevelopment Area Overlay (FR).

The purpose of the FR district is to provide suitable and sufficient opportunities for redevelopment through new construction and reuse of existing buildings while maintaining the historic nature and cultural context of the Falmouth area of the county.

(a)

Uses permitted by right. All uses permitted in the underlying zoning district, unless otherwise specifically made a conditional use by this section. Additional by-right uses shall be:

Apartment, commercial.

Bed and breakfast inn.

Community use.

Farmers market (in accordance with subsection 28-39(v)).

Home business I.

Live/work unit.

Place of worship.

Public art.

(b)

Conditional uses. All conditional uses permitted in the underlying zoning district. Additional conditional uses shall be:

Adult day care.

Any permitted or conditional uses which include drive-through facilities.

Hotels or motels.

Medium intensity commercial retail.

Theater with fewer than three thousand five hundred (3,500) seats.

Wholesale business.

(c)

Prohibited uses. The following uses shall be prohibited in the FR district:

Adult business.

Auto service.

Automobile repair.

Boat sales.

Broadcast station.

Building material sale and storage yard and mulch sale.

Car wash.

Convenience center.

Fleet parking.

High intensity commercial retail.

Hospital.

Laboratory research and testing facility.

Lumber/building/electric/plumbing supply.

Machinery sales and service.

Marina.

Motor vehicle rental.

Motor vehicle sales.

Night club.

Outdoor flea market.

Plant and tree nursery/greenhouse.

Recreational enterprise.

Theater with three thousand five hundred (3,500) or more seats.

Vehicle fuel sales.

Warehouse, mini-storage.

Warehouse, storage.

(d)

Requirements.

(1)

Intensity:

Maximum floor area ..... As in the underlying zoning district

Open space ratio ..... As in the underlying zoning district

(2)

Minimum yards:

Front, side, back ..... As in the underlying zoning district

(3)

Maximum height:

Three stories or as in the underlying zoning district, whichever is less

(4)

Minimum lot width: ..... As in the underlying zoning district

The property owner may request relief from the maximum floor area, minimum open space ratio, yard, and lot width requirements pursuant to subsection 28-351(a).

(Ord. No. O16-24, 10-18-16; Ord. No. O17-20, 7-5-17; Ord. No. O18-06, 12-11-18)

HC Highway Corridor Overlay.

The purpose of the HC district is to protect the health, safety, and general welfare of the public by the prevention or reduction of traffic congestion, and distracting visual clutter which may result in danger on the public and private streets, a limitation is hereby placed on certain automobile oriented, fast service, quick turnover uses and related signage, which generate traffic in such amount and in such manner as to present the possibility of increased danger to the motoring public and other impediments to safe travel. This district is created in recognition of the need to provide suitable and sufficient road systems in the county and the need to protect existing and future highways from unsafe use.

(a)

Uses permitted by right:

(1)

All uses permitted by right in the underlying district, except those specified as conditional uses.

(b)

Conditional use permit:

(1)

All conditional uses permitted in the underlying district.

(2)

Automobile graveyard.

(3)

Automobile service facility.

(4)

Car wash.

(5)

Convenience store.

(6)

Funeral home.

(7)

Hotel or motel.

(8)

Hospital.

(9)

Recreational enterprise.

(10)

Any use which includes a drive-through facility.

(11)

Theater, arena or auditorium.

(12)

Vehicle fuel sale.

(13)

Any other uses which include drive-through facilities.

(14)

Reserved.

(c)

Requirements:

(1)

Intensity:

Maximum floor area ..... As in the underlying district

Open space ratio ..... As in the underlying district

(2)

Minimum yards:

Front*, side*, back ..... As in the underlying district

(3)

Maximum height:

Thirty (30) feet for all structures within seventy-five (75) feet of the corridor highway; all other heights shall be as in the underlying district.

(4)

Minimum lot width:

A-1, A-2, R-1, R-2, R-3, R-4, PD-1 and PD-2 ..... As in the underlying district

B-1, B-2, B-3, RBC, SC, RC, M-1, M-2, in feet ..... 200

Lot width may be reduced to one hundred (100) feet if there is a shared entrance with an adjacent property or the sole access to the corridor highway is from interparcel access through adjacent properties or a local or private access. Lots created prior to January 1, 1995, shall be exempt from the minimum lot width.

*Setback may be reduced by fifty (50) percent if in compliance with subsection 28-59(f)(10).

(Ord. No. 094-29, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-26, 6-4-96; Ord. No. 002-13, 6-18-02; Ord. No. O06-01, 6-20-06; Ord. No. O07-78, 12-18-07)

HG Historic Gateway Corridor Overlay.

The purpose of the HG district is to implement the goals of the comprehensive plan by protecting cultural resources by guiding new development along the major entrance routes to the designated areas.

(a)

Uses permitted by right:

(1)

All uses permitted by right in the underlying district.

(b)

Conditional use permit:

(1)

All conditional uses permitted in the underlying district.

(Ord. No. O05-36, 8-24-05)

HR Historic Resource Overlay.

The purpose of the HR district is to provide protection of historic resources in the county.

(a)

Uses permitted by right:

(1)

All uses permitted by right in the underlying district.

(b)

Conditional use permit:

(1)

All conditional uses permitted in the underlying district.

(Ord. No. 094-29, 8-9-94)

MZ Military Impact Zone.

The purpose of the MZ district is to provide an overlay zone to address the interaction between military facilities and surrounding land uses.

(a)

Uses permitted by right:

(1)

All uses permitted by right in the underlying district.

(b)

Conditional use permit:

(1)

All conditional uses permitted in the underlying district.

(Ord. No. 094-29, 8-9-94)

RP Reservoir Protection Overlay.

The purpose of the RP district is to provide an overlay zone which requires best management practices (BMPs) and other protective measures in areas critical to the integrity of public water supplies, rivers and streams, and other sensitive features.

(a)

Uses permitted by right:

(1)

All uses permitted by right in the underlying district.

(b)

Conditional use permit:

(1)

All conditional uses permitted in the underlying district.

(Ord. No. 094-29, 8-9-94; Ord. No. 000-41, 8-8-00)

LC Life Care/Retirement Community.

(a)

Uses permitted by-right:

Adult day care center.

Assisted living facility.

Community use.

Dwelling, independent living unit.

Nursing home.

(b)

Conditional use permits:

Place of worship.

(c)

Special exception:

Dwelling, employee.

Home occupation.

(d)

Requirements:

(1)

Intensity:

Minimum gross tract size (acres) .....20.0

Allocated density .....15.0 du/acre

Open space ratio .....0.35 ratio

(2)

Minimum yards:

Front .....35

Side .....15

Rear .....35

(3)

Maximum height .....65

(4)

Distance between buildings (feet) .....20

(Ord. No. O07-68, 10-2-07)

RDA-1 Redevelopment Area 1, Boswell's Corner:

The purpose of the RDA-1 district is to establish land-use planning and urban design standards through form-based codes that promote the creation of a pedestrian-friendly destination neighborhood at the northern gateway to the county, with a focus on development of an employment center with a mix of uses, including educational and entertainment uses, supporting retail, and higher-density residential, with architectural variety, a network of streets that may include on-street parallel parking, and recreational opportunities.

(a)

Uses permitted by right:

Bank, lending institution with no drive-through facility.

Bike station.

Carry out/café with no drive-through facility.

Center for the arts.

Conference center.

Convention center.

Day care center.

Dormitory, school.

Duplex.

Dwelling, accessory.

Dwelling, atrium house.

Dwelling, carriage house.

Dwelling, condominium.

Dwelling, lot line.

Dwelling, multifamily.

Dwelling, patio house.

Dwelling, quadruple-attached.

Dwelling, semidetached.

Dwelling, single-family.

Dwelling, three-family attached.

Dwelling, townhouse.

Dwelling, village house.

Exhibition center.

Funeral home.

High-intensity retail uses not otherwise listed.

Home business I.

Home occupation.

Hotel.

Instruction with studio.

Kiosk.

Library.

Live/work unit.

Medical, dental office.

Medical, dental clinic.

Museum.

Open, farmers market.

Parking garage/deck.

Place of worship.

Outdoor pavilion.

Professional office.

Public facilities for water/sewer pump stations and water tanks.

Public works.

Push cart.

Restaurant.

Retail uses permitted by right in the B-2 zoning district.

School.

School, college or university.

School, vocational.

Telecommunication antennas as an ancillary use to an existing building.

Theater, movie/multiplex.

Triplex.

(b)

Conditional use permit:

Automobile repair.

Convention center.

Drive-through facilities.

Hospital.

Night club.

Public facilities, except for water/sewer pump stations.

Public parking lot.

Substation.

Telecommunication facility, including as an ancillary use to an existing structure.

Vehicle fuel sales.

(c)

Requirements:

(1)

Intensity:

(2)

Refer to Tables 3.9(a), 3.9(b), 3.9(c), 3.9(d), 3.9(e), and 3.9(f) for additional intensity regulations within specific transect zones.

(Ord. No. O11-14, 6-21-11; Ord. No. O13-07, 6-4-13; Ord. No. O18-06, 12-11-18)

UD Urban Development.

(a)

Uses permitted by right: See subsection 28-39(u) for detailed uses allowed by subdistrict.

(b)

Conditional use permit:

Public parking lot.

(c)

Special exception: See subsection 28-39(u) for special exception uses allowed by subdistrict.

(d)

Requirements:

(1)

Intensity:

(2)

Refer to subsection 28-39(u) for additional intensity regulations.

(Ord. No. O12-01, 2-21-12; Ord. No. O12-13, 6-19-12; Ord. No. O13-21, 2-19-13; Ord. No. O13-07, 6-4-13)

Table 3.1(a) Standards for Transfer of Development Rights (TDR), sets forth the uses and standards for all development utilizing TDR for each zoning district in Stafford County that is permitted by article XX to serve as a receiving area.

No land or structure shall be used, occupied, or developed except in accordance with the standards set forth therein.

Table 3.1(a) Standards for Transfer of Development Rights (TDR)

A-1 Agricultural.

(a)

Uses permitted by-right:

Community use.

Equestrian use and bridle path.

Group family day care home.

Home business I.

Home occupation.

Park and playground.

Public facilities/utilities but not including generating facilities, substations, switching stations and wastewater treatment facilities which are permitted by a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Single-family dwelling.

Small family day care.

(b)

Conditional use permit:

Bed and breakfast inn.

Nursing home.

Place of worship.

Public facilities/utilities for generating facilities, substations, switching stations, and wastewater treatment plant facilities.

Recreational facility.

(c)

Special exception:

Home business II.

(d)

Requirements:

(1)

Intensity:

Maximum density ..... 2.25 du/gross acre

Open space ratio ..... 0.5

(2)

Minimum yards in feet:

Front ..... 30

Side ..... .6

Rear ..... .25

(3)

Minimum lot size ..... 6,500 s.f.

(4)

Maximum height in feet ..... 35

(5)

Minimum lot width in feet ..... 60

(Ord. No. O13-21, 2-19-13; Ord. No. O15-06, 2-24-15; Ord. No. O18-06, 12-11-18)

B-3 Office.

(a)

Uses permitted by right:

Apartment, commercial.

Bank and lending institution.

Clinic, medical and dental.

Dwelling, multifamily.

Farmers market (in accordance with subsection 38-39(v)).

Flex office.

General office use.

Low intensity commercial retail.

Medical/dental office.

Professional office.

Public facilities/utilities but not including generating facilities, substations, switching stations, and wastewater treatment facilities, which are permitted with a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Restaurant without drive-through.

School.

School, vocational.

(b)

Conditional use permit:

Child care center.

Hospital.

Hotel/motel.

Laboratory research and testing facility.

Printing, publishing, engraving.

Public facilities/utilities for generating facilities, substations, switching stations, and wastewater treatment facilities (except for the expansion or modification to a wastewater treatment facilities existing prior to October 17, 2006).

(c)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ratio ..... 1.3

Minimum open space ratio ..... 0.15

Maximum tract coverage for multifamily ..... 50%

(2)

Minimum yards: Feet

Front ..... 25

Side ..... 10

Back ..... 20

(3)

Maximum building height (in feet) ..... 90

(4)

Minimum gross tract area with TDRs ..... 10 acres

(Ord. No. O15-06, 2-24-15)

R-1 Suburban Residential.

(a)

Uses permitted by-right:

Community use.

Group family day care home.

Home business I.

Home occupation.

Multifamily dwelling.

Park and playground.

Public facilities/utilities but not including generating facilities, substations, switching stations, and wastewater treatment facilities which are permitted by a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Single-family dwelling.

Small family day care.

Townhouse.

Weak-link townhouse dwellings.

(b)

Conditional use permit:

Assisted living facility.

Nursing home.

Place of worship.

Public facilities/utilities for generating facilities, substations, switching stations, and wastewater treatment plant facilities.

Recreational facility.

Retirement housing.

(c)

Special exception:

Home business II.

(d)

Requirements:

(1)

Intensity:

Maximum density:

For multifamily dwellings ..... 14 du/acre

For townhouses ..... 6 du/acre

(Ord. No. O13-21, 2-19-13; Ord. No. O18-06, 12-11-18)

PD-1 Planned Development-1.

(a)

Uses permitted by right:

Accessory dwellings.

Atrium house dwellings.

Bakeries.

Banks/lending institutions.

Barber/beauty shops.

Clinic, medical and dental.

Commercial apartments.

Community uses.

Convenience center.

Convenience store.

Dance studios.

Drug stores.

Dry cleaners/laundries.

Duplex dwellings.

Florists.

General office uses.

Gift/antique shops.

Group family day care home.

Home business I.

Home occupation.

Lot line dwellings.

Medical/dental offices.

Multifamily dwellings.

Parks and playgrounds.

Patio house dwellings.

Places of worship.

Professional offices.

Public facilities/utilities, but not including generating facilities, substations, switching stations, and wastewater treatment facilities which are permitted by a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Recreational facilities.

Restaurants without drive-through.

Schools.

School, vocational.

Single-family dwellings.

Small family day care home.

Townhouse dwellings.

Village house dwellings.

Weak-link townhouse dwellings.

(b)

Conditional use permit:

Adult day care center.

Assisted living facility.

Clubs/lodges/fraternal organizations.

Child care centers.

Dwellings for watchmen or caretaker on-premises.

Low intensity commercial retail uses not otherwise listed.

Public facilities/utilities for generating facilities, substations, switching stations, and wastewater treatment facilities.

Restaurants with drive-through.

Retail food stores greater than ten thousand (10,000) square feet.

Retirement housing.

Theaters.

Vehicle fuel sales.

(c)

Special exception.

(d)

Requirements:

(1)

Intensity:

Allocated density TDR's ..... 12.0 du/acre

TDR developments may include:

Single-family detached dwellings and townhouses at up to ..... 6.0 du/acre

Multi-family dwellings at up to ..... 12.0 du/acre

Maximum floor area (nonresidential) ratio ..... 0.75

Open space ratio ..... 0.15

Minimum tract size ..... 20.0 ac

* For duplex structures, the minimum required side yard setback is three (3) feet, and the minimum required distance between structures is fifteen (15) feet.

** For multifamily structures, the minimum setback is thirty-five (35) feet from any public right-of-way and thirty (30) feet from any other structure.

*** For commercial uses adjacent to a nonresidential use, the minimum required side yard setback is zero (0) feet and the minimum required rear yard setback is twelve (12) feet. For commercial uses adjacent to residential use, the minimum required side yard setback is fifteen (15) feet and the minimum required rear yard setback is thirty-five (35) feet.

**** For lot line dwellings, the minimum width of any individual side yard is five (5) feet, and the minimum required distance between structures is twenty (20) feet.

(Ord. No. O13-21, 2-19-13; Ord. No. O18-06, 12-11-18)

PD-2 Planned Development-2.

(a)

Uses permitted by right:

Accessory dwelling.

Bakeries.

Banks.

Barber shops.

Commercial apartments.

Community uses.

Convenience center.

Convenience stores.

Dry cleaners/laundries.

Duplex dwellings.

Florists.

General office uses.

Gift/antique shops.

Group family day care home.

Home business I.

Home occupation.

Low intensity commercial retail.

Medical/dental offices.

Medium intensity commercial retail.

Multifamily dwellings.

Parks and playgrounds.

Places of worship.

Professional offices.

Public facilities/utilities, but not including generating facilities, substations, switching stations, and wastewater treatment facilities which are permitted by a conditional use permit and not including propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Recreational facilities.

Restaurants without drive-through facilities.

Retail food stores.

Schools.

School, vocational.

Single-family dwellings.

Small family day care home.

Townhouse dwellings.

(b)

Conditional use permit:

Adult day care center.

Assisted living facility.

Auto service centers.

Child care centers.

Clinics, medical or dental.

Clubs/lodges/fraternal organizations.

Dance halls.

Dwellings for watchmen or caretaker on-premises.

Funeral homes.

High intensity commercial retail.

Hotels/motels.

Marinas.

Public facilities/utilities for generating facilities, substations, switching stations, and wastewater treatment facilities.

Recreational enterprises.

Restaurants with drive-through.

Retail food stores greater than ten thousand (10,000) square feet.

Retirement housing.

Theaters.

Vehicle fuel sales.

(c)

Special exception.

(d)

Requirements:

(1)

Intensity:

Allocated density TDR's ..... 12.0 du/acre

TDR developments may include:

Townhouses at up to ..... 6.0 du/acre

Multifamily dwellings at up to ..... 12.0 du/acre

Maximum floor area (nonresidential) ratio ..... 0.75

Open space ratio ..... 0.20

Minimum tract size ..... 20.0 ac

* For single-family and duplex structures, the minimum required side yard setback is zero (0) feet, however, the minimum required distance between structures is ten (10) feet.

** For townhouses and multifamily structures, the minimum required side setback is zero (0) feet, however, the minimum required distance between structures is thirty (30) feet and sixty (60) feet, respectively.

*** For commercial uses adjacent to a nonresidential use, the minimum required side setback is zero (0) feet and the minimum required rear setback is twelve (12) feet. For commercial uses adjacent to a residential use, the minimum required side setback is fifteen (15) feet and the minimum required rear setback is thirty-five (35) feet.

(Ord. No. O13-21, 2-19-13; Ord. No. O18-06, 12-11-18)

P-TND Planned-Traditional Neighborhood Development.

(a)

Uses permitted by right:

Bank, lending institution with no drive-through facility.

Bed and breakfast inn, up to five (5) rooms.

Bike station.

Carry out/cafe with no drive-through facility.

Center for the arts.

Conference center.

Convention center.

Country inn, up to twelve (12) rooms.

Day care center.

Dormitory, school.

Duplex.

Dwelling, accessory.

Dwelling, atrium house.

Dwelling, attached.

Dwelling, carriage house.

Dwelling, condominium.

Dwelling, lot line.

Dwelling, multifamily.

Dwelling, patio house.

Dwelling, quadruple-attached.

Dwelling, semi-detached.

Dwelling, single-family.

Dwelling, three-family attached.

Dwelling, townhouse.

Dwelling, village house.

Exhibition center.

Funeral home.

High-intensity retail uses not otherwise listed.

Home business I.

Home occupation.

Hotel.

Instruction with studio.

Kiosk.

Library.

Live/work unit.

Medical, dental office.

Medical, dental clinic.

Museum.

Open, farmers market.

Outdoor pavilion.

Place of worship.

Professional office.

Public facilities for water/sewer pump stations and water tanks.

Public works.

Push cart.

Restaurant.

Retail uses permitted by right in the B-2 zoning district.

School.

School, college or university.

School, vocational.

Telecommunication antennas as an ancillary use to an existing building or structure.

Theater, movie/multiplex.

Triplex.

(b)

Conditional use permit:

Automobile repair.

Drive-through facilities.

Golf course, minimum of eighteen (18) holes and may include practice tees and golf driving range as an accessory use only.

Hospital.

Motel.

Public facilities, except for water/sewer pump stations and propane and heating fuel distribution facilities.

Substation.

Telecommunication facility.

Telecommunication facility other than antennas which are ancillary to an existing building or structure.

Vehicle fuel sales.

(c)

Requirements:

(1)

Intensity:

Minimum gross tract area/acres ..... 20.0 ac.

Allocated density, gross tract ..... 12.0 du/acres

Open space ratio, gross tract ..... 0.20

(2)

Refer to tables 3.5(a), 3.5(b), 3.5(c), 3.5(d), 3.5(e), 3.5(f), and 3.5(g) for additional intensity regulations within specific transect zones.

(Ord. No. O13-21, 2-19-13; Ord. No. O18-06, 12-11-18)

UD Urban Development.

(a)

Uses permitted by right: See subsection 28-39(u) for detailed uses allowed by subdistrict.

(b)

Conditional use permit: See subsection 28-39(u) for conditional uses allowed by subdistrict.

(c)

Special exception: See subsection 28-39(u) for special exception uses allowed by subdistrict.

(Ord. No. O13-21, 2-19-13)

ICTP Integrated Corporate and Technology Park Overlay.

The purpose of the ICTP district is to promote the integration of uses to facilitate the growth and development of large-scale corporate office and technology parks. Such parks have the need for and shall include integrated uses such as Class A office space, hotel space for corporate clientele, supporting retail services, data centers, child care, and multifamily housing for employees working in the district and nearby area. Such districts shall be designed to accommodate at least four hundred thousand (400,000) square feet of existing corporate office space for services such as engineering, security, computer systems development, computer software development, education, and research and development.

(a)

Uses permitted by right:

Bank and lending institution.

Child care center.

Clinic, medical and dental.

Convention facility.

Dance studio.

Data and computer service centers.

Drug store.

Flex office.

General office.

Hotel.

Light manufacturing.

Low intensity commercial retail.

Medical/dental office.

Medium intensity commercial retail.

Printing, publishing, engraving.

Professional office.

Public facilities/utilities not including wastewater treatment facilities, and propane and heating fuel distribution facilities.

Public works excluding wastewater treatment facilities.

Restaurant.

School.

School, vocational.

(b)

Conditional use permit:

Hospital.

Multifamily dwellings.

(c)

Special exception:

Adult day care.

Microbrewery.

(d)

Requirements:

(1)

Intensity: Ratio

Maximum floor area ratio ..... 1.0

Open space ratio ..... 0.2

(2)

Minimum yards: Feet

Front ..... 40

Side ..... 25

Back ..... 25

(3)

Minimum height (in feet) for primary buildings ..... 40

(4)

Maximum height (in feet) ..... 80

(5)

Maximum residential density ..... 24 du/acre

(Ord. No. O17-03, 5-2-17)