§ 8-3.3.2 General and Conditional Districts.
   (A)   Open Space Residential District (OSR and OSR-CD).
      (1)   Intent. The Open Space Residential District is provided to encourage the development of compact residential neighborhoods that set aside significant natural vistas, parkland and landscape features and other rural heritage features for permanent conservation. The density of development is regulated based upon the amount of open space which is preserved.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   Development in the Open Space Residential District shall meet the general dimensional requirements listed in § 8-3.3.4.
         (b)   A minimum of 15% of the total area of all new subdivisions shall be set aside as permanent open space. No open space is required for development of existing lots of record.
         (c)   Permitted density may be increased from two units per acre if open space is increased. For each 1% of open space exceeding the required 15%, the number of units in the project may be increased by 1% up to a maximum of three units per acre. For example, in a 100-acre development, the following options are available:
 
Project Area
Overall Maximum Density in DU/A
Percent Open Space
Maximum Dwelling Units
Minimum Lot Size
Minimum Lot Width
100 Ac.
2.0
15%
200
N/A
N/A
100 Ac.
2.2
25%
220
N/A
N/A
100 Ac.
2.4
35%
240
N/A
N/A
100 Ac.
2.6
45%
260
N/A
N/A
100 Ac.
2.8
55%
280
N/A
N/A
100 Ac.
3.0
65%
300
N/A
N/A
 
         (d)   Open space shall meet the requirements of § 8-3.5.
   (B)   General Residential District (GR and GR-CD).
      (1)   Intent. The General Residential District is hereby created to permit the completion and conformity of conventional residential subdivisions already existing or approved in sketch plan form by the Town Board prior to the effective date of these regulations or by the County Board of Commissioners under the prior jurisdiction of the county. The application of the General Residential District is not intended for development projects in the town's jurisdiction which were initiated after 12-7-1999 (the date of original adoption of this District).
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
         (b)   Development density, amount and location of open space, arrangement of streets and lots, yard dimensions and access to existing roads shall be controlled by the most recently approved subdivision plan (sketch, preliminary or plat). Any modifications to an approved subdivision plan shall maintain the density of the original plan.
         (c)   Developments in the General Residential District which are approved but not yet built are permitted minor modifications through the administrative process; the developments, if redesigned, must conform to all of the requirements of this article for the GR District or may petition for a district change according to § 8-3.9.
   (C)   Neighborhood Residential District (NR and NR-CD).
      (1)   Intent. The Neighborhood Residential District is intended to provide for residential infill development surrounding the traditional town center and its logical extensions. A range of housing types is encouraged and it is envisioned that low-intensity business activity will accompany residential development and will be located in mixed use buildings designed and constructed at a residential scale.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards. All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
   (D)   Neighborhood Center District (NC and NC-CD).
      (1)   Intent. The Neighborhood Center District is provided to allow for the location of shops, services, small workplaces, civic and residential buildings central to a neighborhood or grouping of neighborhoods and within walking distance of dwellings.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
         (b)   In major subdivisions and planned developments, the aggregate number of dwelling units contained in apartment buildings and mixed use buildings shall not exceed 50% of the total number of dwelling units in a project.
         (c)   The maximum radius of a neighborhood center shall be one-fourth mile.
   (E)   Town Center District (TC and TC-CD).
      (1)   Intent. The Town Center District is established to encourage revitalization, reuse and infill development in the traditional town center. A broad array of uses is expected in a pattern which integrates shops, restaurants, services, work places, civic uses, educational and religious facilities and higher density housing in a compact, pedestrian-oriented environment. The District anchors the surrounding residential neighborhoods while also serving the broader community. The District is intended to accommodate a higher overall intensity of development required to support a revitalized downtown core. It is to be expected that the Town Center District will be expanded over time through the zoning change process to meet growth in the demand for downtown facilities and services.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards. All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
   (F)   Highway Commercial District (HC).
      (1)   Intent. The Highway Commercial District is established to provide for auto-dependent uses in areas not amenable to easy pedestrian access. It is expected that the Highway Commercial District will serve not only the town's community, but the general region as well. Because of the scale and access requirements of uses in this category, they often cannot be integrated within the Town Center or Neighborhood Center Districts.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
         (b)   Any lot requested for rezoning to the Highway Commercial District shall be contiguous to an existing HC District or shall have direct access to a major thoroughfare.
   (G)   Traditional Neighborhood Development District (TND and TND-CD).
      (1)   Intent. The Traditional Neighborhood Development District is established to provide for the development of new neighborhoods and the revitalization or extension of existing neighborhoods, which are structured upon a fine network of interconnecting pedestrian oriented streets and other public spaces. The characteristics of a TND development include a mixture of housing types and prices, prominently sited civic or community building(s) and stores, offices and workplaces that provide a balanced mix of activities. Church and pre-school/elementary school facilities are encouraged. Furthermore, a TND development has a recognizable center and clearly defined edges.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4. There is no minimum lot size for the TND District. Lot sizes shall be determined on a case-by-case basis and will depend on the design of the development and the types of uses proposed.
         (b)   All TND projects shall be a minimum of 35 acres and a maximum of 200 acres in size. All proposals shall conform to these size requirements except that proposals for tracts of less than 35 acres adjoining existing TND developments or the Town Center District may be considered as long as they demonstrate that they are, in function and design, an extension of the existing TND or Town Center District and that the addition of the tract will not cause the overall size of the TND to exceed 200 acres.
         (c)   The area of the TND shall be divided into blocks, streets, lots and open space.
         (d)   There shall be a substantial mix of housing types; however, no TND shall be comprised of more than 65% multi-family housing.
         (e)   Similar land uses shall front across each street. Dissimilar categories shall abut at rear lot lines.
         (f)   All neighborhoods within a TND development shall have identifiable centers and edges.
         (g)   No residential development shall lie more than one-fourth mile from retail facilities.
         (h)   Civic buildings shall be given prominent sites throughout the development.
         (i)   All uses shall be conducted completely within enclosed buildings, except that sidewalk sales, cafes and open-air markets shall be permitted.
         (j)   All streets and alleys shall terminate at other streets or alleys (i.e., cul-du-sacs and dead end streets shall not be permitted).
         (k)   Each residential neighborhood shall contain at least one square, park or other form of open space no smaller than one acre and no greater than three acres. No portion of the neighborhood shall be more than 600 feet from the open space.
         (l)   A minimum of 5% and a maximum of 15% of the gross land area of each neighborhood in the development shall be designated for office uses. A minimum of 1% of the land area of each neighborhood in the development shall be designated for civic uses (e.g., community buildings, meeting halls, libraries, post offices, schools, child care centers, clubhouses, religious buildings, recreational facilities, museums, town buildings and similar uses). A minimum of 2% and a maximum of 30% of each neighborhood in the development shall be designated for street level retail uses.
   (H)   Campus Institutional District (CI and CI-CD).
      (1)   Intent. The Campus Institutional District is established to provide for large institutional complexes which are already in place and for large new institutional complexes that, because of the scale of the buildings or the nature of the use, cannot be fully integrated into the fabric of the community. The Districts are intended primarily for existing institutions, as most new institutional projects can and should be designed to fit within the fabric of one of the other town districts. The Campus Institutional District is reserved for uses which require very large buildings and/or large parking and loading facilities such as hospitals and community colleges.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
         (b)   The interior of new campus developments shall be laid out along a new or established street pattern and shall maintain well defined open space to give prominence to important structures and allow for assembly and pedestrian circulation.
         (c)   Requests for rezonings to this District shall be for tracts or development sites of no less than fifteen acres in size.
   (I)   Campus Business District (CB and CB-CD).
      (1)   Intent. The Campus Business District is established to provide for large business, excluding retail or light industrial parks which are already in place and for new business or light industrial complexes on large tracts that, because of the scale of the buildings or the nature of the use, cannot be easily integrated into one of the other zoning districts. The Campus Business District is reserved for uses which require very large buildings and/or large parking and loading facilities such as warehouse and distribution operations.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
         (b)   The interior of new campus developments shall be laid out along a new or established street pattern and shall maintain well defined open space to give prominence to important structures and allow for assembly and pedestrian circulation.
         (c)   Requests for rezonings to this District shall be for tracts or development sites of no less than 15 acres in size.
   (J)   Special Purpose District (SP and SP-CD).
      (1)   Intent. The Special Purpose District is established to accommodate uses that may constitute health or safety hazards, have greater than average impacts on the environment or diminish the use and enjoyment of nearby property by generation of noise, smoke, fumes, odors, glare, vibration, commercial vehicle traffic or similar nuisances.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards. All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
   (K)   General Industrial District (GI and GI-CD).
      (1)   Intent. The General Industrial District is established to accommodate traditional industrial uses on individual tracts of land and within coordinated industrial parks. The uses may constitute health or safety hazards, have greater than average impacts on the environment or diminish the use and enjoyment of nearby property by generation of noise, smoke, fumes, odors, glare, vibration, industrial vehicle traffic or similar nuisances.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards. All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
   (L)   Floodplain District (FP).
      (1)   Intent. The Floodplain District is intended to provide for the maintenance and management of existing natural ecological and environmental resources and to protect public health and safety by preventing development which would increase the flood hazard potential and the likelihood of property damage due to flooding within the community. Only temporary uses are envisioned within this District.
      (2)   Permitted uses. Uses permitted by right, uses with conditions and uses permitted upon the issuance of a "special" permit are listed in the Table of Uses in § 8-3.3.5.
      (3)   Dimensional requirements and supplemental standards.
         (a)   All lots shall meet the minimum dimensional requirements shown in § 8-3.3.4.
         (b)   Only minimal development is allowed within this District. No development shall mar or disturb the ecological and environmental efficiency of the floodway, nor shall it disturb or re-grade slopes resulting in significant elevation or contour charges.
         (c)   Only structures which will permit the free flow of water with minimal obstruction shall be permitted.
(2003 Code, § 8-3.3.2) (Updated 2009) (Amended 10-4-2016)