§ 1.03.00. Guide for users.

1.03.01

The integration of land development regulations.

(1)

This integrated Land Development Code was enacted to replace the land development regulations that had been adopted piecemeal over the years and were thus scattered throughout the local Code of Ordinances. These scattered regulations lacked coordination and were difficult to find, administer and understand. The replacement of these scattered regulations with an integrated land development code should greatly enhance the efficiency and effectiveness of land development regulation by the town.

(2)

An integrated Code, such as this one, may appear to be missing certain parts. For example, there is not a separate part of the Code labeled "subdivision regulations." That is because the regulations relating to subdivisions are essentially the same as those relating to other developments. Thus, stormwater requirements for all development, including subdivisions, are found in the division labeled "stormwater management;" tree planting requirements are found in the "landscaping" division, and so forth.

(3)

Likewise, there is no division labeled "planned unit development." The distinction between PUD developments and others may be eliminated in an integrated Land Development Code. Under this Land Development Code, all development is treated as only planned unit developments were in the past. Thus, all commercial development, and all residential development except the building of a dwelling on a lot of record, must go through a review process similar to that used for planned unit developments. Also, the flexible site design criteria formerly reserved for planned unit developments are now applied to all developments.

(4)

In short, this Land Development Code establishes a single set of site design criteria and development review procedures. This integration results in a different layout and an unfamiliar table of contents, but should, as familiarity with the code increases, result in a much more streamlined and effective land development regulatory system.

1.03.02

Checklist for preparation and review of development proposals. Every attempt has been made to make this Land Development Code as easy as possible for interested citizens, developers and local government staff to use. The articles are arranged in an order that reflects the process by which a developer would start with a parcel of land and conclude with an approved development. This same ordering provides a checklist approach for interested citizens and staff who are reviewing a proposed development for compliance with code requirements. The ordering and checklist are as follows:

ARTICLE I. GENERAL PROVISIONS

This article contains general provisions necessary to determine the applicability of the Code, and to ensure the Code's legal validity. Section 1.02.00, "applicability," establishes which development must comply with the requirements of this Land Development Code. Certain development activities are not covered if they are authorized by previously approved development plans. Thus, an initial question is whether proposed development activity is covered by this Land Development Code or by rules in effect prior to the adoption of this Land Development Code.

Once a determination is made that this Land Development Code applies, this user's guide should be reviewed in order to gain an understanding of how the Code works. The remainder of this article need not be reviewed unless a question of intent, interpretation or validity of a regulation arises.

ARTICLE II. LAND USE: TYPE, DENSITY AND INTENSITY

The first question regarding the development of any site is what use, and what density or intensity of that use, is allowed on the site. Article II provides the answer to this question. The following is a checklist of provisions that should be consulted with regard to a development proposal:

In what land use district is the development site located? See section 2.01.00.

What uses are allowed in that district? See subsections 2.02.01 through 2.02.03.

If a residential development is to be proposed, what is the allowable density (dwelling units per acre)? See subsection 2.02.04.

If a commercial development is to be proposed, what is the allowable intensity (floor area ratio) of the development? See subsection 2.02.05.

Is the development eligible for density or intensity bonuses? See section 2.03.00.

ARTICLE III. OVERLAY AND FLOATING ZONES

Once the use, and its intensity and density, have been determined for a site, it must be determined whether the site is within an overlay district. For example, if the site is within a historic district, certain added development restrictions will apply. This article contains all overlay districts that might affect a site. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Is the site a historic landmark or within a designated historic district? See section 3.01.00.

Does the proposed development activity involve the construction of a house in an existing subdivision? See the Infill Development Standards in section 3.02.00.

ARTICLE IV. CONSISTENCY AND CONCURRENCY DETERMINATIONS

The final question to be answered with regard to whether the use, and density or intensity of that use, is appropriate for the site is whether the consistency and concurrency requirements are met. The purpose of article IV is to ensure that proposed development is consistent with the local comprehensive plan.

Because the land development code is required to implement the comprehensive plan, it may be reasonable to assume that all development that conforms to all provisions of the land development code is consistent with the comprehensive plan.

No presumption may be created, however, for that form of consistency referred to as concurrency. In order for the concurrency requirement to be met, each development proposal must show that adopted levels of service for certain public facilities and services will not be degraded by the impact of the development. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Is the development (except for concurrency) consistent with the comprehensive plan? See section 4.01.00.

Is the general concurrency requirement met? See division 4.02.00 specifically:

Will the proposed development use potable water? See section 4.03.01.

ARTICLE V. RESOURCE PROTECTION STANDARDS

Once the use, and the density and intensity of that use, is determined for a site, the next question is whether any portions of the site must remain totally or partially free of development activity. This article prescribes those areas and the restrictions that apply within them. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Does the site contain protected trees, or a canopy road, as defined in the Code? See division 5.01.00.

Does the site contain wetlands, or other environmentally sensitive lands described in the comprehensive plan? See division 5.02.00.

Is the site near a protected wellhead, as defined in the Code? See division 5.03.00.

Does the site contain habitat of threatened or endangered species? See division 5.04.00.

Does the site contain land in the 100-year floodplain? See division 5.05.00.

Does the site contain open spaces? See division 5.06.00.

Division 5.08.00 should be examined for other restrictions on developments.

Stormwater permit requirements are at section 12.04.02(d) and pertain to any change in a property as well as new development activities.

Is the site located on a lake or canal? See section 5.05.03 and division 5.06.00.

ARTICLE VI. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS

Once the developable portions of the site have been determined, the next question is how the actual development will be designed and what improvements will be required. This article contains standards, which have been made as flexible as possible, for controlling the design of the development so that maximum public benefit is realized. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Will the development involve the subdivision of land? See section 6.01.01 for minimum lot area requirements and section 12.02.12 for platting procedures.

Will the development contain buildings or other impervious surfaces? See section 6.01.02 for impervious surface coverage requirements.

Will the development contain buildings or other structures? See section 6.01.03 for building setback requirements and section 6.01.04 for height requirements.

Will the development contain streets, parking or other vehicle use areas?

See sections 6.02.02, 6.02.03 and 6.02.04 for street layout, design and right-of-way requirements.

See section 6.02.05 transit stop requirements.

See section 6.02.06 for sidewalk and bikeway requirements.

See section 6.02.07 for access requirements.

See section 6.02.08 for standards relating to drive-up facilities.

See division 6.03.00 for off-street parking and loading requirements.

See division 6.06.00 for landscaping requirements.

Will the development involve the installation of utilities? See division 6.04.00 for installation and design standards

Will the development affect the quality or quantity of stormwater runoff from the site? See division 6.05.00 for stormwater management requirements.

Is the development adjacent to a street or use such that a buffer must be provided? See section 6.06.02 for buffer requirements.

Verify if any supplemental requirements in division 6.07.00 apply.

ARTICLE VII. ACCESSORY STRUCTURES AND USES

Article VII creates the standards for the creation, placement and construction of accessory structures or uses. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Are pool and air conditioner accessory structures to be in a yard? See section 7.02.08.

Is a satellite dish antenna to be installed? See section 7.02.01.

Is a storage building, utility building, or greenhouse to be installed? See section 7.02.02.

Is a swimming pool, hot tub or similar structure to be installed? See section 7.02.03.

Is a fence to be installed? See section 7.02.04.

Is a boathouse or dock to be installed? See section 7.02.05.

Is an accessory apartment to be created? See section 7.02.07.

Is a playset or sport court to be created? See section 7.02.09.

Is a home occupation to be started? See section 7.03.01.

ARTICLE VIII. SIGNS

Article VIII provides standards and prohibitions relating to signs. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Exempt signs are listed at section 8.01.00.

Prohibited signs are listed at division 8.02.00.

Regulations relating to temporary signs are at division 8.03.00.

Regulations relating to permanent accessory signs are at division 8.04.00.

Outdoor advertising signs are prohibited in division 8.05.00.

The way in which measurement determinations, e.g. sign height and size, are made is covered in division 8.06.00.

Regulations relating to the design, construction, location and permit requirements of signs are in section 8.07.00.

ARTICLE IX. OPERATIONAL PERFORMANCE STANDARDS

Article IX provides standards governing certain potentially noxious aspects of the ongoing use of development. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Will the development create an exceptional amount of noise? See section 9.01.00.

Will the development create an exceptional amount of vibration? See division 9.02.00.

Will the development create air pollution? See section 9.03.00.

Will the development create an exceptional amount of odor? See section 9.04.00.

Will the development create a risk of fire or explosion? See section 9.05.00.

Will the development create a risk of electromagnetic interference? See section 9.06.00.

Will glare or heat problems arise? See section 9.07.00.

Will sewage and waste be created? See section 9.08.00.

ARTICLE X. HARDSHIP RELIEF

Article X provides several avenues for seeking relief from requirements in this Land Development Code that create an undue hardship. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Is the development an existing development that does not conform to the use regulation in article II and/or the development design and improvement standards in article VI? See division 10.01.00.

With regard to proposed development, is relief sought from the strict application of a development design standard? See division 10.02.00.

With regard to proposed development, is relief sought from the resource protection standards through the use of clustering? See section 10.03.02.

ARTICLE XI. BOARDS AND AGENCIES

At this point in the Code, all substantive provisions relating to the use and design of a development site have been covered. If the decision to proceed with development is made, the procedures for development review in article XII must be followed. First, however, one should become familiar with the boards and agencies involved in that review. Article XI establishes and describes the following boards and agencies:

Land planning agency. See division 11.01.00.

Administration (town manager) See division 11.02.00.

Technical review committee. See division 11.03.00.

Development review board. See section 11.04.02.

Historic preservation board. See section 11.04.03.

Special magistrate. See section 11.06.00.

Recreation board. See section 11.04.04.

ARTICLE XII. ADMINISTRATION AND ENFORCEMENT

(a)

This article sets out the procedures for making land use decisions. Most importantly, it sets out the procedures for reviewing development plans to determine their compliance with Code requirements. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Is the proposed activity "development," as defined in the Code? See section 12.00.03.

If the proposed activity is development, must a development plan showing the proposed development be approved prior to the issuance of a construction permit? See division 12.01.00.

If a development plan is not required, see division 12.04.00 for issuance of development permits.

If a development plan is required, is the proposed development a minor development or a major development. See section 12.02.02. See also, the submittal requirements at section 12.02.11.

If the proposal is a minor development, follow the review procedures at sections 12.02.02, 12.02.03 and 12.02.04.

If the proposal is a major development, follow the review procedures at sections 12.02.02, 12.02.03 and 12.02.05.

If the development is to be built in phases, see section 12.02.06.

If the development proposal involves platting, see section 12.02.12.

If the development proposal requires an amendment to the comprehensive plan or land development code, see division 12.05.00.

If an appeal of a decision by the town manager, or by the development review board, is sought, see division 12.06.00.

(b)

The Section 1.03.03 flow charts showing the development review process for major and minor developments are on file in the town clerk's office.

(Ord. No. 91-6, § 3(1.03.01, 1.03.02), 2-11-1992; Ord. No. 2016-01, § 6, 7-12-2016)