§ 62-1574. Farmton mixed use zoning overlay district, FARM-1.

The FARM-1 Farmton zoning overlay encompasses the Farmton mixed use (FMU) future land use area and provides zoning districts available only in the Farmton zoning overlay: workplace; villages; and hamlets as described in the Farmton local plan as depicted on the future land use map and description in the comprehensive plan. These three zoning districts have their own permitted uses, setbacks, and other regulatory restrictions as described in this section. This section's implementation is subject to the approval of a DRI or master development plan.

The maximum development within this zoning overlay classification is controlled by the relevant comprehensive plan policies which limits the amount of residential, commercial, office, industrial, hotel and public institutional uses.

(1)

Zoning districts in the Farmton overlay classification.

a.

Workplace. The workplace zoning district is intended to provide and promote employment centers as well as provide work force housing in close proximity. Permitted uses include industrial uses, community and regional scale commercial, institutional uses, hotels and residential uses as noted within subsection a.1.—4.

1.

Permitted uses.

i.

All uses and all materials and products shall be confined within substantial buildings completely enclosed with walls and a roof, however, retail items of substantial size or which of necessity must remain outside of a building may be permitted to be displayed outside the building. Such retail items include but are not limited to motor vehicles, utility sheds, nursery items such as plants and trees, and boats.

ii.

The following uses as noted or other uses of a similar nature compatible with the character of the uses specifically described in this subsection, are permitted as follows:

Administrative, executive and editorial offices.

Aquariums.

Automobile hire.

Automobile parts, if confined within a structure.

Automobile repairs, minor (as defined in section 62-1102).

Automobile sales and storage, provided sales are from a permanent structure and the storage area meets the requirements of article VIII, pertaining to site plans, and article XIII, division 2, pertaining to landscaping.

Automobile tires and mufflers (new), sales and service.

Automobile washing.

Banks and financial institutions.

Child or adult day care centers.

Colleges and universities.

Conservatories.

Contractors' offices, with no outside storage.

Display and sales rooms.

Dog and pet hospitals and beauty parlors, with outside kennels or runs.

Dry cleaning plants, accessory to pickup stations.

Dyeing and carpet cleaning.

Employment agencies.

Electrical appliance and lighting fixtures.

Farmer's markets, operating from within enclosed structures; for external sales see subsection (1)a.4. for conditional use permit.

Foster homes, when operated as part of a multi-family structure.

Fraternities and sororities.

Fruit stores (packing on premises).

Funeral homes and mortuaries.

Furniture stores.

Furriers.

Gasoline service stations, on minimum 15,000 square foot lot having a minimum lot width of 100 feet and a minimum lot depth of 100 feet.

Grocery stores.

Hardware stores.

Hat cleaning and blocking

Hospitals.

Hotels, (three acres minimum lot size) with or without alcoholic beverage sales.

Industrial uses consistent with the light industrial (IU) zoning classification as referenced within section 62-1540.

Laboratories.

Laundries.

Lawn mower sales.

Mail order offices.

Manufacturing, compounding, processing, packaging, storage, treatment or assembly of certain products.

Meat, fish and seafood markets.

Medical buildings and clinics, and dental clinics.

Messenger offices.

Millinery stores.

Motorcycle sales and service.

Multi-family residential dwellings—Minimum density ten and maximum density 15 units per acre, (five-acre minimum lot size).

Music, radio and television shops and repairs.

Nursing homes.

Paint and wallpaper stores.

Parking lots (commercial).

Parks and public recreational facilities.

Plant nurseries (no outside bulk storage of mulch, topsoil, etc.).

Printing services.

Professional offices and office buildings.

Post offices.

Restaurants, with or without alcoholic beverage sales.

Resort dwellings, when operated as part of a multi-family structure.

Retail sales.

Roadside produce stands, when accessory to other onsite development; not a standalone use.

Snack bars.

Telephone and telegraph stations and exchanges.

Television and broadcasting stations, including studios, transmitting stations and towers and other incidental uses usually pertaining to such stations.

Theaters, but no drive-ins.

Ticket offices and waiting rooms for common carriers.

Towers and antennas.

Upholstery shops.

Schools for business training.

Schools, private or parochial.

Warehouses.

Wearing apparel stores.

Wholesale sales.

Worship, places of.

2.

Permitted uses with conditions are as follows (see division 5, subdivision II, of this article):

Assisted living facilities.

Automobile and motorcycle repair (major) and paint and body work.

Boat sales and service.

Cabinetmaking and carpentry.

Farm machinery sales and service.

Group homes, levels I and II, when operated as part of a multi-family structure.

Independent living facilities.

Outdoor restaurant seating.

Power plants and substations, telephone exchanges and transmission facilities, and telephone switching centers.

Preexisting use.

Private parks and playgrounds.

Security mobile home, when accessory to developed commercial or industrial building(s). Criteria regarding impact fees, setbacks and buffer standards contained in section 62-1841.7 shall apply.

Self storage mini-warehouses, consistent with BU-1 standards contained in section 62-1837.5.

Treatment and recovery facility.

3.

Accessory buildings or uses. Accessory buildings and uses customary to commercial and residential uses are permitted. (Refer to definition cited in section 62-1102 and standards cited in section 62-2100.5). Additional accessory uses are as follows:

i.

Completely enclosed lumber sales are permitted as an accessory use to hardware and supply stores.

4.

Conditional uses. Conditional uses are as follows:

Commercial entertainment and amusement enterprises (small scale and large scale).

Farmer's markets, sales from trucks, open booths or temporary structures.

Land alteration (over five acres and up to ten acres).

Plant nurseries (with outside bulk storage of mulch, topsoil, etc.).

Security mobile home.

Substantial expansion of a preexisting use.

Trailer and truck rental.

b.

Villages. The villages zoning district is intended to provide and promote compact residential areas containing a mix of residential housing types to encourage affordability for a wide range of economic levels. Villages shall be supported by internally designed mixed use village centers which provide key goods and services and public facilities at the neighborhood level. Villages shall include interconnected streets that are designed to balance the needs of all users, including pedestrians, bicyclists and motor vehicles, and which are built with design speeds that are appropriate for neighborhoods. Approved uses, as noted within subsection b.1.—4., within a village include single and multi-family residential, office, commercial, institutional, open space, and bed and breakfast inns. Non-residential uses, except for licensed home occupations, are limited to the village center.

1.

Permitted uses.

i.

All uses and all materials and products shall be confined within substantial buildings completely enclosed with walls and a roof, however, retail items of substantial size or which of necessity must remain outside of a building may be permitted to be displayed outside the building. Such retail items include but are not limited to motor vehicles, utility sheds, nursery items such as plants and trees and boats.

ii.

The following uses as noted, or other uses of a similar nature compatible with the character of the uses specifically described in this subsection, are permitted as follows:

Alcoholic beverages for on-premise consumption, when the front door of the place of business is located greater than 300 feet from the property line of any church or school.

Antique shops.

Art goods and bric-a-brac shops.

Artists' studios.

Auditoriums.

Bait and tackle shop.

Bakery sales, with baking permitted on the premises.

Banks and financial institutions.

Barbershops and beauty parlors.

Bed and breakfast inn.

Bicycle sales and service.

Billiard rooms and electronic game arcades (soundproofed).

Bookstores.

Bowling alleys (soundproofed).

Cafeterias.

Ceramics and pottery; finishing and sales; no production or firing except accessory to on site sales only.

Civic, philanthropic or fraternal organizations.

Coin laundromats.

Commercial schools offering instruction in dramatic, musical or other cultural activity, including martial arts.

Confectionery and ice cream stores.

Convenience stores, with or without gasoline sales.

Curio shops.

Dancing halls and academies (soundproofed).

Child or adult day care centers.

Display and sales rooms.

Dog and pet beauty parlors, with no outside kennels or runs.

Drug and sundry stores.

Duplexes—Minimum density of four and maximum density eight units per acre (one-acre minimum lot size).

Florist shops.

Foster homes.

Gift shops.

Hobby shops.

Interior decorating, costuming and draperies.

Jewelry stores.

Leather good stores.

Luggage shops.

Medical buildings and clinics, and dental clinics.

Multi-family residential dwellings—Minimum density six and maximum density 15 units per acre (three acres minimum lot size).

Newsstands.

Nursing homes.

Optical stores.

Parks and public recreational facilities.

Pawnshops.

Pet shops, with property enclosed to prevent any noxious odors.

Photograph studios and galleries.

Post offices.

Restaurants, with or without alcoholic beverage sales.

Retail sales.

Sale of alcoholic beverage, package only.

Shoe repair shops.

Shoe stores.

Single-family residence—Minimum density four and maximum density six units per acre (50-foot lot width by 100-foot lot depth minimum lot dimensions).

Snack bars.

Soft drink stands.

Souvenir stores.

Stationery stores and bookstores.

Tailor shops.

Tearooms.

Tobacco stores.

Wearing apparel stores.

Worship, places of.

2.

Permitted uses with conditions are as follows (see division 5, subdivision II, of this article):

Assisted living facility.

Group homes, levels I and II, subject to the requirements set forth in section 62-1835.9.

Independent living facilities.

Outdoor restaurant seating.

Power plants and substations, telephone exchanges and transmission facilities, and telephone switching centers.

Private parks and playgrounds.

Preexisting use.

3.

Accessory buildings or uses. Accessory buildings and uses customary to commercial and residential uses are permitted. (Refer to definition cited in section 62-1102 and standards cited in section 62-2100.5).

4.

Conditional uses. Conditional uses are as follows:

Land alteration (over five acres and up to ten acres).

Security mobile home.

Substantial expansion of a preexisting use.

Trailer and truck rental.

Wireless telecommunication facilities and broadcast towers.

c.

Hamlets. The hamlets zoning district is intended to provide estate sized lots for a spacious residential setting, open space utilization for recreational needs, and to encourage low impact commercial uses such as farmer's markets and roadside produce only stands for daily residential needs. Permitted uses are noted within subsection c.1.—4.

1.

Permitted uses.

i.

All uses and all materials and products shall be confined within substantial buildings completely enclosed with walls and a roof, however, retail items of substantial size or which of necessity must remain outside of a building may be permitted to be displayed outside the building. Such retail items include but are not limited to nursery items such as plants and trees.

ii.

The following uses as noted, or other uses of a similar nature compatible with the character of the uses specifically described in this subsection, are permitted as follows:

Farmer's markets, when approved under a special event permit (chapter 10, article II).

Parks and public recreational facilities.

Roadside produce stands, when accessory to other onsite development; not a standalone use.

Single-family residence.

2.

Permitted uses with conditions are as follows (see division 5, subdivision II, of this article):

Group homes, level I, subject to the requirements set forth in section 62-1835.9.

Power plants and substations, telephone exchanges and transmission facilities, and telephone switching centers.

Preexisting use.

Private parks and playgrounds.

3.

Accessory buildings or uses. Accessory buildings and uses customary to commercial and residential uses are permitted. (Refer to definition cited in section 62-1102 and standards cited in section 62-2100.5).

4.

Conditional uses. Conditional uses are as follows:

Farmer's markets (section 62-1929).

Land alteration (over five acres and up to ten acres).

Security mobile home.

Towers and antennas.

(2)

Minimum lot size.

a.

Workplace zoning district. Except as noted above, an area not less than 7,500 square feet is required, having a width and depth of not less than 75 feet for non-residential development.

b.

Villages zoning district. Except as noted above, an area not less than 10,000 square feet is required, having a width and depth of not less than 100 feet for non-residential development.

c.

Hamlets zoning district. An area not less than one-half-acre is required, having a width and depth of not less than 100 feet.

(3)

Setbacks.

a.

Generally.

1.

Gasoline service station setbacks in this zoning classification shall be governed by section 62-1835.7.

2.

The front setback shall be:

Workplace: 25 feet from the front lot line.

Villages: Ten feet from the front lot line.

Hamlets: 25 feet from the front lot line.

3.

The rear setback shall be 15 feet from the rear lot line in all areas. However, if the rear lot line abuts a dedicated 20-foot alley or roadway, the setback shall be five feet.

4.

Side setbacks.

i.

Where a side lot line abuts a different zoning district (i.e. workplace abutting villages), such side setback shall be a minimum of 15 feet.

ii.

In the workplace where a 20-foot dedicated alleyway or roadway exists adjacent to or abutting the rear lot line, no side setback is required.

iii.

The side setback shall be five feet from the side lot line in all other areas.

iv.

On a corner lot, the side street setback shall be:

(A)

Workplace zoning district: 15 feet.

(B)

Villages zoning district: five feet, if a corner lot is contiguous to a key lot, then the side street setback shall 15 feet.

(C)

Hamlets zoning district: 15 feet, if a corner lot is contiguous to a key lot, then the side street setback shall 25 feet.

b.

Accessory buildings. Accessory buildings shall be located to the rear of the front building line of the principal building and no closer than five feet to the rear and side lot lines, but in no case within the setbacks from a side street. There shall be a minimum spacing distance of five feet between any other structures on the same site.

c.

Spacing distance between principal structures. Principal buildings or structures shall be spaced a minimum of 15 feet from other principal buildings or structures on the same site, unless designed to be expansions of the existing building. Such spacing distance shall not be covered or connected to the principal structures.

(4)

Usable common open space requirements. Multi-family projects three acres or more in size, shall provide 35 percent of the total land area as usable common space as defined in section 62-1102. At the time of site plan submission, the method of perpetual maintenance of common facilities shall be provided as required in section 62-1445(a). Ten percent of this area shall be retained in natural vegetation rather than improved.

(5)

Minimum floor area. All non-residential primary structures shall contain a minimum of 600 square feet of floor area. Residential structures shall contain:

a.

Single-family dwelling unit: 1,100 square feet.

b.

Duplexes: 1,150 square feet and 575 square feet per unit.

c.

Multi-family units:

1.

One bedroom: 500 square feet.

2.

Two bedrooms: 750 square feet plus 100 square feet for each additional bedroom.

3.

Efficiencies: 400 square feet.

d.

Mixed-use: Where residential and non-residential uses are contained in the same structure: 1,500 square feet. The residential use must be a minimum of 500 square feet.

e.

Hotel units: 300 square feet.

(6)

Structural height standards.

a.

In the workplace zoning district, the maximum height threshold of any structure or building thereon shall be 85 feet.

b.

In the villages zoning district, the maximum height threshold of any structure or building thereon shall be 45 feet.

c.

In the hamlets zoning district, the maximum height threshold of any structure or building thereon shall be 35 feet.

d.

Property located within the Farmton zoning overlay classification is specifically exempted from all conditions enumerated in section 62-2101.5.

e.

Structures or buildings may not exceed the maximum height thresholds stated in this subsection.

(7)

Loading facilities and truck parking.

a.

Loading docks are prohibited on an interior street frontage. They shall be located to the rear of the front building line of all principal structures, paved, and have adequate drainage.

b.

Parking for trucks and other commercial vehicles and heavy equipment shall be located at the rear of all principal structures.

c.

No shipping or receiving shall be permitted within 50 feet of existing single use multi-family residential buildings; no separation distance is required from mixed-use buildings.

(8)

Storage. All storage areas shall be located to the rear of the primary structures. All open areas for storage shall be enclosed by a visual barrier when viewed from the public road right-of-way or adjacent lots. Such enclosure shall be a minimum of six feet and a maximum of eight feet in height, and in no case shall materials be stacked or stored so as to exceed the height of the enclosure. The enclosure shall be a masonry wall, opaque fence, landscaped berm or other materials adequate to create a permanent opaque barrier. The storage area's entrance and exit gates shall also be opaque when materials within it are visible from any public road right-of-way or adjacent lots not developed with an industrial use. Storage areas must be located at least 25 feet from any side or rear lot line. No motor vehicle which is inoperable or trailer which is unusable shall be stored or used for storage on any lot or parcel of ground in this zone unless it is within a completely enclosed building.

(9)

Fencing and buffering.

a.

Landscaping and buffering between the designated mixed use areas shall be as follows:

Workplace to villages and villages to hamlets. Minimum width of 15 feet and shall be planted with:

1.

One medium or large species tree per 25 linear feet,

2.

Three gallon shrubs planted on four-foot centers, and

3.

One gallon shrubs planted on three-foot centers.

Tree specifications and shrub selection shall be consistent with the requirements of article XIII, division 2.

Workplace to hamlets. Minimum width of 20 feet and shall be planted with:

1.

One medium or large species tree per 25 linear feet,

2.

Three gallon shrubs planted on four-foot centers, and

3.

One gallon shrubs planted on three-foot centers.

Buffer shall be opaque to a height of six feet, except where located within 25 feet of right-of-way where the minimum opacity height shall be four feet. Tree specifications and shrub selection shall be consistent with the requirements of article XIII, division 2.

See article XIII, division 2, of this article, pertaining to landscaping buffering.

b.

For fencing criteria this section preempts section 62-2109. Fencing criteria is as follows:

1.

No fence or solid wall on any property shall exceed eight feet in height. However, wooden fencing within may be constructed to an additional three inches in height above that otherwise established within these land development regulations (e.g. three feet six inches, four feet zero inches, eight feet zero inches) in order to facilitate linear cap features along the top edge and airflow along the bottom edge. In addition to linear cap features along the top edge of wooden fencing slats and vertical posts, decorative cap features of up to eight inches in height may be added at vertical fence post locations. These height limitations shall apply to all fences or solid walls, regardless of location on the property, except where further restricted as provided below.

2.

No obstruction, including, but not limited to, signs (with less than eight feet between the bottom of the sign and the ground), fences, walls, hedges or other structures, shall exceed three and one-half feet in height within the sight triangle of a street intersection. The sight triangle, for the purposes of this section, shall be defined as a triangle which is at least ten feet in length along a local road or bike path, and at least 30 feet in length along a collector or arterial road. A portion of these restrictions may be waived at the discretion of the county manager or his designee if it can be shown that public traffic, bicycle and pedestrian safety can be adequately addressed with a smaller sight triangle.

3.

Fences or walls shall not exceed four feet in height within the required front setback or within the required side street setbacks on a corner lot which is contiguous to a key lot that is less than 100 feet in width. Eight-foot-high side street fencing, when allowed, shall not extend toward the subject lot's front lot line beyond a point even with the forward-most edge of the single-family residential structure, excluding "snout" garages, porches or other features that protrude from the principal structure. In other areas, fences may be up to eight feet in height within the above described setbacks; except that, where such fence is within 25 feet of a street intersection or within 25 feet of the intersection of the subject property's driveway with the street, that portion of the fence exceeding four feet in height shall be non-opaque.

4.

On double-frontage lots other than a corner lot or a waterfront lot, a six to eight-foot high fence may be placed on the rear property line adjacent to an arterial or collector road, and in such instances such lot would not be a double-frontage lot for setback purposes. If the abutting houses face or have access to the arterial or collector road, the exception set out in this subsection shall not apply.

5.

Berms within the front setback, or within 25 feet of a street intersection, used in conjunction with fences or walls, shall be considered as included in the height restriction for such fences or walls. The height of a fence or wall shall be measured from finished grade prior to berming. The parcel's grade shall not be altered for the purpose of increasing the apparent height of the fence. The height of fences on property lines or parallel to property lines shall be measured from the lowest grade on either side of the property line.

6.

Walls and fences shall be constructed so that the exposed framing, stringers and posts which support each section shall face the interior yard of the lot on which the fence or wall is placed, regardless of whether or not another fence already exists. However, shadowbox designs which indicate alternately located vertical wooden slats on the interior and exterior sides of the horizontal stringers may be approved.

7.

No barbed wire, concertina wire, or similar building fencing materials are permitted.

c.

Perimeter buffer. A minimum 200-foot building setback buffer shall be required along the perimeter of the Farmton zoning overlay classification in order to minimize visual and noise impacts on surrounding land owners. There shall be no encroachment within the buffer except for bike paths, equestrian, and walking trails, fire lines, existing logging roads and public roadways.

d.

Arterial road buffer. No buildings shall be located within 200 feet from the arterial road right-of-way.

e.

East central regional rail trail buffer. A minimum 200 feet wide vegetative buffer shall be maintained on each side of the centerline of the trail right-of-way so as to minimize encroachments on the trail and enhance the experience of the trail user.

(10)

Metal buildings. Metal buildings shall be permitted in this zoning classification subject to the restrictions presented in section 62-2115(a)(1) and (2).

(11)

Maximum floor area ratio. The floor area ratio shall be governed as follows:

a.

In the workplace zoning district, the maximum FAR for lands developed with non-residential uses is as follows:

1.

Commercial: 1.0 FAR (0.35 minimum)

2.

Light Industrial: 2.48 FAR

3.

Hotel: 2.0 FAR

b.

In the villages zoning district, the maximum FAR for lands developed with non-residential uses is as follows:

1.

Commercial: 1.0 FAR (0.30 minimum)

(12)

Cross access . Driveway connections with roadways shall be limited in the overlay zoning classification and in order to improve traffic circulation, all abutting properties in the workplace zoning district shall provide cross access to other adjacent properties in the workplace zoning district. Each dwelling unit or other permitted use within the workplace land use district shall have access to a public street, either directly or indirectly, via an approach private road, pedestrian way, court or other area dedicated to public or private uses or a common easement guaranteeing access as permitted by this Code. Permitted uses are not required to front on a public dedicated road. The county shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area to meet emergency needs, to conduct county services and to generally ensure the health and safety of the residents of the development.

(13)

Ownership. A multi-family residential development site shall be subject to single ownership or condominium ownership.

(14)

Utilities. Above ground utilities shall be discouraged in the Farmton mixed use overlay. Only underground utilities, however, shall be permitted in the villages zoning district.

(Ord. No. 2013-10, § 1, 4-4-13; Ord. No. 2014-30, § 1, 10-2-14)