Land Development Ordinance - Amended 4-2-2024

ii. Environmental constraints, including without limitation the presence of stream buffers or other natural features;

iii. Public safety;

iv. Sufficient cross-access already exists on or to the subject property;

v. The principal use of the subject property is incompatible with an existing use or use classification of an adjoining property. For purposes of evaluating incompatibility, the following shall apply: 1. Existing property classified as a residential use as defined by the Community Vision Land Use Plan Place Type Categories section shall be deemed incompatible with property classified as Heavy Industrial or Light Industrial by the Town’s Land Use Plan.

2. Existing property classified as Civic & Institutional by the Town’s Land Use Plan shall be deemed incompatible with property classified as Heavy Industrial or Light Industrial by the Town’s Land Use Plan.

3. Existing or proposed industrial uses as defined by the Land Development Ordinance shall be deemed incompatible with all other uses.

C. A cross-access easement must be shown on the final plat of the property involving a subdivision or recombination plat. An exempt plat providing a cross-access easement shall be submitted and approved by the Town prior to plan approval.

D. Nothing contained in this Section shall exempt a development from making CTP improvements or improvements otherwise required by the Land Development Ordinance and Spec Book.

E. Nothing contained in this Section shall exempt a development from dedicating public utility easements, pedestrian easements, riparian buffers, or storm drainage easements as required by the Land Development Ordinance and Spec Book.

(4) Construction of the Cross-Access. Standards regarding the construction in the cross-access easement described herein shall be permitted in accordance with §9-1655 Shared & Cross- Access Requirements.

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