Frequently Asked Questions
Frequently Asked Questions about the Route 28 Corridor Zoning Ordinance Update
Q. What is the mapping of the Rt. 28 Optional Overlay project about and what is the outcome upon its adoption?
A. The Board of Supervisors adopted the text of the Route 28 Zoning Regulations in December 2013. This did not establish the boundaries of the Route 28 Optional Overlay districts. The Mapping of the Route 28 Optional Overlay districts will establish the boundaries of these districts within the Route 28 Corridor. No text amendments are proposed.
Upon adoption, the boundaries of the Optional overlay districts will be established. The Optional Overlay districts remain voluntary and only property mapped with an Optional overlay district will have the ability to use the Optional overlay as an administrative process.
The mapping adds 2 additional development methods for property within the Rt. 28 Corridor, Standard Method and Alternative Method, which are also chosen by the property owner.
Until a property develops under the Optional overlay districts, the property’s base zoning and current approvals on property remain in effect.
Q. Am I required to develop under the Route 28 Optional Overlay district?
A. No, the Optional Overlay district is voluntary. In order to utilize the Optional overlay district standards, a property owner must elect to file an affidavit waiving their protection under the Route 28 Tax district regulations. Once the election is filed, the property owner may file a site plan pursuant to Division D Route 28 Corridor Zoning Regulations of the Revised 1993 Zoning Ordinance.
Q. What is the Optional Overlay district and how does it apply to property within the Route 28 Corridor?
A. It’s important to know that there are two overlay concepts. We are used to thinking of the traditional overlay concept like the Floodplain Overlay District or the Mountainside District where property is subject to both the underlying and overlaying regulations. The Rt. 28 overlays are specific to the Route 28 Corridor and provide optional methods of development for property owners. i.e. if the property owner voluntarily elects to use the overlay, these standards would then substitute for the underlying regulations.
Q. What are the benefits of the Route 28 Optional Overlay Districts?
A. The Route 28 Optional Overlay districts are intended to implement the higher density development envisioned by the Route 28 Corridor Plan. Therefore, the Route 28 Optional Overlay districts permit increased development potential, i.e higher floor area ratios, increased lot coverage, reduced bulk plane standards, as compared to the traditional planned development (PD) districts found in the Revised 1993 Zoning Ordinance. The Route 28 Optional Overlay districts offer administrative process for the increased development process as well as additional incentives for development. Lastly, the availability to utilize the Optional Overlay districts is open continuously and at the property owners’ discretion.
Q. After the Mapping of the Route 28 Optional Overlay districts, which process governs the development of my property?
A. It’s the property owner’s choice. The Optional Overlay districts are providing two additional methods of development that do not require the legislative process for approval. A parcel located within an Optional Overlay zoning district would have three (3) development options without the need for Board of Supervisors approval of a Rezoning (ZMAP) or Zoning Conversion in Rt. 28 Tax District (ZRTD) for such parcel:
- Develop under its existing zoning under the 1972 Zoning Ordinance, 1993 Zoning Ordinance, or Revised 93 Zoning Ordinance;
- Develop under the Optional Overlay zoning district’s requirements, using the Standard Method of development; or
- Develop under the Optional Overlay zoning district’s requirements, using an Alternative Method of development.