5.1
Purpose. Article II establishes the Official Zoning Map that divides the County into zoning districts; establishes the purpose and requirements for each of the County's base zoning districts; and provides dimensional standards and bulk requirements that apply within all zoning districts.
5.2
Zoning districts listed.
A.
The base zoning districts listed in Table II-1 are hereby established
to provide land use regulations throughout Talbot County:
|
Table II-1. Zoning Districts Established
| |
|---|---|
|
Base Zoning Districts
| |
|
Conservation Districts
| |
|
AC
|
Agricultural Conservation
|
|
CP
|
Countryside Preservation
|
|
WRC
|
Western Rural Conservation
|
|
TC
|
Town Conservation
|
|
RC
|
Rural Conservation
|
|
Residential Districts
| |
|
RR
|
Rural Residential
|
|
TR
|
Town Residential
|
|
Village Districts
| |
|
VR
|
Village Residential
|
|
VH
|
Village Hamlet
|
|
VM
|
Village Mixed
|
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Nonresidential Districts
| |
|
LC
|
Limited Commercial
|
|
GC
|
General Commercial
|
|
LI
|
Limited Industrial
|
6.1
Establishment.
A.
The boundaries of zoning districts are shown on the Official Zoning
Maps of Talbot County, which are hereby made a part of this chapter.
B.
The Official Zoning Maps, together with amendments thereto, shall
be kept by the Planning Director in both digital and printed form.
In the event of a conflict between the digital and printed versions,
the digital version shall control.
C.
The Department of Planning and Zoning shall ensure that, where applicable,
each project submittal utilizes the digitally generated, georeferenced
Critical Area boundary, as shown on the Official Zoning Maps of Talbot
County, Maryland (Digital Version).
6.2
Interpretation of boundaries.
A.
Determination by Planning Director. Upon written request from a property
owner, the Planning Director shall issue a determination on the location
of a zoning district boundary, in accordance with the provisions of
Subsection B below.
B.
Interpretation of district boundaries. Where uncertainty exists as
to the boundaries of districts shown on the Official Zoning Maps,
the following rules shall apply:
1.
Boundaries indicated as approximately following the center lines
of existing or proposed streets, highways, alleys, or waterways shall
be construed as following such center lines.
2.
Boundaries indicated as approximately following property lines or
election district boundary lines shall be construed as following such
property lines or election district boundary lines.
3.
Boundaries indicated as following approximately the incorporated
limits of municipalities shall be construed as following such incorporated
limits.
4.
Boundaries indicated as approximately following County boundary lines
shall be construed as following such County boundary lines.
5.
Wherever a district adjoins a river or other body of water, the zone
boundary line shall be deemed to extend to the center line of such
body of water.
6.
Boundaries indicated as parallel to or extensions of features indicated
in Subsections B.1 through B.5 above shall be so construed.
7.
Where a boundary line is indicated as obviously not coinciding with
property lines, center lines, municipal incorporation limits or other
features as indicated in Subsection B.1 through B.6 above, the boundary
shall be scaled from the Official Zoning Map.
8.
For other circumstances not covered above, the Planning Director
shall determine the zoning district boundary after considering the
recommendation of the Planning Commission.
C.
Parcels divided by Critical Area boundary.
1.
Parcels that are divided by the Critical Area boundary and are partially
in the Rural Conservation or Rural Residential Zoning District:
a.
If a smaller portion of a divided property is less than two acres
in area, it is subject to the same zoning district as the larger portion.
However, all requirements of the Critical Area Overlay District still
apply to the Critical Area portion.
b.
If the smaller portion is two acres or larger, the parcel is subject
to two zoning districts, the zoning district for the portion outside
the Critical Area and the zoning district for the portion inside the
Critical Area.
2.
Parcels that are divided by the Critical Area boundary and are partially
in any other district:
a.
If a smaller portion of a divided property is less than one acre
in area, it is subject to the same zoning district as the larger portion.
However, all requirements of the Critical Area Overlay Districts still
apply to the Critical Area portion.
b.
If the smaller portion is one acre or larger, the parcel is subject
to two zoning districts, the zoning district for the portion outside
the Critical Area and the zoning district for the portion inside the
Critical Area.
8.1
Agricultural Conservation (AC).
A.
Purpose. The AC District is characterized by rural agricultural and
low-density residential uses. This district provides a full range
of agricultural activities, forestry, agribusiness uses and limited
single-family residential development. Development in this district
shall:
1.
Maintain and, wherever possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
2.
Conserve and protect agricultural lands and uses;
3.
Protect environmentally sensitive lands; and
4.
Preserve rural character through conservation of open space and agricultural
lands.
C.
Density and bulk requirements.
|
Table II-2. AC District Density and Bulk Requirements
| ||||
|---|---|---|---|---|
|
Type of Requirement
|
Requirement
| |||
|
1.
|
Maximum Density
|
See § 190-8.7 for additional requirements for calculating density.
| ||
|
a.
|
Original parcel less than 6 acres
|
1 dwelling unit per 2 acres
| ||
|
b.
|
Original parcel 6 acres or larger
|
3 dwelling units plus 1 dwelling unit per 20 acres
| ||
|
2.
|
Minimum Lot Dimensions
| |||
|
a.
|
Lot size
|
1 acre
| ||
|
b.
|
Lot width
|
100 feet
| ||
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| ||
|
Lots 2 Acres or Larger
|
Lots Less Than 2 Acres
| |||
|
a.
|
Front
|
50 feet
|
50 feet
| |
|
b.
|
Side
|
50 feet
|
15 feet
| |
|
c.
|
Rear
|
50 feet
|
25 feet
| |
|
4.
|
Height
|
See § 190-12.1.
| ||
8.2
Countryside Preservation (CP).
A.
Purpose. The CP District is characterized by rural agricultural and
low-density residential uses. This district protects the rural character
of land bordering the growth areas of incorporated towns; protects
farmland, forests, and open spaces, prevents sprawl, and provides
physical and visual boundaries to growth areas. Land within this district
should be targeted for permanent protection by creation of agricultural
and conservation easements; agricultural activities shall be preserved,
encouraged and protected. Development in this district shall:
1.
Maintain and, wherever possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
2.
Conserve and protect agricultural lands and uses;
3.
Protect environmentally sensitive lands; and
4.
Preserve rural character through conservation of open space and agricultural
lands.
C.
Density and bulk requirements.
|
Table II-3. CP District Density and Bulk Requirements
| ||||
|---|---|---|---|---|
|
Type of Requirement
|
Requirement
| |||
|
1.
|
Maximum Density
|
See § 190-8.7 for additional requirements for calculating density.
| ||
|
a.
|
Original parcel less than 6 acres
|
1 dwelling unit per 2 acres
| ||
|
b.
|
Original parcel 6 acres or larger
|
3 dwelling units plus 1 dwelling unit per 20 acres
| ||
|
2.
|
Minimum Lot Dimensions
| |||
|
a.
|
Lot size
|
1 acre
| ||
|
b.
|
Lot width
|
100 feet
| ||
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| ||
|
Lots 2 Acres or Larger
|
Lots Less Than 2 Acres
| |||
|
a.
|
Front
|
50 feet
|
50 feet
| |
|
b.
|
Side
|
50 feet
|
15 feet
| |
|
c.
|
Rear
|
50 feet
|
25 feet
| |
|
4.
|
Height
|
See § 190-12.1.
| ||
8.3
Western Rural Conservation (WRC).
A.
Purpose. The WRC District is characterized by rural agricultural
and low-density residential uses. This district protects the ecological,
scenic, and economic value of rural area in the western part of the
County. Because this district contains a high proportion of sensitive
natural areas, development is limited to low-density residential uses
with design guidelines to protect natural resources and limited highway
access. Agricultural activities shall be preserved, encouraged, and
protected. Development in this district shall:
1.
Maintain and, wherever possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
2.
Conserve and protect agricultural lands and uses;
3.
Protect environmentally sensitive lands; and
4.
Preserve rural character through conservation of open space and agricultural
lands.
C.
Density and bulk requirements.
|
Table II-4. WRC District Density and Bulk Requirements
| |||||
|---|---|---|---|---|---|
|
Type of Requirement
|
Requirement
| ||||
|
1.
|
Maximum Density
|
See § 190-8.7 for additional requirements for calculating density.
| |||
|
a.
|
Original parcel less than 6 acres
|
1 dwelling unit per 2 acres
| |||
|
b.
|
Original parcel 6 acres or larger
|
3 dwelling units plus 1 dwelling unit per 20 acres
| |||
|
2.
|
Minimum Lot Dimensions
| ||||
|
a.
|
Lot size
|
1 acre
| |||
|
b.
|
Lot width
|
100 feet
| |||
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| |||
|
Lots 2 Acres or Larger
|
Lots Less Than 2 Acres
| ||||
|
a.
|
Front
|
50 feet
|
50 feet
| ||
|
b.
|
Side
|
50 feet
|
15 feet
| ||
|
c.
|
Rear
|
50 feet
|
25 feet
| ||
|
4.
|
Maximum Lot Coverage
| ||||
|
a.
|
Lots created on or before June 22, 1991
| ||||
|
i.
|
Lot of 1/2 acre or less
|
25% of lot area
| |||
|
ii.
|
Lots larger than 1/2 acre and smaller than 1 acre
|
20% of lot area
| |||
|
iii.
|
Lots 1 acre or larger
|
15% of lot area
| |||
|
b.
|
Lots created after June 22, 1991: all lots
|
15% of lot area
| |||
|
c.
|
Lots with documentation that lot coverage greater than these
limits existed on or prior to June 22, 1991, may maintain the coverage
that existed as of June 22, 1991. If lot coverage is reduced, the
lower percentage shall be retained.
| ||||
|
5.
|
Height
|
See § 190-12.1.
| |||
8.4
Town Conservation (TC).
A.
Purpose. The TC District shall be characterized by agricultural and
low-density residential uses. This district protects the rural character
of land within designated growth areas around incorporated towns,
prevents sprawl, preserves the character and identity of towns, and
preserves the opportunity for orderly, well-planned, future growth
of these areas through resubdivision and redevelopment after annexation
into the towns. Development in this district shall:
C.
Density and bulk requirements.
|
Table II-5. TC District Density and Bulk Requirements
| |||
|---|---|---|---|
|
Type of Requirement
|
Requirements
| ||
|
1.
|
Maximum Density
|
See § 190-8.7 for additional requirements for calculating density.
| |
|
a.
|
Original parcel less than 6 acres
|
1 dwelling unit per 2 acres
| |
|
b.
|
Original parcel 6 acres or larger
|
3 dwelling units plus 1 dwelling unit per 20 acres
| |
|
2.
|
Minimum Lot Dimensions
| ||
|
a.
|
Lot size
|
1 acre
| |
|
b.
|
Lot width
|
100 feet
| |
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2
| |
|
a.
|
Front
|
50 feet
| |
|
b.
|
Side
|
15 feet
| |
|
c.
|
Rear
|
25 feet
| |
|
4.
|
Height
|
See § 190-12.1
| |
8.5
Resource Conservation (RC) (Critical Area only).
A.
Purpose. The RC District is characterized by natural environments
(wetlands, forests, or abandoned fields) and resource development
activities (agriculture, forestry, fisheries, or aquaculture). This
district conserves the irreplaceable agricultural, forested, and natural
environmental character of the County. Agricultural activities shall
be preserved, encouraged and protected. Development activities are
to be in the form of large lots or clustered lots outside of habitat
protection areas, without public water or sewer service. Development
in this district shall:
1.
Maintain and, wherever possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
2.
Conserve and protect agricultural lands and uses;
3.
Protect environmentally sensitive lands; and
4.
Preserve rural character through conservation of open space and agricultural
lands.
B.
Relationship to Critical Area. The RC District is applied only to areas of the County in the Resource Conservation Area of the Critical Area, unless granted growth allocation in accordance with § 190-55.5.K. All land within the RC District is also within the Critical Area Overlay District. (See § 190-15.)
C.
Subdivision design. Subdivisions shall comply with the Conservation Subdivision Design Standards of § 190-8.6.
D.
Density and bulk requirements.
|
Table II-6. RC District Density and Bulk Requirements
| |||
|---|---|---|---|
|
Type of Requirement
|
Requirements
| ||
|
1.
|
Maximum Density
|
See § 190-8.5E below for additional detail.
| |
|
a.
|
Density
|
1 dwelling unit per 20 acres, based on original parcel size
as of August 13, 1989
| |
|
b.
|
Density for receiving areas in joint subdivisions
|
1 dwelling unit per 5 acres for receiving areas in joint subdivisions.
See § 190-8.5F.
| |
|
2.
|
Minimum Lot Dimensions
| ||
|
a.
|
Lot size
|
2 acres
| |
|
b.
|
Lot width
|
200 feet
| |
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| |
|
a.
|
Front
|
50 feet
| |
|
b.
|
Side
|
25 feet
| |
|
c.
|
Rear
|
25 feet
| |
|
4.
|
Maximum Lot Coverage
|
See requirements in Critical Area Overlay District, § 190-15.6C.
| |
|
5.
|
Height
|
See § 190-12.1.
| |
E.
Density calculations for the RC District.
1.
Density and original parcel.
a.
The density in the RC District is one dwelling unit per 20 acres.
The number of lots allowed to be subdivided from a parcel, lot or
tract shall be based on the size of the original parcel, lot or tract
as of August 13, 1989.
b.
As provided in the Maryland Code, Natural Resources Article, Section
8-1808.1 (e)(ii), private wetlands may be included in calculating
the density of development, provided that:
2.
Density calculations for subdivision of lots created after August
13, 1989.
a.
Any lot or parcel that has been or is subdivided from an original
parcel may be further subdivided only if the lot has additional enumerated
development rights specifically granted to it by subdivision plat
notation.
b.
The total number of development rights permitted for the original
parcel, using current density standards and the original parcel size
as of August 13, 1989, shall not be exceeded through further subdivision,
except as necessary to allocate at least one development right to
each lot or parcel currently having development rights.
3.
Any revision approved after August 13, 1989, to the acreage of any
parcel, lot or tract may not be used to calculate or result in an
increase in density.
F.
Density transfer (joint subdivisions).
1.
A joint subdivision shall permit the transfer of development rights
from a sending parcel in the RC District to a receiving parcel also
in the RC District. Joint subdivisions allow residential development
rights to be transferred to parcels with eroding shorelines, subject
to implementation of measures that achieve shoreline stabilization.
2.
Joint subdivisions shall be processed and approved in the same manner
as other subdivisions.
3.
The sending area must be located within one of the following areas,
excluding portions of these areas that are within 500 feet (measured
landward) of shoreline with an erosion rate of at least two feet per
year and adjacent shoreline within 100 feet on both sides:
4.
The receiving area must be located within 500 feet (measured landward)
of shoreline with an erosion rate of at least two feet per year, including
adjacent shoreline within 100 feet on both sides.
5.
The maximum density on the receiving parcel, including both preexisting
development rights and transferred development rights, is one dwelling
unit per five acres. The total area of the receiving parcel(s) is
used for calculating the one-dwelling-unit-per-five-acre density.
6.
Dwelling units erected on the receiving parcel(s) by reason of the
transferred development rights must be placed within 500 feet, measured
landward, from the shoreline with an erosion rate of at least two
feet per year, including adjacent shoreline within 100 feet on both
sides.
7.
The joint subdivision approval shall be conditioned upon satisfactory
arrangements for the protection of the eroding shoreline on the receiving
parcel, and permanent protection of at least 20 acres of property
in the sending area for each development right transferred to receiving
parcel(s).
8.
The protection from future development of acreage in the sending
area shall be accomplished through recordation of a reserved land
agreement or reservation of development rights as deemed appropriate
by the Planning Director.
G.
Intrafamily transfers in the RC District. Notwithstanding the density
limits in the RC District, a lot of record that remains in the same
configuration and ownership as of March 1, 1986, located in the RC
District may subdivide the lot by means of a bona fide intrafamily
transfer subject to the following limits:
1.
A parcel that is at least seven acres and less than 12 acres may
be subdivided into not more than two lots, with the newly created
lot subject to the intrafamily transfer restrictions established in
this section.
2.
A parcel that is at least 12 acres and less than 40 acres in size
may be subdivided into not more than three lots, with the two newly
created lots subject to the intrafamily transfer restrictions established
in this section. A parcel at least 40 and less than 60 acres may be
subdivided into not more than three lots, with one of the newly created
lots subject to the intrafamily transfer restrictions established
in this section. The lots may be created at different times, provided
the intrafamily provision is utilized for all lots created after March
1, 1986.
3.
A lot created by means of an intrafamily transfer may be transferred
only to a member of the owner's immediate family for the purpose of
establishing a residence for that family member. For the purposes
of this section, "immediate family" means a father, mother, son, daughter,
sibling, grandfather, grandmother, grandson, or granddaughter who
has attained the age of 21 years.
4.
Only the recipient of a lot created through an intrafamily transfer
may request a building permit for a structure on a lot created through
this process. The building permit application for a primary residential
structure must be filed with the final subdivision plat creating the
lot. The residential structure must be completed within 18 months
of the permit approval. A single extension of this time period, not
to exceed 18 months, may be granted by the Planning Commission.
5.
A lot created through intrafamily transfer shall not be rented or
leased to any party except for a member of the owner's immediate family;
shall not be further subdivided; and is not eligible for joint subdivision.
6.
A lot created through intrafamily transfer shall not be conveyed
subsequently to any person other than a member of the owner's immediate
family (except for a conveyance to a third party as security for a
mortgage or deed of trust and except for a conveyance resulting from
court proceedings, including bankruptcy, divorce, mental competency,
probate, foreclosure, etc., or from the disposition of a will). A
variance from this limitation may be obtained from the Board of Appeals
with the applicant showing that:
a.
The lot was created as part of a bona fide intrafamily transfer and
not with the intent of subdividing the original parcel for the purpose
of ultimate commercial sale; and
b.
A change in circumstances has occurred since the original transfer
was made that is not inconsistent with this section and warrants an
exception. Changes in circumstances include situations where the intrafamily
transfer recipient has not resided in the County for five years prior
to application for a variance or suffers significant financial hardship.
The Board may define such hardship as being unable to meet all financial
obligations for the preceding six months.
7.
Any deed for a lot created by intrafamily transfer shall contain
a covenant stating that the lot is created subject to the provisions
of this section.
8.
The restrictions in Subsection G.3 through 7 above apply only to
the lots created pursuant to the intrafamily transfer provisions and
not to the remaining land or to lots not created through intrafamily
transfer.
9.
The remaining portion of the original parcel shall not be conveyed
to a different owner until the primary residential structures on lots
created through intrafamily transfer have been completed and occupied.
8.6
Conservation subdivision design standards. Within the conservation
districts, the following design standards shall be applied to subdivisions
to conserve farmland and natural resources.
A.
Subdivisions shall be designed and the lots located in a way that
preserves the agricultural and open space integrity of the remainder
of the property and retains contiguous areas of farmland or forest.
This standard governs location and design of all lots, whether clustered
or not.
B.
Development shall locate lots and subdivision roads to avoid conflicts
with existing farming operations through separation and preservation
of existing natural buffers.
C.
Particularly in the CP District, development should be sited to preserve
the rural landscape views from County and state roads.
D.
Residential lots and structures shall be located in the fringe edges
of woodlands and fields to the fullest extent possible.
E.
Landscapes shall be preserved in their natural state to the fullest
practical extent. Tree and soil removal shall be minimized. Topography,
drainageways, tree cover and other natural features shall be given
priority as fixed design determinants rather than elements to be changed
to follow a preferred development plan.
F.
Areas with environmental constraints may be included to calculate
density, but development shall minimize disturbance of these areas
and their buffers to the fullest practical extent.
G.
Subdivision plats shall contain plat notes to notify all lot owners
that:
H.
Proposed subdivisions shall include a concept plan for the entire
parcel or project showing potential future development. The concept
plan is nonbinding.
8.7
Density calculations for conservation subdivisions. The following
method of calculation applies to subdivisions in the AC, CP, WRC and
TC Districts. See § 190-8.5E for RC District density calculations.
A.
Original parcel. The density and number of lots allowed to be subdivided
from a parcel, lot, or tract shall be based on the size of the original
parcel, lot, or tract as of June 22, 1991.
B.
Further subdivision.
1.
Any lot or parcel that has been or is subdivided from an original
parcel may be further subdivided only if the lot has additional enumerated
development rights specifically granted to it by subdivision plat
notation.
C.
Density calculations for subdivision of lots created after June 22,
1991:
1.
If the subdivision that created the lot or parcel was based on an
allowed density greater than the current density, the development
rights that were specifically granted to the lot by the plat shall
be adjusted to reflect current density requirements through the following
calculation:
a.
Calculate the development rights for the original parcel based on
the current density requirements of this article and the acreage of
the original parcel on June 22, 1991.
b.
Calculate the development rights for the original parcel based on
the density standard used for the prior recorded subdivision and the
acreage of the original parcel on June 22, 1991.
c.
Divide the development rights based on current density by the development
rights based on the June 22, 1991 regulations to obtain the development
rights factor.
d.
Multiply the enumerated development rights granted on the plat by
the development rights factor. This product equals the number of available
development rights for the lot.
e.
No lot, parcel, or tract shall be allocated less than one development
right. Development rights shall be allocated in whole numbers, with
fractional development rights of 0.50 or greater rounded up to the
nearest whole number.
2.
The total number of development rights permitted for the original
parcel, using current density standards and the original parcel size
as of June 22, 1991, shall not be exceeded through further subdivision,
except as necessary to allocate at least one development right to
each lot or parcel currently having development rights and to round
up fractional development rights greater than 0.50.
8.8
Cluster subdivision standards. The following standards apply to development
in the in the AC, CP and WRC Districts:
A.
Subdivisions in the AC, CP and WRC Districts must be designed as
cluster developments, in which most lots are clustered together on
a portion or portions of the site and reserved land is consolidated
and suitable for farming to the fullest practical extent.
B.
The maximum density in the AC, CP and WRC districts is one dwelling
per 20 acres, plus up to three additional lots depending upon original
parcel size. In Table II-7, Column B shows the number of permitted
lots resulting from the allowed density and Columns C, D and E establish
clustering requirements; i.e., the number of lots that must be clustered
and the maximum acreage in the clustered lots.
C.
Subdivisions shall include reserved land as follows:
1.
For each development right utilized or allocated from an original
parcel, reserved land shall be established such that the lot plus
the reserved land totals at least the acreage of the original parcel
divided by the total number of development rights available on June
13, 2009.
D.
The clustering requirements and number of development rights in the
AC, CP and WRC Districts are shown in Table II-7:
|
Table II-7. Cluster Requirements
| ||||
|---|---|---|---|---|
|
Column A Parcel Size
(acres)
|
Column B Maximum Lots
(including remainder of original parcel)
|
Column C Minimum Clustered Lots
|
Column D Maximum Total Acreage in Cluster Lots
|
Column E Maximum Nonclustered Lots
|
|
Less than 4
|
1
|
n/a
|
n/a
|
n/a
|
|
At least 4 and less than 6
|
2
|
n/a
|
n/a
|
n/a
|
|
At least 6 and less than 20
|
3
|
2
|
7
|
1
|
|
At least 20 and less than 40
|
4
|
2
|
7
|
2
|
|
At least 40 and less than 60
|
5
|
3
|
11
|
2
|
|
At least 60 and less than 80
|
6
|
3
|
11
|
3
|
|
At least 80 and less than 100
|
7
|
4
|
14
|
3
|
|
100 acres or larger
|
3 plus 1 lot per 20 acres
|
All except 3 lots
|
3.5 acres times the number of cluster lots
|
3
|
9.1
Rural Residential District (RR).
A.
Purpose. This district shall be characterized by low-intensity residential
uses. The purpose of this district is to protect the environment and
preserve natural resources in the rural areas of the County while
allowing a limited degree of residential development. Development
is to be in the form of large lots or clustered lots outside of habitat
protection areas, generally without public water or sewer service.
Development in this district shall:
1.
Maintain and, whenever possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
2.
Maintain, to the extent practical, existing areas of natural habitat;
and
3.
Accommodate low-intensity residential development that conforms to
the water quality and habitat protection criteria in this chapter.
B.
Density and bulk requirements.
|
Table II-8. RR District Density and Bulk Requirements
| |||
|---|---|---|---|
|
Type of Requirement
|
Requirement
| ||
|
1.
|
Maximum Density
| ||
|
a.
|
Basic density
|
1 dwelling unit per 5 acres
| |
|
2.
|
Minimum Lot Dimensions
| ||
|
a.
|
Lot size
|
2 acres
| |
|
b.
|
Lot width
|
200 feet
| |
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| |
|
a.
|
Front
|
50 feet
| |
|
b.
|
Side
|
25 feet
| |
|
c.
|
Rear
|
25 feet
| |
|
4.
|
Height
|
See § 190-12.1.
| |
9.2
Town Residential District (TR).
A.
Purpose. The TR District is characterized by existing moderate-intensity
residential uses. This district recognizes existing residential neighborhoods
near incorporated towns, and allows compatible infill development
while preserving existing natural habitat wherever possible. Public
water and sewer service should be provided. Development in this district
shall:
1.
Maintain and, whenever possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
2.
Accommodate additional residential development, provided that water
quality is not impaired;
3.
Conserve and enhance fish, wildlife, and plant habitats to the extent
possible; and
4.
Encourage retrofitting to address existing stormwater management
problems.
B.
Density and bulk requirements.
|
Table II-9. TR District Density and Bulk Requirements
| ||||
|---|---|---|---|---|
|
Type of Requirement
|
Requirement
| |||
|
Without Public or Shared Sewer Service
|
With Public or Shared Sewer Service
| |||
|
1.
|
Maximum Density
|
1 dwelling unit per acre
|
4 dwelling units per acre
| |
|
2.
|
Minimum Lot Dimensions
| |||
|
a.
|
Lot size
|
1 acre
|
10,000 square feet
| |
|
b.
|
Lot width
|
100 feet
|
75 feet
| |
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| ||
|
a.
|
Front
|
50 feet
|
25 feet
| |
|
b.
|
Side
|
15 feet
|
10 feet
| |
|
c.
|
Rear
|
25 feet
|
25 feet
| |
|
4.
|
Height
|
See § 190-12.1.
| ||
10.1
Purpose.
A.
Village districts generally. The village districts provide for limited
development in scale with the existing character of the village. The
village districts' growth shall be consistent with historic patterns,
and shall be of modest scale. Areas intended for more significant
growth are located near Easton and the County's other municipalities.
The villages have a sense of identity and continuity formed
by the existing buildings, mature trees and landscaping, natural features
and historic street patterns. Buildings in the villages display characteristics
of varying styles and time periods. These regulations are intended
to provide for continued use of and improvements to existing buildings
and to promote design for new development that respects the traditional
village patterns of development.
It is intended that all development in the Village zoning districts
shall:
1.
Maintain and, whenever possible, improve the quality of runoff and
groundwater entering the Chesapeake Bay and its tributary streams;
2.
Maintain, to the extent practical, existing areas of natural habitat;
3.
Accommodate additional low- or moderate-intensity development, if
development conforms to this chapter's water quality and habitat protection
criteria;
4.
Be compatible with and complement the character of the existing community
in terms of land use, density, scale, setbacks, site layout, mix of
use, and general design to maintain the villages' unique "sense of
place";
5.
Maintain densities that reflect village lot sizes existing after
zoning boundary modifications. Existing dwelling units per acre and
other factors will be considered through the rezoning process, keeping
in mind the unique character of each village or portion thereof; and
6.
Where needed, be granted sewer connection consistent with allocation
policies in Water Quality Strategy Areas Tier III-B to resolve failing,
inadequate and substandard septic systems within villages and allow
for infill, redevelopment and new development on existing lots of
record.
B.
Village Mixed (VM). The Village Mixed District provides for low-
or moderate-intensity residential and commercial uses. This district
may contain a mixture of residential, commercial, and maritime/agricultural
service uses. The commercial and service uses serve residents of the
village and nearby areas, and may include heritage tourism uses to
attract visitors. Limited new development is directed to this district
so that the environment and natural resources of nearby rural areas
are protected and preserved. These districts may have public water
and/or sewer service with relatively smaller lots and higher densities
than surrounding rural areas.
C.
Village Hamlet (VH). The Village Hamlet District is characterized
by low- or moderate-intensity residential and limited commercial uses.
This district is intended for principally residential use, with limited
compatible commercial uses that serve residents of the village and
nearby areas. The scale and intensity of commercial uses shall comport
with the existing development pattern. Limited new residential and
suitable commercial development is directed to this district, so that
the environment and natural resources of nearby rural areas are protected
and preserved. These districts may have public water and/or sewer
service with relatively smaller lots and higher densities than surrounding
rural areas.
D.
Village Residential (VR). The Village Residential District provides
for low- or moderate-density residential use. Limited new infill residential
development is directed to this district, so that the environment
and natural resources of nearby rural areas are protected and preserved.
These districts may have public water and/or sewer service; however,
these services should not be the basis for new development inconsistent
with the established scale or character of the Village.
10.2
Bulk requirements and median lot size.
A.
Bulk requirements. Table II-10 establishes density, lot dimension,
setback and lot coverage requirements for the village districts.
|
Table II-10. Village District Bulk Requirements
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Type of Requirement
|
VM
|
VH
|
VR
| |||||
|
Without Public Sewer
|
With Public Sewer
|
Without Public Sewer
|
With Public Sewer
|
With or Without Public Sewer
| ||||
|
1.
|
Maximum Density
| |||||||
|
Basic Density
|
1 dwelling per acre
|
1 dwelling per acre
|
1 dwelling per acre
|
1 dwelling per acre
|
1 dwelling per acre
| |||
|
2.
|
Minimum Lot Dimensions
| |||||||
|
a.
|
Lot size
|
1 acre
|
30,000 square feet
|
1 acre
|
30,000 square feet
|
1 acre
| ||
|
b.
|
Lot width
|
100 feet
|
100 feet
|
100 feet
| ||||
|
3.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| ||||||
|
a.
|
Front
|
25 feet
|
25 feet
|
25 feet
| ||||
|
b.
|
Side
| |||||||
|
i.
|
From VM, VH and VR Districts
|
10 feet
|
10 feet
|
20 feet
| ||||
|
ii.
|
From all other zoning districts
|
25 feet
|
25 feet
|
25 feet
| ||||
|
c.
|
Rear
|
25 feet
|
25 feet
|
25 feet
| ||||
|
4.
|
Maximum site coverage for all buildings and uses, not including
parking areas and access drives:
| |||||||
|
a.
|
Outside Critical Area
|
25%
|
25%
|
25%
| ||||
|
b.
|
Within Critical Area
|
Use Critical Area lot coverage limits. (See § 190-15.6C.)
| ||||||
|
5.
|
Height
|
See § 190-12.1.
| ||||||
B.
Median lot size.
1.
New subdivisions using public sewer service shall maintain a median
lot size of one acre or less, not including the remaining land.
2.
Median lot size may be increased through a waiver petition if approved
by the approving authority for the subdivision. The approving authority
must find that a larger average lot size will result in a better site
design or is necessary due to the site's physical constraints.
10.3
10.4
Design standards.
A.
Application of standards.
1.
The design standards below are to be applied in a manner that achieves
the purposes of the district. The Planning Commission or Planning
Director, as applicable, shall apply these standards in review of
development applications.
2.
Expansion or alteration of existing buildings or site improvements shall comply with the standards of this § 190-10.4 to the extent feasible for the portion of the building or site impacted by the new improvements.
3.
The Planning Director may request a recommendation from the Planning
Commission on these standards for any application.
B.
Master plans for Village Planning Areas.
1.
Village Planning Areas consist of Village Mixed and Village Hamlet Zoning Districts as defined in § 190-10. Village master plans guide the evaluation of development proposals in Village Planning Areas by describing the village's character, and the compatibility and suitability of existing and proposed land uses, infrastructure, facilities and services associated with development and redevelopment.
2.
Village Master Plans include policies and elements addressing the
following: (i) village character; (ii) land use; and, (iii) infrastructure,
facilities, and services. small-scale subdivisions, major subdivisions,
and major site plans in Village Planning Areas shall be consistent
with the policies and elements of the village's Village Master Plan.
3.
The Planning Commission shall be responsible for reviewing consistency
with Village Master Plans. This review shall consider the following:
a.
Proposed design and layout of development, including features
such as the siting and scale of buildings and the placement and design
of landscaping, parking, pedestrian pathways, lighting, signs, and
other features; and
b.
Compatibility with existing character in terms of land use,
density, scale, setbacks, site layout, mix of use, and general design
to maintain their unique "sense of place".
4.
If no Village Master Plan has been adopted for a village, the applicant
for a small-scale subdivision, major subdivision, or major site plan
in a Village Planning Area shall submit with the application a comprehensive
study addressing compatibility and suitability of the proposed development
with existing and proposed land uses, infrastructure, facilities,
and services associated with the new development or redevelopment,
along with consideration of the elements of Subsection B.3 a. and
b. above, which the Planning Commission shall review in lieu of consistency
with the Village Master Plan.
C.
Site design and architectural standards. The approving authority
shall be guided by the following site design requirements and guidelines.
1.
Landscaping.
a.
Mature trees shall be protected during development, especially
along roadways.
b.
New and replacement trees along roadways should be chosen to
diversify the tree species and prevent loss due to disease.
c.
For new nonresidential development, street trees shall be provided
and the front yard areas between the building facade and the street
shall be landscaped using a variety of native plantings. This area
may be used for seating, canopies or awnings and other amenities.
2.
Parking.
a.
Off-street parking for nonresidential development shall, wherever
possible, be located to the rear or side of the building.
b.
When off-street parking is provided to the front or side of
nonresidential buildings, the parking area shall be separated from
the street by a landscaped edge incorporating trees as well as a hedge,
fence, wall or shrubs at least two feet in height.
c.
When possible, residential garages and parking should be located
to the side or rear of the lot.
3.
Fences, display and storage areas.
a.
Walls and fences shall be uniform and compatible with the architectural
style and building material of the building.
b.
If needed, off-street loading areas shall be provided to the
rear of new, nonresidential structures.
c.
Outdoor sales or display areas shall be screened from adjacent
residentially zoned land by a solid fence or landscape screen and
shall not be located within a setback area or a required landscaped
area.
d.
Commercial outdoor storage areas, exposed machinery, and outdoor
areas used for storage and collection of trash shall be located in
a side or rear yard, shall not be located within a setback area or
required landscaped area, and shall be visually screened from roads
and public areas. This does not include the personal property or equipment
of watermen, farmers, or other residents who are not regulated as
cottage industries.
4.
Sidewalks and pathways.
a.
Sidewalks and pedestrian paths or easements for future improvements
shall be provided where specified in the Village Master Plan.
b.
Pedestrian access connecting buildings and parking areas for
nonresidential uses, or dedicated easements for future improvements,
shall be provided as feasible based on site characteristics, lot coverage
limitations, and stormwater management goals.
c.
Sidewalks should be separated from the roadway by a planting
strip at least four feet wide where feasible based on right-of-way
width.
5.
6.
Signs. In addition to the sign standards of § 190-42, the following standards apply within the village zones.
a.
Sign size, materials, color, lettering, placement, and illumination
shall respect the character of existing buildings and be designed
as an integral architectural element.
b.
Signs located above or projecting from the roofline or parapet
wall are not permitted.
c.
The maximum height of freestanding signs shall be eight feet.
d.
Pole-mounted commercial signs are not permitted.
e.
A nonresidential use may have one double-sided monument sign
per street frontage, not to exceed 60 square feet per side.
7.
Architectural standards. The following standards apply to new buildings
for commercial or institutional use.
a.
Buildings shall be designed with architectural details that
provide visual interest and contribute to a pedestrian orientation
on facades facing a street.
b.
Buildings shall have a principal facade with windows and an
entry (with operable doors) facing a street. Buildings may have more
than one principal facade and/or entry.
c.
All sides of a proposed building visible from a roadway or public
area shall be of finished quality and consistent in material and style
with the front facade.
d.
Canopies or awnings may extend into the front setback area a
maximum of two feet and shall have a clearance height of at least
eight feet.
e.
Generally, sloped roofs are consistent with traditional architecture
of the villages. (See Figure II-1.) To the greatest extent possible,
a sloped roof representative of the traditional architectural forms
in the area shall be used for a new primary structure.
f.
Flat roofs may be allowed on multistory, nonresidential buildings
as long as the roofline projects outward from the building surface
as a cornice or parapet.
 Figure II-1. Sloped Roof Styles
|
11.1
Limited Commercial (LC).
A.
Purpose. This district shall be characterized by low-intensity commercial
uses. The LC District provides opportunity for commercial and office
development serving local clients. The overall intensity and prevailing
character of each particular area within the LC District, as identified
by current densities and land uses, shall be maintained. Development
in this district shall:
1.
Maintain and, if possible, improve the quality of runoff and groundwater
entering the Chesapeake Bay or its tributary streams;
2.
Accommodate additional development, provided that water quality is
not impaired;
3.
Conserve and enhance fish, wildlife, and plant habitats to the extent
possible;
4.
Encourage retrofitting to address existing stormwater management
problems; and
5.
Avoid the creation of nuisances due to odor, dust, fumes, heat, fire,
glare, vibrations, noise, other hazardous conditions, or air or water
pollution.
11.2
General Commercial (GC).
A.
Purpose. This district shall be characterized by moderate-intensity
commercial uses. The GC District provides opportunity for a broad
range of commercial activities, including retail, wholesale, storage,
and contracting activities. Development in this district shall:
1.
Maintain and, if possible, improve the quality of runoff and groundwater
entering the Chesapeake Bay or its tributary streams;
2.
Accommodate additional development, provided that water quality is
not impaired;
3.
Conserve and enhance fish, wildlife, and plant habitats to the extent
possible;
4.
Encourage retrofitting to address existing stormwater management
problems; and
5.
Avoid the creation of nuisances due to odor, dust, fumes, heat, fire,
glare, vibrations, noise, other hazardous conditions, or air or water
pollution.
11.3
Limited Industrial (LI).
A.
Purpose. This district shall be characterized by low-intensity manufacturing
uses. The LI District provides opportunity for light industrial/office-research
uses that provide employment and services to local residents and businesses.
Development in this district shall:
1.
Maintain and, if possible, improve the quality of runoff and groundwater
entering the Chesapeake Bay or its tributary streams;
2.
Accommodate additional development, provided that water quality is
not impaired;
3.
Conserve and enhance fish, wildlife, and plant habitats to the extent
possible;
4.
Encourage retrofitting to address existing stormwater management
problems; and
5.
Avoid the creation of nuisances due to odor, dust, fumes, heat, fire,
glare, vibrations, noise, other hazardous conditions, or air or water
pollution.
11.4
Commercial and industrial district bulk requirements.
|
Table II-11. Commercial and Industrial District Bulk Requirements
| ||||||
|---|---|---|---|---|---|---|
|
Type of Requirement
|
LC
|
GC
|
LI
| |||
|
1.
|
Minimum Lot Size
|
20,000 square feet
|
20,000 square feet
|
1 acre
| ||
|
2.
|
Minimum Setbacks
|
See supplemental setback requirements in § 190-12.2.
| ||||
|
a.
|
Front
|
50 feet
|
50 feet
|
25 feet
| ||
|
b.
|
Side
| |||||
|
i.
|
From LC, GC and LI Districts
|
10 feet
|
10 feet
|
10 feet
| ||
|
ii.
|
From all other zoning districts
|
25 feet
|
25 feet
|
25 feet
| ||
|
c.
|
Rear
| |||||
|
i.
|
From LC, GC and LI Districts
|
10 feet
|
10 feet
|
10 feet
| ||
|
ii.
|
From all other zoning districts
|
25 feet
|
25 feet
|
25 feet
| ||
|
3.
|
Maximum site coverage for all buildings and uses, not including
parking areas and access drives:
| |||||
|
a.
|
Outside Critical Area
|
25%
|
25%
|
50%
| ||
|
b.
|
Within Critical Area
|
Use Critical Area lot coverage limits
| ||||
|
4.
|
Height
|
See § 190-12.1.
| ||||
12.1
Structure height limitations. Structures shall comply with the following
height limits.
|
Table II-12. Structure Height
| ||
|---|---|---|
|
Type of Structure
|
Maximum Height
(feet)
|
Additional Requirements
|
|
Dwellings and agricultural structures; includes ornamental towers
and other design features
|
40
| |
|
Primary commercial, industrial or institutional structures
|
40, except 35 in the Gateway Overlay District
| |
|
Chimneys, church belfries or spires, conveyers, and private
radio and television antennas
|
75
|
Minimum base zoning setback plus 1 additional foot in setback
for each foot in height over 40 feet.
|
|
Fire towers, silos, hospitals and public monuments
|
100
|
Minimum base zoning setback plus 1 additional foot in setback
for each foot in height over 40 feet.
|
|
Grain elevators
|
200
|
Minimum base zoning setback plus 1 additional foot in setback
for each foot in height over 40 feet. Minimum setbacks for new grain
elevators on parcels with an existing grain processing, drying and
storage use shall be 100 feet.
|
|
Grain processing, drying and storage structures (wholesale and
commercial)
|
100
|
Minimum base zoning setback plus 1 additional foot in setback
for each foot in height over 40 feet except for new or expanded structures
in the VM or VH Districts, where the minimum setback for such structures
shall be in accordance with § 190-26.13.C
|
|
Antenna towers for essential communications; for radio and television broadcasting facilities and other nonessential communication; and for wireless communication (See Article IV.)
|
200
|
Minimum required setback is 10 feet greater than the height
of the tower, except that, for concealed towers the minimum setback
shall be base zoning setback plus 1 additional foot in setback for
each foot in structure height over 40 feet. The height of a concealed
tower shall not be greater than the distance from the base of the
tower to the primary structure on an adjacent property.
|
|
Residential accessory buildings on lots of 2 acres or less
|
25
|
Observation towers, spires and other ornamental or design features
that are higher than the primary roof of an accessory building and
do not cover more than 25% of the roof area may exceed the 25-foot
height limit by no more than 5 feet.
|
|
Residential accessory buildings on lots larger than 2 acres.
|
30
|
Observation towers, spires and other ornamental or design features
that are higher than the primary roof of an accessory building and
do not cover more than 25% of the roof area may exceed the 30-foot
height limit by no more than 5 feet.
|
|
Wind turbine towers (See Article IV)
|
160
|
Minimum required setback shall be 10 feet greater than the total
height of the tower.
|
12.2
Supplemental setbacks. The following setback requirements apply in addition to the setbacks established for each zoning district in Articles II and III.
A.
Front setback reduction for infill lots. In the AC, CP, WRC, TC,
RC, RR, TR, VR, VH and VM Districts, the front setback for a new primary
residential structure on an infill lot may be reduced to:
1.
The smaller of the front setbacks of the two closest primary buildings
on the same side of the street, but no less than 15 feet; or
2.
A different setback, no less than 15 feet, proposed by the applicant
and approved by the Planning Director, that more closely reinforces
the established pattern of front setbacks along the street.
B.
Major highways.
1.
Setbacks from arterial highways (Routes 33, 50, 322, 328, 331, 333,
and 404) shall be 150 feet in the AC, CP, WRC, TC, RC and RR Districts,
and 50 feet in all other districts.
2.
Setbacks from all other state highways shall be 100 feet in the AC,
CP, WRC, TC, RC and RR Districts, and 50 feet in all other districts.
3.
The above setbacks shall not apply within the Gateway Overlay District.
4.
The front setback reduction for infill lots established in Subsection
A above may be applied to reduce these setbacks from highways.
C.
Corner lots.
1.
On corner lots created on or before June 22, 1991, the setback from
the secondary street, as determined by the Planning Director, shall
be 1/2 of the front setback, provided that the setback is sufficient
to provide clear vision as required below. Corner lots created after
June 22, 1991, shall comply with the required front setback for both
street frontages.
2.
Clear-vision area on corner lots.
a.
A clear-vision area shall be maintained on the corners of all
property at the intersection of two streets.
b.
A clear-vision area shall consist of a triangular area as shown
in Figure II-2 and described below:
i.
Two sides of the triangular area are lot lines measured a distance
of at least 25 feet from the intersection of the street right-of-way
lines (or, if the right-of-way has rounded corners, the lines extended
in a straight line to a point of intersection and so measured);
ii.
The third side of the triangular area is a line across the corner
of the lot joining the nonintersecting ends of the two right-of-way
lines.
c.
A clear-vision area shall contain no planting, fence, wall,
structure, or temporary or permanent obstruction exceeding 2 1/2
feet in height, measured from the established street center-line grade,
except that trees exceeding this height may be located in this area,
provided that all branches and foliage are removed to a height of
eight feet above grade.
|
Figure II-2. Illustration of Clear Vision Area at Intersection
 |
D.
Through lots. For a through lot which lies between two streets, a
front setback shall be required from both streets.
E.
Setback measured from right-of-way. If a lot includes all or part
of the right-of-way of a street or road, the setback shall be measured
from the nearest edge of the road right-of-way or road easement.
12.3
Bulk requirements for accessory structures.
A.
Setbacks and separation.
1.
In all zoning districts, the minimum required side and rear setbacks
may be reduced by half for accessory residential storage structures
with 300 square feet of gross floor area or less and height of 20
feet or less.
2.
Accessory buildings shall be located a minimum distance of 10 feet
from any other building, not including decks and walkways with a height
of no more than 12 inches above grade and having no railings or roof.
B.
Fences and walls.
1.
Categories. Fences shall be classified in the following categories:
a.
Open fences are fences that do not restrict visibility. Open
fences include wire, post and rail, paddock, picket, and other fences
in which more than 50% of the fence area is left open.
b.
Closed fences include board on board, privacy or stockade fences,
or fences in which 50% or less of the fence area is open. A chain-link
fence, with or without slats, shall be considered a closed fence.
Walls that serve the same purpose as a closed fence are considered
closed fences.
c.
For determining whether a fence is open or closed, the fence
area is defined as the surface area from the bottom to the top of
the fence section, including stringers supporting the section but
not the post area above or below the fence section.
2.
The height of a fence shall be measured to the top of the stringers
or horizontal members. Fence posts may exceed the allowed height by
a maximum of six inches.
3.
Fences and walls shall comply with structure setback requirements,
except as provided in Table II-13. The setback exemptions in Table
II-13:
a.
Do not allow construction of fences within the Shoreline Development
Buffer.
b.
Do not apply to fences surrounding a tennis court or other game
court. Game courts and associated fences must comply with setbacks.
|
Table II-13. Exemptions from Setbacks for Certain Fences
| ||||
|---|---|---|---|---|
|
Fence Type/Height
|
Land Use
|
Required Setbacks
| ||
|
1.
|
Open fences 4 feet or less in height
|
All locations
|
Exempt from setback requirements
| |
|
2.
|
Open fences more than 4 feet and no more than 6 feet in height;
or closed fences 6 feet or less in height
|
Accessory to residential uses
|
a.
b.
|
Exempt from side and rear setback requirements
Any part of the fence within 30 feet of an adjacent dwelling
must comply with required setbacks if the primary entrance of the
adjacent dwelling is on the side of the dwelling facing the fence.
The 30-foot distance shall be measured along a line perpendicular
to the side of the dwelling with the primary entrance. The owner of
the adjacent dwelling may waive this limitation in writing.
|
|
3.
|
Open or closed fences more than 4 feet and no more than 10 feet
in height
|
Accessory to commercial, industrial or agricultural use
|
a.
b.
|
Exempt from setback requirements
However, if the property adjacent to the fence is zoned RR,
TR, VM, VH, or VR, the portion of the fence adjacent to the listed
district shall conform to required setbacks. The owner of the adjacent
property(s) may waive this limitation in writing.
|
|
4.
|
Driveway entry features, limited to gates no more than 6 feet
in height and supporting posts no more than 7 feet in height
|
Accessory to principal use
|
Exempt from setback requirements
| |
