(A) A FLOATING DISTRICT is a zoning district which is currently unmapped, but which the county believes could be appropriate and warranted when developed pursuant to an overall project design and concept development plan to achieve the development goals in the adopted Comprehensive Plan, subject to the requirements contained in the ordinance. Approval to allow a floating district requires a zoning map amendment from the Board of Supervisors.
(B) Upon the adoption of the 2009 Comprehensive Amendments, the county shall have three floating zoning districts:
(1) Mobile Home Park District (MHP);
(2) Bayview Planned Unit Development (PUD);
(3) Solar Energy District (SED) (adopted August 20, 2010).
(C) The purposes and intents of the MHP, Bayview PUD, and SED districts are:
(1) Mobile Home Park (MHP). To accommodate mobile homes in a planned neighborhood. All MHP Districts shall be served by approved sewage disposal facilities, adequate access to a public road, and a public/community water supply. In mobile home parks, no space shall be rented for residential use except for a period of at least 30 days.
(2) Bayview Planned Unit Development (PUD). To recognize and permit continued development of Planned Unit developments approved under prior zoning regulations. It is the intent of Northampton County not to create any additional Planned Rural Villages subsequent to the adoption of this chapter. The presence of an Existing Planned Rural Village shall not serve as justification for future rezonings outside the approved boundaries of the Existing Planned Rural Village. The regulations applicable to the Planned Rural Village floating district as set forth in the Northampton County zoning ordinance adopted on December 28, 2000, are included in § 154.2.178 for reference purposes.
(3) Solar Energy Districts. The purpose is to permit the development and operation of comprehensively planned and designed solar energy power generation using photovoltaic cells on a parcel of land and/or on contiguous parcels under unified control. In establishing a SED, the intent is to be consistent with the Northampton County Comprehensive Plan § 3.5.2 (2006 Comprehensive Plan Update, as amended), which notes that "environmental protection and economic prosperity can be reached as cohesive rather than competing goals," and further, that new businesses "generate sufficient revenues to provide desired services." The standards and procedures set forth in this section are designed to achieve a harmonious and efficient layout of structures, circulation, and connection to public utilities on or adjacent to the SED and to ensure that such development does not adversely affect adjoining properties or the county's natural resources. The SED may be located only in the Ag/Rural Business and Existing Industrial Districts, within the acreage limits of division (J) below.
(D) The minimum zoning regulations applicable to the MHP and SED districts are:
MHP | SED |
MHP | SED | |
Max. density | 2:1 | None |
Uses allowed | See § 154.2.176 | See § 154.2.178 |
Proffered plan | Yes | Yes |
Max. height in feet for principal use | 22 | Solar panels 15 |
Min. height above ground in feet for principal use | N/A | 4 |
Front yard | See § 154.2.176 | - |
Side yard | See § 154.2.176 | - |
Rear yard | See § 154.2.176 | - |
Public central sewer required | Yes | No |
Public central water required | Yes | No |
Open space required | Yes | No |
(E) General provisions regarding Floating Districts.
(1) The procedures herein established are in recognition of the fact that traditional density, bulk, spacing, and use regulations, which may be useful in protecting the character of substantially developed areas, may impose inappropriate and unduly rigid restrictions upon the development of parcels or areas which lend themselves to a unified, planned approach and development. A Planned Development should be designed to ensure that the following general goals will be achieved.
(a) The proposed development shall be of such design that it is consistent with the Comprehensive Plan as well as other adopted plans and policies of the county.
(b) The development will efficiently use available land and will protect and preserve, to the extent possible, natural features of the land such as trees, wetlands, streams and topographic features.
(c) The development will be located in an area in which transportation, police and fire protection, schools and other public facilities and public utilities, including water and sewage, are or will be available and will be adequate for the uses proposed. The applicant may, where appropriate, make provisions for such facilities or utilities which are not presently available.
(2) In addition to their specific purposes and intents, floating districts are intended:
(a) To promote the efficient and well-planned use of the land as a means of achieving a superior living environment and a convenient, attractive and harmonious community;
(b) To encourage the provision and conservation of open space within such areas for leisure time uses;
(c) To encourage a variety of housing styles and types, including affordable housing opportunities as described in the county's Affordable Housing Policy;
(d) To ensure the provision of sufficient and properly located public facilities;
(e) To protect against encroachment upon agricultural, marine and other natural resources of the county;
(f) To encourage flexibility and innovation in project and community design which would result in improved relationships between various uses of land and transportation or other public facilities.
(F) Relation to conflicting requirements. Once a floating district has been established by the Board of Supervisors, the regulations adopted in conjunction with such project application shall control its use and development in lieu of other requirements of this chapter.
(G) Land use and dimensional requirements. The land use, housing types, minimum lot requirements, minimum yard requirements and accessory uses and signs approved for a specific floating district shall be determined by the requirements and procedures set forth in this section and adopted by the Board of Supervisors.
(H) Floating Districts to have sufficient facilities. All MHP development projects approved by the Board of Supervisors must be served by public water and sewer systems (not individual onsite wells or septic fields), and have appropriate highway access, police, fire and rescue, schools, libraries and other public services sufficient to serve the needs of such projects and its inhabitants. If central public sewer and water service is available to serve the site, the Board may require that the proposed development be connected.
(I) Overall community plan. Floating districts must be approved with a plan for the development of an overall community. Within such planned developments, the locations of all residential, nonresidential, and governmental uses, including parks, playgrounds, recreation areas, and other open spaces shall be planned in an orderly relationship to one another.
(J) Procedure for establishment. The following provisions establish the procedures for application and approval of a floating district development:
(1) Minimum and maximum acreage for initial Floating District.
District | Acreage |
Mobile Home Park (MHP) | Minimum: 5 acres Maximum: 10 acres |
Solar Energy District (SED) | Minimum: No restriction Maximum: 220 acres |
(2) Enlargement of a Floating District. Additional land area may be subsequently approved and added on to a floating district if it adjoins an existing floating district. The procedure for an addition shall be the same as for an original application, and all of the requirements of this section shall apply except the minimum acreage requirements as specified above. No additions to existing floating districts smaller or larger than the following sizes are permitted:
District | Acreage |
Mobile Home Park (MHP) | Minimum: 5 acres Maximum: 10 acres |
Solar Energy District (SED) | Minimum: No restriction Maximum: No restriction |
(3) Application for a Floating District rezoning required. The applicant shall file an application for rezoning with the Zoning Administrator, and shall furnish with his/her application 22 copies of a Concept Development Plan (CDP) and Statement of Justification.
(a) The CDP must show all of the applicable information required in conjunction with the submission of a site plan (See § 154.2.045), including, but not limited to, showing the layout of all streets and roads, the location of all buildings, parking areas, pedestrian ways, utility easements (including water lines, power lines, sewer lines, pumping stations, drainfields, storm water drainage facilities), lot lines, open spaces, parks, recreation areas, school sites, playgrounds, the proposed use of all land and buildings and the metes and bounds of all dedicated areas and lots. The CDP must identify the proposed densities of housing units in residential areas and the intensities of non-residential buildings and structures and distances between features shown thereon. If the county planning staff, the Planning Commission or the Board of Supervisors requires additional information from the applicant to be able to adequately review the application, it may request such additional information from the applicant.
(b) The Statement of Justification. In conjunction with the filing of an application to rezone to a floating district, the applicant must submit a Statement of Justification that addresses:
(1) The proposed uses, buildings, structures, density/intensity, public improvements, layout/design of the project, surrounding zoning and land uses, environmentally sensitive areas, soils, and any modifications to ordinance provisions requested;
(2) Whether and how the application and proposed uses are in compliance with the purpose and intent of the zoning district requested;
(3) Whether and how the application and proposed uses are in conformance with the adopted Comprehensive Plan;
(4) Whether and how the application and proposed uses are compatible with the surrounding character of the area;
(5) The anticipated impacts of the application and proposed uses on the county (including, but not limited to, financial, tax, economic, public facility and/or utility, public safety improvements, and transportation and education system impacts) and how they will be addressed or alleviated;
(6) How the proffers will help to offset the impacts of the application and proposed uses;
(7) The justification for any requested ordinance modifications;
(8) Whether and how the application and proposed uses will affect the county's ground water supply, and how the application plans to address any impacts of the proposed development;
(9) The anticipated impacts of the application and proposed uses on environmentally sensitive land, natural areas, vegetation, water quality, air quality, and historic features;
(10) Whether there has been any change in circumstances or conditions in the area that make the proposed application and uses appropriate;
(11) Whether the existing zoning is still appropriate, along with an explanation as to why or why not.
(K) Additional regulations applicable within a Floating District.
(1) Corner lots. Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets. The side yard on the side facing the side street shall be 30 feet or more for both main and accessory buildings.
(2) Accessory structures. The aggregate floor area of an accessory building or structure shall not exceed 25% of the area of the lot or parcel.
(3) Minimum off-street parking. Minimum off-street parking requirements set forth in this chapter shall apply.
(Ord. passed 4-12-2016)