A.
The following PDDs are therefore set forth in the
text of this chapter, with specific boundaries to be established on
the Official Zoning Map after approval by the County Council of a
preliminary development plan. These districts are floating districts
and under Maryland case law are analogous to special exceptions. Criteria
for establishment of these districts are set forth in the purpose
for each district and shall be the basis for approval or denial by
the County Council without the necessity of showing a mistake in the
original zoning or a change in the neighborhood.
B.
Application for the establishment of a floating district shall be made in accordance with the procedures applicable to the amendment of zoning districts set forth in § 225-20, Amendments, of this chapter.
(1)
Such application shall include a development plan
that sets forth the land uses requested.
(2)
It shall not be necessary for the applicant to show
a mistake in the original zoning district boundaries or a change in
the character of the area in order for the County Council to approve
the floating district request.
C.
The Planning Commission shall make an analysis of
and recommendation concerning the proposed district.
D.
The County Council, upon consideration of the recommendations
of the Planning Commission, may approve a floating district when it
finds that the proposed district satisfies the purposes and standards
of this section, including the following:
(1)
All necessary infrastructure for the proposed development
is or will be made available to the district at the time and location
required.
(2)
The proposed district will not adversely affect the
health, safety and general welfare of the residents or workers in
the area.
(3)
The proposed district is compatible with and will
not be detrimental to the use or development of adjacent properties
or the general neighborhood.
(4)
The proposed development has been designed so as to
minimize possible adverse affects on adjacent properties or on the
immediately surrounding area.
(5)
The proposed development will not adversely affect
the transportation network or unduly burden water, sewer, schools,
parks, stormwater management areas, including streams, or other public
facilities.
(6)
The proposed development will not adversely affect
the environmental or historical assets of particular interest to the
community as may be identified in any adopted plan of the county.
E.
Upon final approval by the County Council, the district
boundary shall be shown on the official Zoning Map.
A.
Purpose and intent.
(1)
It is the purpose of the CID to implement the recommendations
of the Comprehensive Plan to establish a mechanism and appropriate
standards for locating new, large-scale regional corporate and multi-use
industrial centers in areas not currently mapped for such use, but
which may be particularly well suited for these uses.
(2)
The CID will encourage the best possible design of
buildings and site planning under a development plan and provide for
more efficient use of land and the provision of public services.
(3)
This district provides opportunities for alternative
densities, lot sizes and other bulk regulations. It is in the best
interest of the county, therefore, that these districts be approved
by the County Council in accordance with specific plans to assure
that the county will benefit from the proposed district with a minimum
impact on the surrounding areas and the environment.
(4)
Additional purposes of this district are:
(a)
To promote and facilitate economic development
at appropriate locations within the county;
(b)
To encourage development which presents an attractive
appearance and is compatible with uses in the surrounding area by
means of appropriate siting of buildings, service areas and landscape
treatment;
(c)
To locate development on sites served by one
or more major highways and on sites that are clearly suitable for
the physical characteristics of development for such uses;
(d)
To provide a more flexible approach to the comprehensive
development of large tracts of land in terms of land use, intensity
and design;
(e)
To require the orderly, staged construction
of large-scale, comprehensively planned corporate and industrial centers;
(f)
To assure compatibility of land uses proposed
in such a development with uses in the area surrounding the site by
incorporating appropriate standards of land planning and site design;
and
(g)
To be used to implement the Comprehensive Plan
and other county plans and policies in a manner consistent with said
county plans and policies.
B.
Uses.
(1)
Uses permitted shall be those uses permitted in an
I-1 Light Industrial District.
(2)
Any use permitted inherently or by special exception in a C-2 General Commercial, C-3 Regional Commercial, and any other use approved by Council, on the recommendation of the Planning Commission, except those uses set forth in Subsection B(3), below, when such use is:
(3)
The following uses are prohibited in a CID:
(a)
Car washes.
(b)
Motor vehicle sales and motor vehicle service.
(c)
Boat sales, service or repair facilities.
(d)
Consignment sales.
(e)
Farm equipment sales, service or repair.
(f)
Manufactured home parks.
(g)
Manufactured home sales and service.
(h)
Mobile office.
(i)
Outdoor advertising structures.
(j)
Campgrounds or travel trailer parks.
(k)
Temporary mobile residences or travel trailers.
(l)
Sanitary landfill operations.
C.
Outdoor storage. Outdoor storage shall be provided
for all uses in accordance with the requirements of Part 11.
D.
Minimum land area: The proposed site for a CID shall
contain a minimum contiguous land area of five acres.
E.
Setback requirements. Setback requirements shall be
identical to those provided for the I-1 Light Industrial District
and shall be applied to all uses in the CID, regardless of their classification
as industrial or commercial unless specifically approved by the Planning
Commission.
F.
Front yard limitations. No outdoor storage of materials
or supply storage yards shall be permitted within the front setback
requirement on each site.
G.
Signs. Signs shall be provided for all uses in accordance
with the requirements of Part 9.
H.
Parking requirements. Off-street parking and loading
and unloading space shall be provided for all uses in accordance with
the requirements of Part 10.
I.
Landscaping. Landscaping shall be provided for all
uses in accordance with the requirements of Part 11.
A.
Purpose. It is the intent of this district to control
the placement, design, use, and density of well-planned, residential
development which offers a variety of building types and a more efficient
overall use of land and, within these limits, to permit the optimum
amount of flexibility and variety in the design of such varying types
of residential structures including single- and two-family dwellings,
townhouses and apartment buildings. Within the intention of these
regulations, the following objectives are sought:
(1)
To provide a more attractive and varied living environment
than would be possible through the strict application of R-8, R-15
and R-20 Residential Districts and TT Town Transition District requirements.
(2)
To encourage developers to use a more creative approach
in the development of land and open space.
(3)
To encourage variety in the physical development pattern
of residential areas.
B.
Where permitted.
(1)
A PUD is permitted in R-8, R-15 and R-20 Residential
Districts and TT Town Transition District, subject to an approved
development plan.
C.
Permitted uses. PUDs are contemplated to be primarily
residential in use. However, PUDs of sufficient size and appropriate
character may have elements of commercial development which are incidental
to the PUD and are intended primarily for the use of its residents.
Permitted uses are as follows:
(1)
Single-family and two-family dwelling units;
(2)
Zero-lot-line development;
(3)
Townhouses;
(4)
Apartments, limited to no more than 12 units per acre;
(5)
An office, temporary or permanent, belonging to the
developer and clearly incidental to management and sales operations
of the PUD;
(6)
Temporary structures incidental to construction and
meant to be removed when construction is complete; and
(7)
In a PUD of 50 acres or more, a planned commercial
center may be permitted as follows:
(a)
Such commercial center shall be an integral
part of the plan for the PUD.
(b)
The total aggregate area of all the commercial
establishments and their parking area shall be established in the
approval of the development plan but in no case shall be greater than
1% of the gross site area.
(c)
The Planning Commission may increase the total
aggregate area of all commercial establishments up to 2% of the gross
site area when the project includes purchase of transferable development
rights for the A-1 Agriculture-Rural District.
(d)
Planned commercial uses shall be compatible
with the residential nature of the PUD. These may include any use
listed as permitted or special exception uses in the C-1 Select Commercial
District.
(e)
No construction on the planned commercial center
shall begin until 30% of the total planned residential units are completed.
(8)
Land and places for public assembly, recreational,
governmental, or community buildings and accessory uses or buildings.
The Planning Commission may require the reservation of lands for such
uses if it is deemed advantageous or necessary for the purpose of
serving the PUD and the local community.
D.
Density.
(1)
The total density in the PUD shall be as established
in the Schedule of Maximum and Minimum Permitted Residential Densities.
(2)
Each phase of a multiphase PUD should be able to stand
as an independent development. At no point in the development of a
multiphase PUD development shall the density of residential development
in a completed phase of the project area exceed the approved maximum
density established in the Schedule of Maximum Permitted Residential
Densities.
E.
Development standards. The following development standards
shall apply to the PUD:
(1)
The setback, lot size, lot dimensions, lot coverage
and height, in the planned unit development shall be established for
each individual project by the Planning Commission. In establishing
these requirements, the Planning Commission shall consider such factors
as the proposed development intensity and the existing character of
the neighborhood.
(2)
Land coverage. Maximum land area that may be built
over by parking lots, roads, sidewalks, or plazas, buildings, or other
structures: 60% of the gross land area of the PUD.
(3)
Open space requirements.
(a)
Common open space shall be used for social,
recreational, and/or natural environment preservation purposes.
[1]
The uses authorized must be appropriate to the
character of the common open space, including topography, size, and
vegetation; as well as to the character of development, including
its size and density, the characteristics of the expected population,
and the number and type of dwellings to be provided.
[2]
The common open space shall be provided in the
form of internal open space and peripheral open space.
(b)
Common open space shall not include:
[1]
The land area of lots allocated for single-family
dwellings and two-family dwellings, including front, side and rear
setback requirements, whether or not the dwellings are sold or rented.
[2]
The land area of lots allocated for multifamily
dwelling construction, including front, side and rear setback requirements,
interior yards, and off-street parking facilities, whether or not
the dwellings are sold or rented.
[3]
The land area of lots allocated for commercial
use, including front, side and rear setback requirements, and parking
facilities.
[4]
The land area of lots allocated for public and
semipublic uses, community clubs and community facilities and front,
side and rear setback requirements, and other open space around the
buildings, and parking facilities.
[5]
Street rights-of-way, parkways, driveways, off-street
parking, and service areas, except the landscaped central median of
boulevards.
(c)
Internal open space shall contain a minimum
area of 20,000 square feet designed as village commons, town squares,
or community parks that provide active gathering places for residents
of the development.
(d)
Peripheral open space shall be required 100
feet in width surrounding a PUD where conditions exist adjacent to
the tracts as specified below:
A.
Purpose. It is in the best interest of the county
that a wide range of residential, commercial, and industrial development
be encouraged to meet the needs of the county and to accomplish sound
physical and economic planning. Planned development districts (PDD),
encouraging the best possible design of buildings and site planning
under a comprehensive plan of development, provide for more efficient
use of land and the provision of public services. Planned developments
provide opportunities for alternative densities, lot sizes and other
bulk regulations and often necessitate the special design and development
of public streets and utilities. It is in the best interest of the
county, therefore, that these planned developments be approved by
the County Council in accordance with specific plans to assure that
the community will benefit from the proposed development with a minimum
impact on existing development.
B.
Submission of applications and plans. Applications
for a PDD, including all plans, shall be made to the Planning Director
for review and recommendation by the Planning Commission and approval
by the County Council. Plans required for each step in the review
process shall be submitted to the same office for distribution to
appropriate agencies for review.
C.
Preapplication conference.
(1)
Before submitting an application, the applicant may
meet with the Directors of Public Works and Planning and Zoning for
a preapplication conference to provide the developer with information
concerning the requirements of this section, county policies and other
related regulations and to review the general concept of the proposed
development, before submission to the Planning Commission.
(2)
The Planning Director may furnish the applicant written
comments regarding such conference, including appropriate recommendations
to inform and assist the applicant prior to preparing detailed components
of the application.
D.
Submission of concept development plan.
(1)
An applicant may submit for provisional approval by
the Planning Commission a concept development plan as an optional
step in the application process for the purpose of obtaining assurance
that the project is acceptable in principle before significant expense
is incurred by the developer.
E.
Contents of concept development plan. If a concept
development plan is prepared, it shall include maps, drawn to approximate
scale, and written statements described in this section. The information
shall address enough of the area surrounding the proposed development
to demonstrate its relationship to both existing and permissible adjoining
uses.
(1)
The maps, which are part of the concept plan, shall
be drawn to approximate scale and shall contain the following information
when appropriate for the development proposed by the applicant:
(a)
A general outline of the property, drawn to
approximate scale, showing the boundaries of the area to be included
in the PDD and all existing and proposed easements on the site.
(b)
A plan showing the proposed development concept
in its entirety, including the approximate location and area of the
following:
[1]
The existing general topographic character of
the land and natural features of the area.
[2]
Existing and proposed land use or development
areas and the amount of area devoted to each use.
[3]
The approximate density, type and style of all
proposed buildings and proposed building areas or lots.
[4]
The approximate location of existing and proposed
streets and/or thoroughfares.
[5]
The approximate location and type of public
uses, including schools, parks, playgrounds and other public open
spaces.
[6]
The approximate location of common open space
and developed open space and proposed facilities in the developed
open space suitable for the anticipated occupants of the development.
(c)
A general landscaping concept plan showing areas
to be retained in natural growth and areas of supplemental plantings.
(2)
The application shall include written statements,
which are a part of the concept development plan, which shall contain
the following information, as appropriate for the type of development
and the PDD:
(a)
An explanation of the character and types of
the planned development and the manner in which it has been planned
to take advantage of regulations pertaining to the proposed PDD.
(b)
A statement of proposed financing of the project
and costs.
(c)
A statement of ownership of all the land within
the proposed development.
(d)
A general indication of the expected schedule
of development.
(e)
A statement indicating the impact of the proposal
on the surrounding area, including existing and future development.
F.
Approval of concept development plan.
(1)
After review and approval by the Planning Commission,
the applicant may request provisional approval by the County Council
of the development concept shown on the concept development plan to
ascertain if the proposal is generally acceptable and if proposed
modifications to county development standards or policies are generally
acceptable to the Council.
(2)
Provisional approval of the concept development plan
by either the Planning Commission or the County Council shall constitute
only concept approval and shall not indicate prior acceptance of any
future preliminary development plan.
G.
Submission of preliminary development plan. An application
for a PDD with all documents required for a preliminary development
plan, shall be submitted to the Planning Commission for review and
approval and recommendation to the County Council. Once an application
has been received by the Planning Director:
(1)
A public hearing shall be held by the Planning Commission
on all preliminary development plans prior to any recommendation being
referred to County Council.
(2)
If a concept development plan has been submitted and
given provisional approval, the applicant shall file the preliminary
development plan within 12 months of approval. The Planning Commission
may extend this period for filing for an additional 12 months.
H.
Contents of preliminary development plan. A preliminary
development plan for the entire district shall be prepared to show
all components of the proposed development and shall include the following
information, where applicable, for the type of development proposed
in addition to the information required by the development standards
for the PDD being requested. The preliminary development plan shall
include:
(1)
A property survey of the site, prepared by a registered
surveyor or engineer, showing the exact boundaries of the area to
be included in the PDD. The survey shall include the location of all
existing and proposed easements on the site.
(2)
A site plan, drawn to scale, on sheets 24 by 36 inches,
showing the proposed development concept for the entire PDD after
completion, including the approximate location of buildings or building
areas and other improvements; existing and proposed streets; common
and developed open space areas, including areas to be left in a natural
state; any improvements proposed in the landscaped or developed open
spaces; proposed stormwater management areas; the one hundred-year
floodplain line, if applicable; and the Chesapeake Bay Critical Area
boundary line, if applicable.
(3)
A development standards plan prepared as either a
separate plan or plans, which shall:
(a)
Identify all land uses, bulk and dimensional
standards for each type of development, including accessory uses and
structures proposed, building areas or envelopes, as may be related
to the entire development and to each section or phase of the development.
(b)
Show the location of the proposed rights-of-way
for street systems, sewer and water rights-of-way, stormwater management
areas, lot, partition or subdivision lines or other divisions of the
site for management use or allocation purposes and any other proposed
easements or dedications for public or private access or services.
(c)
Show all locations and areas proposed to be
conveyed, dedicated or reserved for perimeter setbacks and screening
or landscaping; common ownership or use; public use; and, where applicable,
shall also include environmental, open space and slope easements;
critical area buffers; developed recreation areas; parks; playgrounds;
school sites; public service buildings and other public or semipublic
uses or facilities.
(4)
A preliminary subdivision plat for the entire PDD
in accordance with county subdivision regulations and any applicable
development standards and other requirements.
(5)
Elevation and perspective drawings of each type of
proposed structure if required by the Planning Commission or the County
Council.
(6)
Agreements, provisions or covenants governing the
use, maintenance and continued protection of common and developed
open space areas and any covenants pertaining to development of individual
lots or parcels to be developed at a future date.
(7)
A landscaping plan for the entire district generally
consistent with the provisions of this chapter, and the specific landscaping
or screening requirements for the PDD proposed, showing natural areas
to be retained, the location and type of plantings, as well as areas
to be sown with grass, including the perimeter, common areas and other
areas of supplemental plantings.
(a)
Where individual lots or parcels are to be developed
and approved at a later date, landscaping guidelines or covenants
shall be approved for such lots or parcels as part of the landscaping
plan for the entire district.
(b)
Perimeter screening required by the development
standards for the district or in sensitive areas as imposed by the
Planning Commission or County Council shall be shown on the landscaping
plan for the entire district.
(8)
A development schedule for the PDD indicating:
(a)
The approximate date when construction of the
project is expected to begin.
(b)
The stages in which the project will be built
and the approximate date when construction of each stage can be expected
to begin.
(c)
The anticipated rate of development.
(d)
The approximate dates when each stage in the
development will be completed.
(e)
The area, location and degree of development
of common open space that will be provided at each stage.
(9)
A preliminary construction improvements plan approved
by the Director of Public Works.
(10)
The application for a preliminary development
plan shall also contain a written statement generally describing the
proposal, including enough information on the area surrounding the
proposed development to show the relationship of the planned development
to adjacent uses, both existing and permissible. The written statement
shall also include:
(a)
An explanation of the character of the planned
development and the manner in which it has been planned to take advantage
of the specific regulations pertaining to the type of development
proposed.
(b)
A statement of proposed financing of the project
and the required public improvements necessary to serve the project.
(c)
A statement of ownership of all land within
the proposed development at the time of submission.
(11)
Statement of responsibility. The applicant shall
submit a written statement agreeing to enter into a legal agreement
with the county to develop the PDD as approved by the County Council.
In the event the PDD or any portion thereof is not developed solely
by the applicant, a new statement outlining the responsibility of
each party involved in development of the PDD or any portion thereof
shall be submitted to the Planning Commission for review and recommendation
to the County Council for approval.
(12)
If the Planning Commission or County Council
finds that the development may create special problems of traffic,
parking, or economic feasibility, the following plans may be required:
(a)
An off-street parking and unloading plan.
(b)
A circulation diagram indicating proposed movement
of vehicles, goods and pedestrians within the development, as well
as to and from thoroughfares.
(c)
A plan showing any special engineering features
and traffic regulation devices needed to facilitate or ensure the
safety of the circulation pattern.
(d)
An economic feasibility report or market study.
I.
Approval of preliminary development plan.
(1)
The Planning Director shall refer the recommendations
of the Planning Commission to the County Council, and the Council
shall schedule a public hearing, give notice and provide an opportunity
for all interested parties to be heard.
(2)
In approving a change in the zoning classification
for a PDD, the County Council, as a part of its official action, and
the Planning Commission, as a part of its review, shall:
(a)
Determine its compliance with the intent of
the PDDs proposed.
(b)
Determine if the PDD meets the stated purposes
of the district being proposed.
(c)
Make findings of fact, which, as a minimum,
shall include:
[1]
Population change.
[2]
Availability of public facilities.
[3]
Present and future transportation patterns.
[4]
Compatibility with existing and proposed development
for the area.
[5]
The County Council shall consider the recommendation
of the Planning Commission.
[6]
The relationship of such proposed amendment
to the jurisdiction's comprehensive plan.
(3)
After considering all plans and evidence presented,
the County Council shall then approve, disapprove or reapprove the
establishment of the PDD as shown on the preliminary development plan
and may designate the plan or plans to be recorded in the land records
of Wicomico County.
(4)
Once the preliminary development plan has been approved,
the district shall be designated on the Official Zoning Map.
(5)
The Council may establish additional development controls
by separate ordinance or require said controls to be established as
a part of the final development plan approval.
(6)
An applicant may submit an amendment to an approved
preliminary development plan which shall be considered in the same
manner as the original application.
J.
Final development plan.
(1)
Once a preliminary development plan has been submitted
and approved by the County Council, a final development plan may be
submitted to the Planning Commission in stages.
(2)
Within 12 months following approval of the preliminary
development plan by the County Council, the applicant shall file a
final development plan with the Planning Director containing, in final
format, the information required in the preliminary development plan.
In its discretion, for good cause, including the phasing of development,
the Planning Commission may extend the period for filing of the final
development plan.
(3)
An application for a final development plan for the
entire district or a phase of the district shall include three copies
of the following, with all final plans drawn to scale on sheets 24
by 36 inches in size:
(a)
A final comprehensive site plan showing the
details of the PDD as approved by the County Council during the establishment
of the district, which shall include all information required on the
site plan as a part of the preliminary development plan approval.
Any phases submitted for final approval shall be clearly identified
on the site plan.
(b)
The development standards plan approved by the
County Council at the time the district was established with any phase
submitted for final approval clearly defined thereon.
(c)
A final subdivision plat for the entire PDD
or phase thereof in accordance with the county's subdivision regulations
and all approved development standards and other requirements for
the district.
(d)
A landscaping plan for the entire district or
any phase thereof in accordance with the provisions of this chapter,
showing all natural areas to be retained, the location and type of
species of plantings, as well as areas to be sown with grass, including
perimeter landscaping, common area landscaping and any other area
of supplemental plantings.
(e)
A final copy of any proposed homeowners' association
document or a final copy of any other legal instrument required by
the Planning Commission or County Council for the management or control
of facilities within the PDD or any legal agreements thereto.
(f)
Any other information which may have been required
by the Planning Commission or County Council during the approval of
the establishment of the district.
(4)
The final development plan shall be conditioned upon
approval of a final subdivision plat for the entire district in accordance
with the requirements of the county's subdivision regulations and
any requirements established by the Planning Commission or County
Council during the approval of the preliminary development plan.
(5)
An applicant may submit an application for amendment
of the final development plan which shall be considered in the same
manner as an original application.
(6)
No building permit shall be issued until a final subdivision
plat has been approved and recorded with any required covenants where
applicable for either the entire district or any section or phase
thereof.
(7)
A final construction improvements plan approved by
the Director of Public Works.
K.
Control of development during construction, after
final plan approval or after completion. The final development plan
shall continue to control the planned development during construction
and after it is completed. The following shall apply:
(1)
After the building permit has been issued, the use
of the land and the construction, modification or alteration of a
building or structure within the planned development, where approved
as part of the plan, shall be governed by the approved final development
plan.
(2)
No change shall be made in the development contrary
to the approved final development plan without approval of an amendment
to the plan, except that minor modifications of approved buildings
or structures or minor lot line adjustments may be authorized by the
Planning Commission if they are consistent with the purposes and intent
of the final plan and do not increase the number of units or structures
or change other specific development standards approved by the County
Council as a part of the preliminary development plan.
(3)
An amendment to a completed development may be approved
if it is required for the continued success of the development, if
it is appropriate because of changes in conditions that have occurred
since the final development plan was approved or because there have
been changes in the development policy of the community as reflected
by related land use regulations.
(4)
No modification or amendment to a completed development
is to be considered as a waiver of the original covenants limiting
the use of the land, buildings, structures and improvements within
the area of the development, and all rights to enforce these covenants
against any change are expressly reserved unless approved by the County
Council.
