(A) Intent. The Shirley Overlay District is established to streamline the development review process within the Town of Shirley while promoting the health, safety and general welfare of its citizens and preserving the town's historic character.
(B) Applicability. The Shirley Overlay District shall apply to all areas within the incorporated limits of the Town of Shirley. The district, unless otherwise noted, shall apply to all public, private, and institutional development.
(C) Land use. All uses permitted in the underlying zoning district(s) are permitted in the Shirley Overlay District. All uses that are special exceptions in the underlying zoning district(s) are special exceptions in the Shirley Overlay District. Within the Town of Shirley, residential storage structures may be permitted as a primary use, subject to Board of Zoning Appeals approval of a special exception, in a residential zoning district pursuant to the following requirements:
(1) The structure shall be for the sole purpose of storing the owner's or tenant's personal property.
(2) The structure shall be located on a lot or parcel that is under the same ownership as the principal residence.
(3) The structure shall be located on a lot or parcel that is adjacent to the principal residence. The lot or parcel may be separated from the principal residence by not more than one street or alley.
(4) The structure shall be designed and built to conform to the architectural standards referenced in division (E) below.
(5) The quantity of such structures on the lot or parcel shall not exceed one.
(6) The maximum cumulative storage area on the lot or parcel shall not exceed 1,000 square feet.
(D) Development standards. All development within the Shirley Overlay District shall comply with the following development standards. Under conditions where a strict interpretation of the design and development standards cannot be met, a modification to the development plan may be considered to maintain the spirit rather than the letter of the law. In addition, developments with distinct and unique architectural designs may be considered. In cases where the Planning Director cannot agree with said modifications, then variances to the standards may be sought through a petition to the Hancock County Board of Zoning Appeals.
(1) Review. Plans for construction and development within the Shirley Overlay District shall be reviewed and approved by the Shirley Town Manager (or designee) and Hancock County Plan Commission Director prior to issuance of an improvement location permit.
(2) Streets. Public streets and alleys shall be designed to the standards set forth by the town as approved by the Town Manager. If a town thoroughfare plan exists, then the streets and alleys shall be designed to the standards set forth in the town thoroughfare plan within the town's jurisdiction.
(E) Residential development standards.
(1) Setbacks.
(a) Front. Not withstanding the lot standards of the zoning chapter, the minimum front yard building setback for properties in the Residential R3.5 zoning district shall be either:
1. Thirty-five feet within which a balcony or porch may encroach 15 feet resulting in a 20-foot setback; or
2. The average of front yard setbacks for buildings on the same side of the street within 200 feet, whichever is less.
(b) Side. Not withstanding the lot standards of the zoning chapter, the minimum side yard building setback for properties in the Residential R3.5 zoning district shall be either:
1. Consistent with the zoning chapter; or
2. The average of side yard setbacks for buildings on the same side of the street within 200 feet, whichever is less.
(c) Rear. Notwithstanding the lot standards of the zoning chapter, the minimum rear yard building setback for properties in the Residential R3.5 zoning district shall be either:
1. Consistent with the zoning chapter; or
2. The average of rear yard setbacks for buildings on the same side of the street within 200 feet, whichever is less.
(2) Entries. Balconies or porches encroaching into a front yard building setback shall not be enclosed.
(3) Minimum lot area. The minimum lot area in the R3.5 zoning district shall be 4,800 square feet.
(4) Minimum lot width. The minimum lot width in the R3.5 zoning district shall be 40 feet.
(F) Non-residential development standards.
(1) Architectural.
(a) Scale and massing. One-story buildings along the street elevation shall incorporate architectural elements such as three-dimensional cornices, dormers, windows, and parapet walls to provide the illusion of an additional one-half to one story.
(b) Setbacks.
1. Front. Notwithstanding the lot standards of the zoning chapter, the minimum front yard building setback for non-residentially zoned properties shall be equal to the average setbacks for buildings on the same side of the street within 100 feet. Where there are no such buildings, then the minimum front yard setback shall conform to the zoning chapter.
2. Side. Notwithstanding the lot standards of the zoning chapter, the minimum side yard building setback for non-residentially zoned properties shall be equal to the average setbacks for buildings on the same side of the street within 100 feet. Where there are no such buildings, then the minimum side yard setback shall conform to the zoning chapter.
(c) Facades.
1. Architecture. The street level facade shall be at least 60% transparent to discourage blank unarticulated facades. The rear elevation of the building shall be consistent in finish with the front facade of the building; however, the high degree of architectural detailing and articulation seen on the front shall not be required.
2. Materials. All siding for non-residential buildings shall consist of natural materials such brick or face tile, native stone, wood, fiber cement plank siding, decorative precast panels, E.I.F.S. decorative metal panels, stucco, non-reflective glass, tinted and/or textured concrete masonry units (such as split face block and burnished block), or a combination of these materials. Finished building materials shall not include the use of vinyl siding, smooth-faced concrete block, untextured smooth-faced tilt-up panels, or standing seam metal panels.
(d) Entries. Entryways for non-residential buildings shall be clearly defined and contain such features as canopies, porticos, arcades, raised corniced parapets, arches, awnings, integral planters, etc.
(e) Roofs. Roofs for non-residential buildings shall have at least two of the following features:
1. Parapets. Parapets shall not exceed 30% of the height of the supporting wall and must conceal flat roofs.
2. Cornice. Cornices shall be three dimensional.
3. Eaves. Eaves and overhangs shall be a minimum of one foot (12 inches) past the supporting walls.
4. Cupolas.
5. Dormers.
6. Roof pitch. Roof pitch shall be a minimum of 5:12 pitch on a sloped roof.
7. Minimum nine-inch eave overhangs.
(f) Service areas. Delivery service areas for non-residential development shall employ walls or landscaping to screen views from public roads.
(g) Mechanical equipment. Ground, building and roof-mounted mechanical equipment for non-residential development shall be screened from view. Landscaping, fences, walls, and parapet walls on roofs shall be used for such screening from public roads.
(2) Parking. The provision of off-street parking spaces shall not be required within the Shirley Overlay District.
(3) Landscaping. A premium shall be placed on the preservation of existing mature plant material and credit shall be given towards in-kind required landscaping. Landscaping shall be installed and maintained in accordance with the zoning chapter.
(4) Lighting. Decorative lighting shall be installed and maintained for streets, parking lots, and non-residential developments in accordance with the zoning chapter.
(5) Signage.
(a) The scale, colors and materials of signs shall be consistent with existing development.
(b) Signs shall be visible to both motorists and pedestrians.
(c) No signage illumination shall be so designed, located, or directed to cast glare or direct light onto adjacent public roadways.
(d) Signage shall comply with the requirements of the zoning chapter.
(Ord. 2014-8C, passed 8-5-14; Am. Ord. 2021-7A, passed 7-20-21)