§ 27-546.13. Development Plan.

(a)

General.

(1)

The Development Plan will create a flexible framework for reviewing and approving future development in the M-U-TC Zone. The regulations and graphic representations embodied in the Plan should protect existing community characteristics that are critical to the conservation of the Town Center's character. The Development Standards and Guidelines adopted in the Plan are intended to be flexibly applied and broadly interpreted to promote local revitalization efforts.

(2)

The Development Plan shall consider the evolution of development regulations and the existing development character and create more appropriate standards and development guidelines that will encourage investment that supports the purposes of the zone.

(3)

Buildings legally existing at the time a rezoning to the M-U-TC Zone is approved are considered to be legally existing, and shall not be considered to be nonconforming. Any expansion or exterior alteration is subject to the Town Center Development Plan.

(4)

Any existing use which has a valid permit issued prior to the approval of a rezoning to the M-U-TC Zone shall be considered a permitted use, and shall not be considered nonconforming, provided the use has not changed to a different use since issuance of the permit. This provision shall apply only to the property which was the subject of the original permit.

(b)

The Town Center Development Plan shall include, at a minimum, the following:

(1)

A description of the area within the Town Center, including a location map showing the boundaries of the Zone (with north arrow and scale) and a description of the existing improvements within those boundaries;

(2)

Existing zoning and use of properties within and adjacent to the M-U-TC Zone;

(3)

Existing and proposed right-of-way widths of internal and adjoining streets;

(4)

An inventory of existing development characteristics, which may include the following:

(A)

Building:

(i)

Height;

(ii)

Width;

(iii)

Setbacks;

(iv)

Roof shape;

(v)

Construction materials;

(vi)

Color;

(vii)

Distribution of windows/door openings;

(viii)

Architectural style, details, and ornamentations;

(B)

Signs:

(i)

Number;

(ii)

Lighting;

(iii)

Location (building, roof, freestanding);

(C)

Awnings and canopies:

(i)

Location;

(ii)

Width;

(iii)

Materials;

(D)

Mechanical equipment:

(i)

Visibility from roads and adjacent properties;

(E)

Parking/circulation:

(i)

View from the road;

(ii)

Paving materials and striping;

(iii)

Landscaping;

(iv)

Crosswalks;

(v)

Sidewalks;

(vi)

Pedestrian alleys;

(F)

Streetscape:

(i)

Furniture;

(ii)

Landscaping;

(iii)

Signs;

(iv)

Monuments and art.

(5)

Development Standards and Guidelines shall be established to manage the physical development and use of land in the M-U-TC Zone. These Development Standards and Guidelines may include the following and any other elements deemed necessary:

(A)

Setbacks;

(B)

Proportion;

(C)

Height;

(D)

Roofs;

(E)

Rear entrance;

(F)

Awnings and canopies;

(G)

Utility areas and mechanical equipment;

(H)

Architectural detailing;

(I)

Fenestration:

(i)

Facade openings;

(ii)

Windows;

(iii)

Blank walls;

(J)

Materials;

(K)

Color;

(L)

Lighting;

(M)

Sidewalks and pedestrian places.

(c)

The Development Plan shall include minimum and maximum Development Standards and Guidelines, as necessary, to regulate parking and loading schedules and design standards, sign design standards, and landscaping and screening standards.

(d)

The Development Plan shall contain both a written explanation and graphic representations of Development Standards and Guidelines, including a recitation of the specific activities constituting routine maintenance or repairs, as defined in Section 27-107.01(b)(204.1). For Development Plans approved prior to January 1, 2015, the definition set forth in Section 27-107.01(b)(204.1) shall apply, notwithstanding any provision set forth in the approved Development Plan, unless otherwise modified through approval of a secondary amendment in accordance with Section 27-546.14 of this Code.

(e)

The Development Plan may include specific findings and criteria for uses permitted as a Special Permit in the Use Table. Such findings shall generally be limited to site planning issues not otherwise found in the Development Plan.

(f)

The Development Plan may create a local design review committee to advise the Planning Board and District Council during review of Special Permits, Special Exceptions, site plans, and other proposals.

(g)

If a local design review committee is created, the Development Plan shall, at a minimum, define the committee membership, minimum and maximum review time frames, and the extent of the Committee's review responsibilities.

(CB-2-1994; CB-2-2015)