MAYOR AND COMMISSIONERS OF THE
TOWN OF NORTH EAST
PROPOSED: ORDINANCE 2013-07-01
PUBLIC HEARINGS: 7-1-2013 and 7-24-2013
AN ORDINANCE OF THE MAYOR AND COMMISSIONERS OF THE TOWN OF
NORTH EAST FOR THE PURPOSE OF AMENDING THE TOWN OF NORTH
EAST ZONING ORDINANCE: ARTICLE 5. DISTRICT REGULATIONS. PART I –
ZONING DISTRICTS; SECTION 5-3A “RM-C’ MULTIFAMILY RESIDENTIAL
DISTRICT REGULATIONS. DELETING PARAGRAPH 1. PURPOSE OF THE
DISTRICT. REVISING PARAGRAPH 1 TO PROVIDE FOR MULTIFAMILY
RESIDENTIAL DEVELOPMENT PLANS, INTERSPERSED WITH COMMERCIAL
USES ALONG THE ROUTE 272 AND ROUTE 40 CORRIDOR WHEN THE
DEVELOPMENT TRACT IS GREATER THAN FIVE ACRES; PROVIDING
MAXIMUM HEIGHT REGULATIONS OF 3 STORIES OR 45 FEET, WITH A
MINIMUM ROAD FRONTAGE OF 50 FEET.
AMENDING ARTICLE 6.
SUPPLEMENTARY REGULATIONS. SECTION 6-8 PARKING REGULATIONS.
TABLE: ADDING APARTMENTS IN THE RM-C DISTRICT, REQUIRING 2.5
SPACES PER 3 BEDROOM UNIT, 2.0 SPACES PER 2 BEDROOM UNIT AND 1.8
SPACES PER 1 BEDROOM UNIT; AMENDING CATEGORY: PUBLIC LIBRARY,
MUSEUM, ART GALLERY OR COMMUNITY CENTER IN ALL DISTRICTS, TO
DELETE PRIOR PARKING SPACE REQUIREMENT AND AMEND THE
REGULATIONS TO PROVIDE FOR PUBLIC SPACE 1 SPACE/400 SQUARE
FEET (NOT INCLUDING MEETING ROOM OR ASSEMBLY ROOM AREA; 1
SPACE/3 EMPLOYEES, MEETING/ASSEMBLY ROOM 1 SPACE/5 PEOPLE
AND PROVIDING FOR THE NUMBER OF PARKING SPACES TO BE REDUCED
BY 10% OF THE OTHERWISE REQUIRED MINIMUM NUMBER IF PUBLIC
TRANSIT IS PROVIDED AT THE SITE; PROVIDING FOR THE NUMBER OF
PARKING SPACES TO BE REDUCED BY 10% IF PEDESTRIAN ACCESS IS
PROVIDED TO THE SITE; PROVIDING FOR BOTH REDUCTIONS TO BE
CUMULATIVE; AMENDING THE TABLE OF CONTENTS, PARAGRAPH RELETTERING AND RE-NUMBERING, PAGE NUMBERS AND INDEX PAGES TO
REFLECT CHANGES TO THE TEXT.
NOW THEREFORE, BE IT ENACTED BY THE Mayor and Commissioners
of the Town of North East that the following amendments are made:
1.
Purpose of the District
North East’s growth area includes land where existing residential
development has already taken place or will have taken place prior to
annexation. In some cases, these residential development projects may
have been approved by the County but have not yet commenced
development. It is the Town’s intent to consider annexing such areas and
to minimize situations where the application of existing Town
ORDINANCE 2013-07-01
Page 2 of 4
development standards would create extensive non-conforming
situations. The North East Comprehensive Plan will be amended to
classify these areas as “Limited Residential”.
While existing land uses in the Town’s Corporate limit provide for a
variety of residential uses, it is the Town’s intent to provide
opportunities for Multifamily Residential uses interspersed with
commercial uses along the Route 272 and Route 40 corridor.
Residents within the Multifamily residential district would benefit
by the close proximity of goods and services to the residents. These
neighborhoods
would
provide
and
encourage
multi-modal
transportation opportunities, unique to the Route 272 and Route 40
corridor, as the road systems in these areas have been designed to
handle traffic volumes, which can support the multi-family
residential district.
Any tract of land so developed shall be in one ownership or in the
case of multiple ownership of the tract, it shall be developed
according to a single plan with common authority and common
responsibility. If the developer/owner has received approval for a
development project, then opts at a later time, to not proceed with
the project as proposed, future phases may be developed in
accordance with the regulations which are current at the time of
development, provided the landscaping, bufferyards, setbacks, open
space provisions, etc., provided on the original plan remain in the
subsequent phases. All property owners shall be signators on the
development plan.
Paragraph 4. Height, Area and Bulk Requirements:
4.
Height, Area and Bulk Requirements:
Minimum Area &
Dimension
Apartments
(Sq.Ft.)
Width
(ft.)
5 acre
minimum
development
tract
n/a
Minimum Yard
Requirements [1]
Front
Side
[2]
n/a
Rear
[2]
Maximum
Height
Minimum
Road
Frontage
Feet
Feet
3 stories
or 45 feet
50
ORDINANCE 2013-07-01
Page 3 of 4
Amending Article 6. Supplementary Regulations.
Section 6.8. Parking Regulations.
Table.
COLUMN 1
Use or Use
Category
COLUMN 2
Location
Apartments
RM-C
Public
Library,
museum, art
gallery or
community
center
All
Districts
COLUMN 3
Spaces Required Per Basic Measuring
Unit
2.5 per 3 bedroom unit
2.0 per 2 bedroom unit
1.8 per 1 bedroom unit
1 space per 300 square feet
Public Space: 1 space/400 square feet
Employees: 1 space/3 employees
Meeting Room/Auditorium:
1 space/5 people
Note: Public Space does not include
office space, meeting rooms or
auditoriums
COLUMN 4
Additional
Requireme
nts
None
0.75 spaces
per full time
employee,
plus 1 space
per 3 seat at
maximum
capacity in
meeting or
assembly
rooms
*** Public
Transit
and
Pedestrian
Access
*** The number of parking spaces will be reduced by 10% of the otherwise
required minimum number if public transit is provided to the site.
The number of parking spaces will be reduced by 10% if pedestrian access is
provided to the site. It shall be noted that both reductions are to be cumulative.
NOW THEREFORE, BE IT ENACTED BY THE Mayor and Commissioners of the
Town of North East that the following amendments are made:
AMENDING THE TABLE OF CONTENTS, PARAGRAPH RE-LETTERING AND
RE-NUMBERING, PAGE NUMBERS AND INDEX PAGES TO REFLECT
AMENDMENTS TO THE TEXT;
NOW THEREFORE, BE IT ENACTED BY THE Mayor and Commissioners of the
Town of North East that THE TABLE OF CONTENTS, PARAGRAPH RENUMBERING AND RE-LETTERING, PAGE NUMBERS AND INDEX PAGES shall
be amended to reflect all amendments.
ORDINANCE 2013-07-01
Page 4 of 4
BE IT ALSO ORDAINED AND ESTABLISHED THAT THIS Ordinance is adopted
this ____ day of ______, 2013, and shall become effective ten (10) calendar days
after its adoption.
BE IT FURTHER ENACTED that all acts or ordinances or parts of acts or
ordinances are hereby repealed to the extent of such inconsistency; and that
the adoption of the Ordinance shall not effect or prevent any pending or future
prosecution of, or action to abate, any existing violation of said existing Zoning
Ordinance as amended, if the violation is also a violation of the provisions of
this Ordinance.
MAYOR AND COMMISSIONERS
OF THE TOWN OF NORTH EAST
Attest:
Melissa B. Cook-MacKenzie
Town Administrator
Robert F. McKnight, Mayor
Eric B. Braley, Commissioner
DATE INTRODUCED
__________________
DATE PASSED:
_________________
EFFECTIVE DATE:
_______________________________________
Hilary A. Crothers-Moore, Commissioner
Kena L. Koch, Commissioner
_________________
Paul A. Stark, Commissioner