(A) Overlay Districts will impose additional restrictions on top of the existing requirements of the underlying General Use District.
(B) Each district described below constitutes an Overlay District.
(1) Buckeye Creek Water Supply Watershed WS II. WS II is an overlay district as shown on the official Zoning Map primarily intended to maintain a predominantly undeveloped land use intensity pattern. Single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per acre on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 12% built-upon area, where permitted. In addition, commercial uses may occupy 5% of the balance of the watershed with a 70% built-upon area when approved as a special, non-residential intensity allocation (SNIA). The Zoning Administrator is authorized to approve SNIA’s consistent with the provisions of this chapter. Projects must minimize built-upon surface area, direct storm water away from surface waters and incorporate Best Management Practices to minimize water quality impacts. 1 Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which poses a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality. 2
(2) Buckeye Creek Water Supply Watershed Critical Area WS II C. WS II C is an overlay district as shown on the official Zoning Map intended to maintain a predominantly undeveloped land use pattern. Because of the district’s proximity to a water supply intake, single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per two acres on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 6% built-upon area where permitted. 3 Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which poses a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality. 4
(3) Pond Creek Water Supply Watershed Critical Area WS-II-C. WS-II-C-is an overlay district as shown on the official Zoning Map primarily intended to maintain a predominantly undeveloped land use intensity pattern. Because of the district's proximity to a water supply intake, single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per two acres on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 6% built-upon area where permitted. Landfills and sites for the land application of residuals or petroleum contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which pose a threat to water quality or the public health, safety, or welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper management of stormwater runoff or any other situation found to pose a threat to water quality.
(4) Pond Creek WS-II. WS-II is an overlay district as shown on the official Zoning Map primarily intended to maintain a predominantly undeveloped land use intensity pattern. Single-family uses, where permitted, shall be allowed at a maximum of one dwelling unit per acre on a project by project basis. All other residential and non-residential development shall be allowed a maximum of 12% built-upon area, where permitted. In addition, commercial uses may occupy 5% of the balance of the watershed with a 70% built-upon area when approved as a special, non-residential intensity allocation (SNIA). The Zoning Administrator is authorized to approve SNIA's consistent with the provisions of this chapter. Projects must minimize built-upon surface area, direct storm water away from surface waters and incorporate best management practices to minimize water quality impacts. Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in the district. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which pose a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality.
(5) Pond Creek WS-III. In order to maintain a low to moderate land use intensity, single family detached uses shall develop at a maximum of two dwelling units per acre (2 du/ac). All other residential and non-residential development shall be allowed at a maximum of 24% built-upon area. In addition, new development and expansions to existing development may occupy 10% of the balance of the watershed area with up to 70% built-upon area when approved as a special intensity allocation (SIA). The Zoning Administrator is authorized to approve SIAs consistent with the provisions of this division (B)(5). Projects must, to the maximum extent practicable, minimize built-upon surface area, direct storm water away from surface waters and incorporate best management practices to minimize water quality impacts.
(6) Commercial Thoroughfare Overlay District. The commercial corridor for the town is an area predominantly used for retail, restaurants, inns and other commercial establishments in which the public is typically invited and welcomed to use and enjoy the space. This area is also the face the town puts on to the public, being the area that visitors and guests are exposed to first, and the area from which their impressions about the town are generated. Good design in this area will increase the value of the town’s properties as a whole, and promote the town’s goal as a resort destination. Therefore, this area has a need to ensure design characteristics that are harmonious with the town’s vision for the community and that enhance the quaint, mountain-town character. Accordingly, an overlay district has been established in which design regulations are applicable in addition to regulations of the underlying base district. Where provisions of this Overlay District are found to be in conflict with the underlying base zoning district, the more stringent regulations shall apply. Architectural standards for development in the Commercial Thoroughfare Overlay District are found in §§ 154.120 et seq.
(C) Other. Landfills and sites for the land application of residuals or petroleum-contaminated soils are prohibited in all the watershed districts.
(D) Conditions that pose a threat to waterways. No activity, situation, structure or land use shall be allowed within the WS-II and WS-II-C water supply watersheds which poses a threat to water quality or the public health, safety and welfare. Such conditions may arise from (for example) inadequate on-site sewage systems, inadequate sedimentation and erosion control measures, the improper storage or disposal of junk, trash or other refuse within a buffer area, the improper management of storm water runoff or any other situation found to pose a threat to water quality.
(1989 Code, Title V, Ch. 51, Art. VII, §§ 700 and 704) (Ord. passed 7-27-1988; Ord. passed 9-8-1993; Ord. passed 7-11-1995; Ord. passed 2-9-1999; Ord. passed 12-14-1999; Ord. passed 11-5-2002; Ord. passed 9-11-2006; Ord. passed 1-9-2007; Ord. passed 2-5-2007; Ord. passed 11-9-2010; Ord. 2014-05, passed 12-9-2014; Ord. 2018-07, passed 5-14-2018; Ord. 2019-01, passed 2-11-2019; Ord. 2021-03, passed 6-8-2021)
Editor’s note:
1 Subdivision added September 8, 1993.
2 Amended December 14, 1999.
3 Subjection added by amendment September 8, 1993.
4 Amended December 14, 1999.