A.
Purpose. The purpose of this section is:
(1)
To specify the uses allowed in each
zoning district;
(2)
To specify the uses allowed in a
given zoning district only upon obtaining conditional use approval; and
(3)
To establish the minimum and maximum standards for
the density of residential uses,
the intensity of commercial uses, the size of lots, the size of yards and other open spaces, and the height of buildings.
D.
Uses not permitted.
(1)
No building permit shall be issued for a use not listed or described by category in this section.
(2)
The intent of this section is to group similar or
compatible land uses into specific zoning districts,
either as permitted uses or as uses permitted following conditional use approval. Uses not listed as a permitted or conditional use shall be presumed to be prohibited from the applicable zoning district.
The Planning Director may determine whether a proposed use is materially similar to a use in this
section listed as a permitted or conditional use in
this section.
(3)
Should the Planning Director determine
that a proposed use not specifically listed in this
section is materially similar to a listed use, the
regulations governing the listed use shall apply
to the use not listed and the Planning Director's decisions shall be in writing. The Planning Director shall not determine that an unlisted use is materially
similar to a listed use unless the unlisted use is similar in impact on public facilities and adjacent
land uses.
E.
Application of other laws.
(2)
The laws of the state and the regulations of the County's Department of Health regarding water supply and
waste disposal shall be adhered to.
(3)
A zoning certificate or building
permit may not be issued until approval is obtained from the County's Department of Health for water supply and sewage
disposal, unless the premises are served by County owned water and/or sewage treatment facilities.
F.
Access lots.
(1)
Notwithstanding any other provision of this Chapter 18, in instances where an access lot provides the
only access to another lot that is located in a different
zoning district, the Planning Commission may authorize
the construction and use of a driveway across the access lot.
(2)
G.
Parcels within a district. Although a use may be permitted or conditionally permitted in a particular district,
a use is not permitted or permissible on every parcel
unless the use can be located on a parcel in full
compliance with all of the density and dimensional requirements and other regulations of this Chapter 18 applicable to the specific use and parcel.
H.
Density/intensity requirements.
(1)
All proposed land uses shall meet
the applicable residential density or nonresidential
intensity requirements set forth in this section.
(2)
For development proposals that include
both residential and nonresidential uses, whether
existing or proposed, density shall be calculated
for only that portion of the property given to residential use, and floor area and impervious
surface ratios shall be calculated only for that portion
of the property given to nonresidential use.
(3)
The density and intensity requirements
set forth in this section are required standards, and are not guarantees
that certain densities or intensities can be reached on a particular site. Other regulations or site-specific conditions may
further limit development on a site.
I.
Dimensional and bulk requirements.
(2)
The dimensional and bulk requirements set forth in
this section are required standards, and are not guarantees that certain
maximums or minimums can be reached on a particular site. Other regulations or site-specific conditions may further limit development on a site. In cases where the buffer yard exceeds any minimum setback, the more restrictive
shall apply.
(3)
Any nonresidential detached structures on a lot shall be placed at least 15 feet apart
from one another. Uses associated with agriculture shall be exempt from building separation requirements.
In cases where two setback requirements apply, the more restrictive
shall govern. In cases where no dimensional or bulk requirement is
given for a particular use or district, that requirement
is presumed not to apply. Residential development on a lot of record shall be governed by dimensional
and bulk requirements applicable to large-lot subdivisions.
K.
Special restrictions on large-lot, sliding-scale, and single-family cluster subdivisions.
(1)
A lot or parcel, or a part thereof,
created by single-family large-lot or large-lot agricultural subdivision meeting the minimum lot size requirements set forth in this section may not
be further subdivided as a single-family cluster or multifamily development; or be used as
a transferor parcel for the transfer of development rights.
(2)
Existing lots of record in the AG
or CS Zoning District that were not created by the cluster, large-lot, or sliding-scale subdivision techniques may be reduced in size below 20 acres but not to less than 20,000 square feet in size.
(3)
Properties created through the large-lot subdivision technique may not be reduced in size below 20 acres.
(4)
The number of sliding-scale lots allowed
will be based only on the original parcel size, and any future sliding-scale
potential will be the right of the original parcel's owner. Applicants
for newly proposed sliding-scale subdivisions must
provide to the Planning Director a cover letter outlining
the history of the original parcel and any future subdivision potential.
(5)
Lots created through the cluster subdivision technique may not be further subdivided.
A.
Purpose.
(1)
The Agricultural (AG) District is intended to preserve
and protect areas of the County that are predominately
in agricultural use. The AG District is characterized
by agricultural and related uses. A minimal amount
of new residential development shall be allowed,
provided the rural and agricultural character of the area is preserved.
(2)
It is intended that in the AG District, there shall be no basis under state law (COMAR § 5-4-03) or this Chapter 18:1 for recourse against the effects of any normal farming operations conducted in accordance with standard and acceptable best
management practices. Normal agricultural effects include,
but are not limited to, noise, odor, vibration, fumes, dust, spray
drift, or glare.
B.
Permitted uses.
(1)
Agricultural support (with the exception
of organic fertilizer storage or transfer operations).
(2)
Agriculture.
(3)
Agricultural/equestrian activity.
[Added 2-24-2009 by Ord. No. 09-01]
(5)
Aquaculture, with up to two ponds
created by extraction, that are each less than or equal to five acres in size, on any single lot.
(6)
Auctions.
(7)
Bed-and-breakfast.
(8)
Commercial and noncommercial forestry.
(9)
Commercial and private stables.
(10)
Effluent disposal.
(11)
Family day care.
(13)
Farmers market.
(14)
Home occupations.
(15)
Institutional residential (serving
five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(16)
Kennels.
(17)
Large-lot agricultural subdivision.
(18)
Major and minor single-family cluster
subdivision.
(21)
Minor extraction and dredge disposal
uses:
[Amended 8-19-2008 by Ord. No. 08-15]
(a)
Minor extraction that does not require the issuance
of a surface mining permit in accordance with COMAR 26.21.01.08 (C),
(D), (E) and (F).
(b)
Minor extraction and dredge disposal
uses that require the issuance of a surface mining permit
provided that the parcel has not been subject to a cluster
subdivision nor is the parcel a developed parcel for noncontiguous development but may be a transferor parcel, as defined by this Chapter 18. For the purposes of this subsection, parcel shall mean a lot of record existing on September 1, 2008.
(22)
Nurseries.
(23)
Outdoor recreation.
(24)
Public service.
(25)
Single-family residential, including one single-wide manufactured home as the primary residence on a farm.
(27)
Veterinary offices.
C.
Conditional uses.
[Amended 9-5-2006 by Ord. No. 06-10]
(1)
Agricultural conference facilities.
(2)
Aquaculture, with more than two ponds
created by extraction, or any single pond greater than five acres in size created by extraction, on any single lot.
(3)
Campgrounds.
(4)
Commercial apartments; allowed only
in conjunction with a country store.
(5)
Country inn.
(6)
Country store.
(7)
Major extraction and dredge disposal.
(8)
Medical cannabis licensed growing. This use shall not be located within 1,000 feet of any lot line of property containing an institutional use. If
proposed in the critical area, the classification of the property
shall be Intensely Developed Area (IDA).
[Added 4-11-2017 by Ord.
No. 17-06[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection C(8) through (25) as Subsection C(9) through (26), respectively.
(9)
Minor extraction and dredge disposal
uses:
[Added 8-19-2008 by Ord. No. 08-15[2]]
(a)
Minor extraction that requires a surface mining
permit in accordance with COMAR 26.21.01, except as provided in § 18:1-14B(19)(b).
(b)
Minor extraction and dredge disposal
uses that require the issuance of a surface mining permit
on a parcel that has been subject to a cluster subdivision or a parcel that is a developed parcel for noncontiguous development. For the purposes of this subsection, parcel
shall mean a lot of record existing on September 1, 2008.
[2]
Editor's Note: This ordinance also renumbered
former Subsection C(8) through (21) as Subsection C(9) through (22),
respectively.
(10)
Fraternal organizations.
(11)
Funeral homes.
(12)
Group day-care center.
(13)
Institutional residential (serving
six or more residents).
(14)
Nonprofit and for-profit institutional.
(15)
Organic fertilizer storage and transfer
operations.
(16)
Private airports.
(17)
Private landing strips and heliports.
(18)
Public heliports and airports.
(19)
Public utilities.
(20)
Rural country clubs.
(21)
Shooting clubs.
(22)
Telecommunications facilities.
(23)
Youth camps.
(24)
Nonprofit, seasonal, live-performance dinner theatre.
[Added 8-9-2011 by Ord. No. 11-09]
(25)
Solar arrays.
[Added 12-13-2011 by Ord. No. 11-07]
(26)
Special events.
[Added 3-26-2013 by Ord. No. 13-01]
D.
Density/intensity requirements.
(1)
Maximum residential density.
A.
Purpose. The Countryside (CS) District is intended
to preserve and protect the rural and agricultural areas of the County that generally lie within the Chesapeake
Bay Critical Area and contain extremely sensitive natural
resources. Residential development densities and
design standards shall ensure resource protection and preservation
of open space. This district shall be predominately
characterized by open space, farmettes, and very
low-density residential uses or
small single-family cluster developments with significant
associated open space.
B.
Permitted uses.[1]
(1)
Agriculture.
(2)
Aquaculture, with up to two ponds
created by extraction, that are each less than or equal to five acres in size, on any single lot.
(3)
Bed-and-breakfast.
(4)
Commercial and noncommercial forestry.
(5)
Commercial and private stables.
(6)
Effluent disposal.
(7)
Family day-care center.
(9)
Home occupations.
(10)
Institutional residential (serving
five or fewer residents), except for assisted living programs, which
may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(11)
Kennels.
(12)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(13)
Major and minor multifamily.
(14)
Major and minor single-family cluster.
(16)
Nurseries.
(17)
Outdoor recreation.
(18)
Public service.
(19)
Single-family residential; including one single-wide manufactured home as the primary residence on a farm.
[1]
Editor's Note: As uses are added to or deleted
from this subsection, subsequent uses are redesignated as appropriate.
C.
Conditional uses.
(1)
Agricultural support (except organic fertilizer storage and transfer operations).
(2)
Aquaculture, with more than two ponds
created by extraction, or any single pond greater than five acres in size created by extraction, on any single lot.
(3)
Campgrounds.
(4)
Country inn.
(5)
Major extraction and dredge disposal.
(6)
Farmers market.
(7)
Fraternal organizations.
(8)
Funeral homes.
(9)
Group day-care center.
(10)
Institutional residential (serving
six or more residents).
(11)
Marinas.
(12)
Minor extraction and dredge disposal
uses.
(13)
Nonprofit and for-profit institutional.
(14)
Private airports.
(15)
Private covered slips.
(16)
Private landing strips and heliports.
(17)
Public utilities.
(18)
Rural country clubs.
(19)
Shooting clubs.
(20)
Telecommunications facilities.
(21)
Youth camps.
(22)
Resort hotels, in compliance with the provisions of § 18:1-95R of this chapter.
[Added 12-8-2009 by Ord. No. 09-23]
(23)
Nonprofit, seasonal, live-performance dinner theatre.
[Added 8-9-2011 by Ord. No. 11-09]
(24)
Solar arrays.
[Added 12-13-2011 by Ord. No. 11-07]
(25)
Special events.
[Added 3-26-2013 by Ord. No. 13-01]
D.
Density/intensity requirements.
(1)
Maximum residential density.
(a)
Single-family cluster: .125.
[Amended 8-9-2011 by Ord. No. 11-12]
(b)
Multifamily: .20.
(c)
Large-lot subdivision: equal
to total site area divided by minimum large-lot area.
[Amended 9-7-2004 by Ord. No. 04-12]
(d)
Sliding-scale subdivision:
one new lot up to the first 100 acres of a site, and one new lot for
each additional 100 acres, or part thereof.
A.
Purpose The Estate (E) District is intended to provide
for low-density, large-lot residential uses or single-family cluster development with significant associated open space. The E District
is characterized by spacious residential neighborhoods of an estate-type
character.
B.
Permitted uses.[1]
(1)
Effluent disposal.
(2)
Family day-care center.
(4)
Home occupations.
(5)
Institutional residential (serving
five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(6)
Large-lot subdivision
[Added 9-7-2004 by Ord. No. 04-13]
(7)
Major and minor multifamily.
(8)
Major and minor single-family cluster.
(10)
Noncommercial forestry.
(11)
Nonprofit institutional.
(12)
Outdoor recreation.
(13)
Private stables.
(14)
Public service.
(15)
Single-family residential.
[1]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Bed-and-breakfast.
(4)
Commercial forestry.
(5)
Commercial stables.
(6)
Country inn.
(7)
For-profit institutional.
(8)
Fraternal organizations.
(9)
Funeral homes.
(10)
Group day-care center.
(11)
Institutional residential (serving
six or more residents).
(12)
Minor extraction and dredge disposal
uses.
(13)
Nurseries.
(14)
Private covered slips.
(15)
Public utilities.
(16)
Telecommunications facilities.
D.
A.
Purpose. The Suburban Estate (SE) District is intended
to provide for low-density, large-lot residential uses or single-family cluster development with significant associated open space. The SE
District is characterized by spacious residential neighborhoods of
an estate-type character.
B.
Permitted uses.[1]
(1)
Effluent disposal.
(2)
Family day-care center.
(4)
Home occupations.
(5)
Institutional residential (serving
five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(6)
Large-lot subdivision
[Added 9-7-2004 by Ord. No. 04-13]
(7)
Major and minor multifamily.
(8)
Major and minor single-family cluster.
(10)
Noncommercial forestry.
(11)
Nonprofit institutional.
(12)
For-profit institutional.
[Added 2-24-2009 by Ord. No. 08-27]
(13)
Outdoor recreation.
(14)
Private stables.
(15)
Public service.
(16)
Single-family residential.
[1]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Bed-and-breakfast.
(4)
Commercial forestry.
(5)
Commercial stables.
(6)
For-profit institutional.
(7)
Fraternal organizations.
(8)
Funeral homes.
(9)
Group day-care center.
(10)
Institutional residential (serving
six or more residents).
(11)
Manufactured home community.
(12)
Marinas.
(13)
Minor extraction and dredge disposal
uses.
(14)
Nurseries.
(15)
Private covered slips.
(16)
Public utilities.
(17)
Telecommunications facilities.
D.
A.
Purpose. The Suburban Residential (SR) District is
intended to provide for a variety of housing types at moderate densities. Permitted densities are slightly
higher than allowed in the SE District. Open space requirements are slightly lower than in the SE District. The SR District
shall be characterized by multifamily, or single-family cluster housing served by public sewer, with a moderate amount of open space.
B.
Permitted uses.[1]
(1)
Effluent disposal.
(2)
Family day-care center.
(3)
Home occupations.
(4)
Institutional residential (serving
five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(5)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(6)
Major and minor multifamily.
(7)
Major and minor single-family cluster.
(9)
Noncommercial forestry.
(10)
Nonprofit institutional.
(11)
Outdoor recreation.
(12)
Private stables.
(13)
Public service.
(14)
Single-family residential.
[1]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Bed-and-breakfast.
(4)
Commercial forestry.
(5)
Commercial stables.
(6)
For-profit institutional.
(7)
Fraternal organizations.
(8)
Funeral homes.
(9)
Group day-care center.
(10)
Institutional residential (serving
six or more residents).
(11)
Manufactured home community.
(12)
Marinas.
(13)
Minor extraction and dredge disposal
uses.
(14)
Private covered slips.
(15)
Public utilities.
(16)
Telecommunications facilities.
D.
A.
Purpose.
(1)
There are several varieties of NC Districts. The NC
Districts are intended to preserve the character, density, and scale of existing residential neighborhoods. The NC Districts allow existing neighborhoods to conform to this Chapter 18:1, and they allow for in-fill development to be compatible with the surrounding area. NC Districts are designated for existing residential
developments as follows:
(2)
All NC District regulations apply to NC Districts
with a "T" designation on the Zoning Maps; except
that single-wide manufactured homes are a permitted use within NC-T Districts.
B.
Permitted uses.[1]
(1)
Agriculture: allowed only on farms that are five acres or more in size;
and permitted agricultural activities in this district shall be limited
to commercial production or management of crops, vegetation, soil
and the related activities of tillage, fertilization, pest control,
silviculture aquaculture (with up to two ponds created
by extraction, that are each less than or equal to five acres in size, on any single lot), harvesting, and marketing.
(2)
Effluent disposal.
[Added 9-7-2004 by Ord. No. 04-14]
(3)
Family day-care center.
(5)
Home occupations.
(6)
Institutional residential (serving
five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(7)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(9)
Minor single-family cluster.
(10)
Noncommercial forestry.
(11)
Private stables.
(12)
Public service.
(13)
Single-family residential.
[1]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
C.
Conditional uses.[2]
(1)
Aquaculture with more than two ponds
created by extraction or any single pond greater than five acres in size created by extraction, on any single lot.
(2)
Bed-and-breakfast.
(3)
Commercial forestry.
(5)
Fraternal organizations.
(6)
Funeral homes.
(7)
Institutional residential (serving
six or more residents).
(8)
Major and minor multifamily.
(9)
Major single-family cluster.
(10)
Manufactured home community; if contains single-wide manufactured homes, only
allowed in districts designated as "NC-T."
(11)
Marinas.
(12)
Minor extraction and dredge disposal
uses.
(13)
Nonprofit and for-profit institutional.
(14)
Nurseries.
(15)
Outdoor recreation.
(16)
Private covered slips.
(17)
Public utilities.
(18)
Telecommunications facilities.
[2]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
D.
Density/intensity requirements.
(1)
Maximum residential density.
(a)
All housing types: equal to total site
area divided by minimum large-lot subdivision area except that subdivision applications filed between
January 17, 2004, and December 31, 2004, may calculate maximum residential density by dividing the total site area by the minimum lot area provided in § 18:1-19E(1)(a)[3].
[Amended 9-7-2004 by Ord. No. 04-12; 3-1-2005 by Ord. No. 04-48]
E.
F.
Additional conditional use review
criteria.
(1)
In addition to the requirements set forth in Chapter 18:1, Part 5, Article XVII, the following shall apply to major single-family cluster subdivisions or major or minor multifamily developments:
(a)
Units may be located as infill development on
undeveloped parcels throughout an NC District neighborhood. Not more
than 30% of the total dwelling units permitted within
the immediate NC District shall consist of a planned residential
development.
(b)
The dwelling units developed
within the cluster and planned residential developments shall be in keeping with the architectural character of the area
as well as the colors and materials of surrounding buildings; and
(c)
Planned residential development may not consist of more than six dwelling units per building.
G.
Use and merger of lots of substandard
area or dimensions in Neighborhood Conservation (NC) District in areas
designated S-3 or higher in the Comprehensive Water and Sewerage Plan.
(1)
The provisions of this subsection shall apply in the NC District in areas designated S-3, S-4, S-5, and S-6 in the Comprehensive Water and Sewerage Plan on or after the effective date of this Subsection G and shall apply notwithstanding any other provision in this article, including, without limitation, those relating to nonconforming
uses or lots. The provisions of this subsection
shall not be construed to affect the nonconforming use or lot status of lots in zoning districts or areas
to which this subsection does not apply.
(2)
Except as provided in Subsection G(3) and (4) of this section, a dwelling may be constructed on a lot that does not comply with the minimum area or dimensional requirements
of the zoning district in which the lot is located,
provided that the lot complied with applicable minimum
area and dimensional requirements, if any, at the time it was created.
(3)
A dwelling may not be constructed on an unimproved lot or lots that do not comply with the
minimum area or dimensional requirements of the zoning district in
which the lot or lots are located if the unimproved lot or lots are contiguous with an improved lot under the same ownership on November 12, 2013. An unimproved lot or lots governed by this subsection
shall be administratively merged with the contiguous improved lot under the same ownership as of November 12, 2013, prior
to the extension of public sewer service to the improved
lot. Further, an unimproved lot or lots that must be merged with an improved lot under
this subsection shall be merged with an additional contiguous unimproved lot or lots with the same ownership on
November 12, 2013, that is or are necessary to prevent leaving an
unimproved lot that does not satisfy the minimum
area and dimensional requirements of the zoning district. The owner
conducting a merger pursuant to this subsection must apply and receive
approval of an administrative subdivision pursuant to § 18:1-171 of the Public Local Laws of Queen Anne's County prior to the extension of public sewer service to
the improved lot. If the owner of a lot or lots required to be merged under this Subsection G(3) fails to apply for and receive approval of an administrative
subdivision, the Director of Planning shall process, consider
and approve an administrative subdivision effecting the merger pursuant to § 18:1-171 of the Public Local Laws of Queen Anne's County.
(4)
Except as provided in Subsection G(5) of this subsection, an unimproved lot that does not comply with the minimum
area or dimensional requirements of the NC District in effect at the
time an application for a building permit is submitted may not be
used for the construction of a dwelling if the lot was contiguous to and under the same ownership as one
or more unimproved lots on November 12, 2013.
(5)
A lot described in Subsection G(4) of this section may be used for the construction of a dwelling if the lot is merged with the contiguous, unimproved lot or lots in order to create a lot that
(i) complies with, or comes as close as possible to complying with,
the minimum area and dimensional requirements of the NC District,
and (ii) does not leave a contiguous lot under the
same ownership that does not comply with minimum area and dimensional
requirements of the zoning district. The owner conducting a merger
pursuant to this subsection must apply for and receive approval of
an administrative subdivision pursuant to § 18:1-171 of the Public Local Laws of Queen Anne's County as a condition precedent to receiving a building permit for the dwelling.
(6)
The seller of a lot subject to merger under this Subsection G must disclose in writing to any buyer of the lot the fact that the lot is subject to
merger with another lot or lots under Subsection G. This disclosure also shall (i) be contained in all contracts of sale, deeds or similar documents relating to the sale, (ii) cite this Subsection G, and (iii) be displayed prominently with the heading "Notice of Required Lot Merger."
A.
Purpose. The Urban Residential (UR) District is intended
to provide for affordable high-density residential development within designated growth areas. A wide range of
housing types are permitted. The UR District is characterized by high-quality,
affordable, multifamily housing and apartment
development served by public sewer.
[Amended 7-10-2012 by Ord. No. 12-02]
B.
Permitted uses.
(2)
Commercial and private stables.
(3)
Effluent disposal.
(4)
Family day-care center.
(6)
Home occupations.
(7)
Institutional residential.
(8)
Major and minor multifamily.
(9)
Major and minor single-family cluster.
(10)
Manufactured home community.
(12)
Noncommercial forestry.
(13)
Nonprofit institutional.
(14)
Nurseries.
(15)
Outdoor recreation.
(16)
Public service.
(17)
Single-family residential.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Commercial forestry.
(4)
For-profit institutional.
(5)
Fraternal organizations.
(6)
Funeral homes.
(7)
Group day-care center.
(8)
Marinas.
(9)
Minor extraction and dredge disposal uses.
(10)
Private covered slips.
(11)
Public utilities.
(12)
Telecommunications facilities.
D.
Density/intensity requirements.
(1)
Maximum residential density.
(b)
Single-family cluster: 3.20.
(c)
Multifamily: 8.50.
(d)
Manufactured home community: 5.00.
(f)
In the planning area, the Planning Commission may increase the density for apartment
development to 20 units per acre provided:
[Added 7-10-2012 by Ord. No. 12-02]
[1]
The site area does not exceed five acres for the apartment development.
[2]
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and presents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
[3]
The apartment development is providing workforce
housing, age-restricted housing, or other moderately
priced housing.
[4]
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
[5]
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
E.
Dimensional and bulk requirements.
(1)
A.
Purpose. The Suburban Commercial (SC) District is
intended to provide primarily for a variety of commercial
uses and limited light industrial uses in
predominately rural or suburban areas not served by public
sewer. Extensive landscaping requirements and other restrictions
within the SC District are intended to mitigate commercial
use impacts and preserve surrounding rural or suburban character.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Auctions.
(3)
Bed-and-breakfast.
(4)
Carry-out food service.
(5)
Coffee shop.
(6)
Commercial apartments.
(7)
Convenience stores, with or without
gas pumps.
(8)
Country inn.
(9)
Country store.
(10)
Deli.
(11)
Drive-through beverage stand.
(12)
Effluent disposal.
(13)
Family day-care center.
(14)
Farmers market.
(15)
Fraternal organizations.
(16)
Funeral homes.
(17)
Group day-care center.
(18)
High commercial.
(19)
Hotels.
(20)
Low commercial.
(22)
Medium commercial.
(23)
Miniwarehouse (with or without exterior storage).
(24)
Noncommercial forestry.
(25)
Nonprofit and for-profit institutional.
(26)
Nurseries.
(27)
Outdoor recreation.
(28)
Parking.
(29)
Public service.
(30)
Shopping centers.
(31)
Veterinary offices.
C.
Conditional uses.
(1)
Campgrounds.
(2)
Commercial forestry.
(3)
First-floor commercial apartments.
(4)
Light industrial.
(5)
Marinas.
(6)
Medical cannabis licensed processing. This use shall not be located within 1,000 feet of any lot lines of property containing an institutional use. If
proposed in the critical area, the classification of the property
shall be Intensely Developed Area (IDA).
[Added 4-11-2017 by Ord.
No. 17-06[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection C(6) through (8) as Subsection C(7) through (9), respectively.
(7)
Minor extraction and dredge disposal uses.
(8)
Public utilities.
(9)
Telecommunications facilities.
D.
Density/intensity requirements.
(1)
Maximum residential density: not
applicable.
(3)
No individual use and/or tenant space
in a structure shall occupy more than 65,000 square
feet of gross floor area, except for the following uses:
(a)
Auctions;
(b)
Auto repair with repair areas;
(c)
Banks and other financial facilities;
(d)
Boat sales and repairs;
(e)
Bowling alley;
(f)
Commercial apartments;
(g)
Commercial or trade schools;
(h)
New and used vehicle sales/service and repair
with exterior storage and/or repair areas;
(i)
Nonprofit and for-profit institutional;
(j)
Offices: business or professional;
medical offices and clinics; veterinary offices; and all other offices;
(k)
Public uses;
(l)
Recreational vehicle sales;
(m)
Theaters and auditoriums (indoor); and
(n)
Where approved by conditional use granted from the Board of Appeals:
[Added 6-23-2009 by Ord. No. 09-05]
A.
Purpose. The Kent Island Suburban Commercial (KISC) District is intended
to provide primarily for a variety of commercial uses and limited light industrial uses, in predominately
rural or suburban areas not served by public sewer. Extensive landscaping requirements and other restrictions within
the KISC District are intended to mitigate commercial use impacts and preserve surrounding rural or suburban character.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Auctions.
(3)
Bed-and-breakfast.
(4)
Carry-out food service.
(5)
Coffee shop.
(6)
Commercial apartments.
(7)
Convenience stores, with or without gas pumps.
(8)
Country inn.
(9)
Country store.
(10)
Deli.
(11)
Drive-through beverage stand.
(12)
Effluent disposal.
(13)
Family day-care center.
(14)
Farmers market.
(15)
Fraternal organizations.
(16)
Funeral homes.
(17)
Group day-care center.
(18)
High commercial.
(19)
Hotels.
(20)
Low commercial.
(22)
Medium commercial.
(23)
Miniwarehouse (with or without exterior
storage).
(24)
Noncommercial forestry.
(25)
Nonprofit and for-profit institutional.
(26)
Nurseries.
(27)
Outdoor recreation.
(28)
Parking.
(29)
Public service.
(30)
Shopping centers.
(31)
Veterinary offices.
D.
Density/intensity requirements.
(1)
Maximum residential density: not applicable.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Auctions;
(b)
Auto repair with repair areas;
(c)
Banks and other financial facilities;
(d)
Boat sales and repairs;
(e)
Bowling alley;
(f)
Commercial apartments;
(g)
Commercial or trade schools:
(h)
New and used vehicle sales/service and repair with exterior
storage and/or repair areas;
(i)
Nonprofit and for-profit institutional;
(j)
Offices: business or professional; medical offices and clinics; veterinary offices ; and all other offices;
(k)
Public uses;
(l)
Recreational vehicle sales;
(m)
Theaters and auditoriums (indoor); and
E.
F.
Access. All development and redevelopment in the
KISC District shall be required to limit and consolidate entrances
and curb cuts, to the extent practical, through the use of shared
entrances, off-site parking, internal circulation
systems that connect parking areas and other means.
All development and redevelopment shall be in accordance
with the Vehicular and Pedestrian Access and Circulation Standards
of the Commercial and Mixed-Use Development Standards adopted by Resolution
of the County Commissioners No. 08-05, Town Center (TC) and Urban
Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development
Standards, as amended.
G.
Design guidelines. Development in the KISC District
shall conform to the Town Center (TC) and Urban Commercial Design
Guidelines: Commercial and Mixed-Use Development Standards adopted
by Resolution of the County Commissioners No. 08-05, Town Center (TC)
and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use
Development Standards, as amended. The Planning Commission shall consider these guidelines and the community design objectives
of the Chester/Stevensville Community Plan in its review of all new development, infill, redevelopment and renovations within
the KISC District. The Planning Commission may not
approve development applications that have not made
a practical and good faith effort to comply with the adopted Town
Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial
and Mixed-Use Development Standards, as amended, and community design
objectives of the Chester/Stevensville Community Plan, and the following
design guidelines:
(1)
All lighting proposed on properties near the Airport District
must be directed away or shielded from the airport and designated
flight path;
(2)
Properties developing near the existing airport should provide
fencing, berming and a landscaping buffer to minimize impacts of noise
and glare from the existing airport on the proposed development. Proposed developments should
also provide berming, landscaping and fencing to minimize any adverse
impacts to the airport property; and
(3)
Potential safety conflicts between the existing airport and
new development shall be minimized. Site design including building height, building location,
and landscaping should consider the on-site and off-site impacts of
the existing airport. All new buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter 18:1.
(4)
Roadside sidewalks are required to be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks are to be provided in accordance
with the Commercial and Mixed-Use Development Standards on Pedestrian
Access and Circulation.
(5)
Parking location and layout shall be in accordance
with the Town Center (TC) and Urban Commercial (UC) Design Guidelines:
Commercial and Mixed-Use Developments Standards, if applicable.
(6)
Newly installed utility and service connections are to be placed
underground wherever possible.
(7)
Exterior lighting shall be designed in accordance with the Town
Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial
and Mixed-Use Development Standards.
(8)
Building design, location, style, architectural
details, materials and colors shall adhere to the Town Center (TC)
and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use
Development Standards.
(9)
Mechanical equipment or other utility equipment and hardware
shall be screened in accordance with the Town Center (TC) and Urban
Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development
Standards, Screening of outside storage areas and
service equipment shall also be accomplished in accordance with the
Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial
and Mixed-Use Development Standards.
(10)
Pedestrian-oriented open spaces shall be created in accordance
with the Town Center (TC) and Urban Commercial (UC) Design Guidelines:
Commercial and Mixed-Use Development Standards.
(11)
Multiple-story buildings with commercial
uses on the ground floor and mixed office or commercial apartment uses on upper floors are
encouraged.
H.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for KISC projects.
(1)
A preapplication conference between the applicant and Department
of Planning and Zoning staff is required for all KISC District development.
(2)
The applicant shall submit any additional information plans, specifications, documents, drawings, etc., as necessary to determine compliance with the requirements of this Chapter 18:1 and the Town Center (TC) and Urban Commercial, (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended.
I.
Landscaping requirements.
(1)
The number of plantings required in the KISC District shall
be consistent with the number of plantings required in the Town Center
(TC) and Urban Commercial (UC) Districts.
(2)
The location of required plantings can be adjusted to accomplish
the Town Center (TC) and Urban Commercial (UC) Design Guidelines:
Commercial and Mixed-Use Development Standards adopted by Resolution
of the County Commissioners No. 08-05, Town Center (TC) and Urban
Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development
Standards, as amended.
(3)
To accomplish the Town Center (TC) and Urban Commercial (UC)
Design Guidelines: Commercial and Mixed-Use Development Standards,
as amended, additional landscaping may be necessary.
A.
Purpose. The Urban Commercial (UC) District is intended
to provide primarily for a variety of commercial and limited
light industrial uses in predominately urban areas along
major highways. Stringent design and landscaping standards within
the UC District are intended to minimize the impacts of highway commercial uses.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Auctions.
(3)
Carry-out food service.
(4)
Coffee shop.
(5)
Commercial apartments.
(6)
Convenience stores, with or without
gas pumps.
(7)
Country inn.
(8)
Country store.
(9)
Deli.
(10)
Drive-through beverage stand.
(11)
Effluent disposal.
(12)
Family day-care center.
(13)
Farmers market.
(14)
Fraternal organizations.
(15)
Funeral homes.
(16)
Group day-care center.
(17)
High commercial.
(18)
Hotels.
(19)
Light industrial.
(20)
Low commercial.
(22)
Medium commercial.
(23)
Miniwarehouse (with or without exterior storage).
(24)
Noncommercial forestry.
(25)
Nonprofit and for-profit institutional.
(26)
Nurseries.
(27)
Outdoor recreation.
(28)
Parking.
(29)
Public service.
(30)
Shopping centers.
(31)
Veterinary offices.
C.
Conditional uses.
D.
Density/intensity requirements.
(1)
Maximum residential density: not
applicable.
(3)
No individual use and/or tenant space
in a structure shall occupy more than 65,000 square
feet of gross floor area, except for the following uses:
(a)
Auctions;
(b)
Auto repair with repair areas;
(c)
Banks and other financial facilities;
(d)
Boat sales and repair;
(e)
Bowling alleys;
(f)
Commercial apartments;
(g)
Commercial or trade schools;
(h)
Hotels;
(i)
Light industrial, where incidental
retail stores do not exceed 25,000 square feet of gross floor
area;
(j)
New and used vehicle sales/service and repair
with exterior storage and/or repair areas;
(k)
Nonprofit and for-profit institutional;
(l)
Offices: business or professional;
medical offices and clinics; veterinary offices; and all other offices;
(m)
Public uses;
(n)
Recreational vehicle sales;
(o)
Theaters and auditoriums (indoor); and
(q)
Expansion of a use and/or tenant space that
occupies more than 65,000 square feet of gross floor area in a structure that existed on or before January 6, 2004; such expansion
is limited to 50% of the gross floor area of the use and is subject to supplemental use standards outlined in Chapter 18:1-58O.
[Added 1-28-2020 by Ord.
No. 19-17]
E.
F.
Design guidelines. Development in
the UC District shall conform to the Design Standards adopted by Resolution
of the County Commissioners No. 08-05, Town Center (TC) District and
Urban Commercial (UC) District Design Standards: Commercial and Mixed-Use
Development Standards, as amended, unless otherwise noted and the
following design guidelines:
[Amended 8-19-2008 by Ord. No. 08-11[2]]
(1)
All lighting proposed on properties near the Airport
District must be directed away or shielded from the airport and designated
flight path;
(2)
Properties developing near the existing airport should
provide fencing, berming and a landscaping buffer to minimize impacts
of noise and glare from the existing airport on the
proposed development. Proposed developments should also provide berming, landscaping and fencing to minimize
any adverse impacts to the airport property; and
(3)
Potential safety conflicts between the existing airport
and new development shall be minimized. Site design including building height, building location,
and landscaping should consider the on-site and off-site impacts of
the existing airport. All new buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter 18:1.
[2]
Editor’s Note: This ordinance also provided
that it shall apply only to development applications filed on or after
7-10 2008.
A.
Purpose. The Suburban Industrial (SI) District is
intended to provide primarily for the development of office, regional commercial, warehouse, and light industrial uses that are compatible
with surrounding development. New development within the SI District should provide adequate screening and buffer yards in order to minimize adverse impacts
to surrounding areas.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Business and professional offices.
(3)
Effluent disposal.
(4)
Family day-care center.
(5)
Garden centers, garden supplies,
and greenhouses.
(6)
Grocery stores and supermarkets (excluding convenience stores).
(7)
Group day-care center.
(8)
Lawnmower and garden equipment sales.
(9)
Light industrial.
(11)
Migrant labor camp.
(12)
Miniwarehouse (with or without exterior storage).
(13)
Minor extraction and dredge disposal
uses.
(14)
Noncommercial forestry.
(15)
Nonprofit and for-profit institutional.
(16)
Nurseries.
(17)
Parking.
(18)
Public service.
(19)
Shopping centers.
(20)
Theaters and auditoriums.
(21)
Trade schools with only indoor activities.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Commercial forestry.
(4)
Major extraction and dredge disposal.
(5)
Heavy industrial.
(6)
Marinas.
(7)
Medical cannabis licensed processing. This use shall not be located within 1,000 feet of any lot lines of property containing an institutional use. If
proposed in the critical area, the classification of the property
shall be Intensely Developed Area (IDA).
[Added 4-11-2017 by Ord.
No. 17-06[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection C(7) through (13) as Subsection C(8) through (14), respectively.
(8)
Outdoor recreation.
(9)
Private airports.
(10)
Public heliports and airports.
(11)
Public utilities.
(12)
Telecommunications facilities.
(13)
Truck stops and travel plazas.
(14)
Kennels
[Added 1-24-2017 by Ord.
No. 16-17]
D.
Density/intensity requirements.
(1)
Maximum residential density: not
applicable.
(3)
No individual use and/or tenant space
in a structure shall occupy more than 65,000 square
feet of gross floor area, except for the following uses:
(a)
Agricultural support;
(b)
Business and professional office complexes over 25,000 square feet;
(c)
Nonprofit and for-profit institutional;
(d)
Light industrial, where incidental
retail stores do not exceed 25,000 square feet of gross floor
area;
(e)
Public uses;
(f)
Theaters and auditoriums;
(g)
Trade schools with only indoor activities; and
E.
Dimensional and bulk requirements.
A.
Purpose. The Light Industrial Highway Service (LIHS)
District is intended to provide light industrial,
highway service, office, and regional commercial
uses at key intersections along the U.S. Route 301 corridor
from the U.S. Routes 50/301 split north to Kent County. The LIHS District
is limited to those principal intersections that are planned to be
upgraded or can provide safe access/egress to sites along the Route 301 corridor that have intermodal transportation
access. Extensive landscaping and screening is required
within the LIHS District in order to mitigate off-site impacts on
less intensive uses.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Agriculture.
(3)
Aquaculture, with up to two ponds
created by extraction, that are each less than or equal to five acres in size, on any single lot.
(4)
Business and professional office complexes
over 25,000 square feet.
(5)
Effluent disposal.
(6)
Family day-care center.
(8)
Farmers market.
(9)
Garden centers, garden supplies,
and greenhouses.
(10)
Grocery stores and supermarkets (excluding convenience stores).
(11)
Group day-care center.
(12)
Hotels.
(13)
Lawnmower and garden equipment sales.
(14)
Light industrial.
(15)
Miniwarehouse (with or without exterior storage).
(16)
Minor extraction and dredge disposal
uses.
(17)
Noncommercial forestry.
(18)
Nonprofit and for-profit institutional.
(19)
Nurseries.
(20)
Parking.
(21)
Public service.
(22)
Theaters and auditoriums.
(23)
Trade schools with only indoor activities.
C.
Conditional uses.
(1)
Aquaculture, with more than two ponds
created by extraction, or any single pond greater than fiveacres in size created by extraction, on any single lot.
(2)
Commercial forestry.
(3)
Major extraction and dredge disposal.
(4)
Heavy industrial.
(5)
Medical cannabis licensed processing. This use shall not be located within 1,000 feet of any school, lot
lines of property containing a place of worship or municipal
use. If proposed in the critical area, the classification of the property
shall be Intensely Developed Area (IDA).
[Added 4-11-2017 by Ord.
No. 17-06[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection C(5) through (10) as Subsection C(6) through (11), respectively.
(6)
Outdoor recreation.
(7)
Private airports.
(8)
Public heliports and airports.
(9)
Public utilities.
(10)
Telecommunications facilities.
(11)
Truck stops and travel plazas.
D.
Density/intensity requirements.
(1)
Maximum residential density: not
applicable.
(2)
Maximum nonresidential floor area ratio: .40.
(3)
No individual use and/or tenant space
in a structure shall occupy more than 65,000 square
feet of gross floor area, except for the following uses:
(a)
Agricultural support;
(b)
Business and professional office complexes over 25,000 square feet;
(c)
Hotels;
(d)
Light industrial, where incidental
retail stores do not exceed 25,000 square feet of gross floor
area;
(e)
Nonprofit and for-profit institutional;
(f)
Public uses;
(g)
Theaters and auditoriums;
(h)
Trade schools with only indoor activities; and
E.
Dimensional and bulk requirements.
(1)
Residential uses.
(a)
Minimum lot size: 10 acres; except that subdivision of existing
residence is one acre.
(2)
Nonresidential uses.
(a)
Maximum impervious surface ratio.
(b)
All uses: .65.
(c)
Minimum lot frontage: 35 feet.
(d)
Minimum setbacks.
[1]
Front: 35 feet.
[2]
U.S. Routes 50/301: 200 feet.
[3]
Arterial: 150 feet.
[4]
Side and rear: 100 feet.
[5]
A minimum one-hundred-foot setback is required
if the property fronts on a road or intersection
with a right-of-way that results in at least 100 feet of planted open space between the paved edge of the roadway and the back edge of the right-of-way.
A.
Purpose. The Village Center (VC) District is intended
to preserve the unique mixed-use character of existing crossroads
and unincorporated communities throughout the County. Development densities and design standards vary
depending upon the availability of public sewers.
Most nonresidential uses must be considered on a
case-by-case basis by the Board to ensure compatibility with existing
community character within the village.
B.
Permitted uses.[1]
(1)
Apartment development, only with public sewer.
(2)
Auctions.
(3)
Bed-and-breakfasts.
(4)
Carry-out food service.
(5)
Coffee shop.
(6)
Commercial apartments.
(7)
Country inns.
(8)
Country stores.
(9)
Deli.
(10)
Drive-through beverage stand.
(11)
Effluent disposal.
(12)
Family day-care center.
(13)
Farmers market.
(14)
Fraternal organizations.
(15)
Funeral homes.
(16)
Home occupations.
(17)
Institutional residential use for five or fewer residents, except for assisted living programs,
which may serve up to 16 residents.
(18)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(19)
Low commercial uses.
(21)
Minor multifamily.
(22)
Minor single-family cluster.
(23)
Noncommercial forestry.
(24)
Nonprofit institutional uses.
(25)
Outdoor recreation.
(26)
Parking.
(27)
Private stables.
(28)
Public service.
(29)
Single-family residential.
(30)
Veterinary offices.
[1]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
C.
Conditional uses.
(1)
Agricultural support.
(3)
Commercial forestry.
(4)
Commercial stables.
(5)
Convenience stores, with or without
gas pumps.
(6)
First-floor commercial apartments.
(7)
Group day-care center.
(8)
High commercial.
(9)
Hotels.
(10)
Institutional residential.
(11)
Light industrial.
(12)
Major multifamily.
(13)
Major single-family cluster.
(14)
Marinas.
(15)
Medium commercial.
(16)
Miniwarehouse (with or without exterior storage).
(17)
Minor extraction and dredge disposal
uses.
(18)
Nonprofit and for-profit institutional.
(19)
Nurseries.
(20)
Private covered slips.
(21)
Public utilities.
(22)
Telecommunications facilities.
D.
Density/intensity requirements.
(1)
Maximum residential density.
(d)
Large-lot subdivision: equal
to total site area divided by minimum large-lot area.
[Amended 9-7-2004 by Ord. No. 04-12]
(f)
In the planning area, the Planning Commission may increase the density for apartment
development to 20 units per acre provided:
[Added 7-10-2012 by Ord. No. 12-02]
[1]
The site area does not exceed five acres for the apartment development.
[2]
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and represents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
[3]
The apartment development is providing workforce
housing, age-restricted housing, or other moderately
priced housing.
[4]
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
[5]
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
(3)
No individual use and/or tenant space
in a structure shall occupy more than 65,000 square
feet of gross floor area, except for the following uses:
(a)
Apartment development;
(b)
Auctions;
(c)
Banks and other financial facilities;
(d)
Commercial apartments;
(e)
Nonprofit institutional uses;
(f)
Offices: business or professional;
medical offices and clinics; veterinary offices;
and all other offices;
(g)
Public uses; and
(h)
Where approved by conditional use granted from the Board of Appeals:
[1]
Auto repair with repair areas.
[2]
Boat sales and repair.
[3]
Bowling alleys.
[4]
Commercial or trade schools.
[5]
Hotels.
[6]
Light industrial, where incidental
retail stores do not exceed 25,000 square feet of gross floor
area.
[7]
Major multifamily.
[8]
Marinas.
[9]
New and used vehicle sales/service and repair
with exterior storage and/or repair areas.
[10]
Recreational vehicle sales.
[11]
Theaters or auditoriums.
E.
F.
Design guidelines. Development in the VC District shall conform to the design guidelines in § 18:1-37 unless otherwise noted.
H.
Additional conditional use review
criteria.
(1)
In general. The rules set forth in this subsection
apply to the review of conditional uses in the VC
District.
(2)
General considerations.
(a)
The Board of Appeals shall review the concept
plans and elevations of the proposed use for suitability
to the site.
(b)
The Board of Appeals shall consider the following
items:
[1]
Consistency with the scale of surrounding buildings and uses in bulk, height and
setback;
[2]
Consistency with the architectural character
of the area, so that if adjoining buildings are residential
in character, the new buildings shall maintain that
character;
[3]
Conformity with any detailed area plans adopted
by the County Commissioners for the area; and
[4]
Compatibility with surrounding uses.
(3)
Proposed conversion.
(a)
An applicant must present evidence that a proposed
conversion will improve existing undesirable conditions on the property
such as traffic patterns and location and condition of structures.
(b)
When reviewing a proposed conversion of residential use to nonresidential use, the Board of
Appeals shall consider the relationship and compatibility of the proposed
conversion to surrounding uses and whether the proposed
conversion promotes cohesive development in the VC
District given the surrounding building scales, intensities
and locations.
(4)
Light industrial uses. Light
industrial uses shall be limited to uses having fewer than 12 employees, with all storage of materials to
be within structures. Company vehicles having signs on them or trucks shall be stored within structures or in parking areas that are fully screened from
adjacent properties with fences, berms or hedges.
(6)
Conditional uses in existence. The
expansion, enlargement or extension of uses that
are listed as conditional uses in § 18:1-25 of this Chapter 18:1 that are in existence on April 9, 1987, and that do not expand, enlarge or extend the floor area,
impervious area, number of boat slips or overall intensity of the use by more than 40% are deemed to be permitted uses and may not be required to obtain conditional use approval.
[Amended 9-7-2004 by Ord. No. 04-16; 5-13-2008 by Ord. No.
08-04; 2-24-2009 by Ord. No. 08-19]
A.
Purpose.
[Amended 6-11-2013 by Ord. No. 13-09]
(1)
The Waterfront Village Center (WVC) District is intended to facilitate
orderly mixed-use commercial, light industrial, marine-oriented,
and seafood-industry-oriented uses at the Kent Narrows
in accordance with the Kent Narrows Community Plan.
(2)
The WVC District is intended to preserve the character of the working
waterfront in the Kent Narrows area and allow greater freedom, imagination,
and flexibility in the development of land surrounding
the waterfront while insuring excellence in urban design and district
appearance. The WVC District allows flexibility in the relationship
of uses, structures, open spaces, water views and
vistas, and heights of structures.
(3)
This section is further intended to encourage more rational and economic development, and to encourage consistency with the objectives
of the Kent Narrows Development Foundation, and the Community Plan
for the Kent Narrows to accomplish the following objectives:
(a)
To establish the Kent Narrows as a year-round destination by
encouraging a mixture of uses that will attract visitors
to the area.
(b)
To link the quadrants of Kent Narrows for pedestrian access,
centralize parking and provide for pedestrian circulation
throughout the area, preferably along the waterfront, to alleviate
the need for vehicular traffic throughout the community.
(c)
To ensure that all new development and redevelopment
will have architectural design sensitive to the character of Kent
Narrows through establishing architectural design standards.
(d)
To establish County incentives for developers and property owners to create public improvements on or off their sites that will enhance pedestrian access by creating public access boardwalks
along the water and creating public plaza areas with pedestrian features
such as ornamental lighting, illuminated bollards, benches, trash
receptacles, information kiosks, wayfinding signage and other pedestrian furniture.
(e)
To allow flexibility in development standards
in order to encourage innovation and creativity in development and redevelopment and to discourage underutilization of valuable
parcels of land.
B.
Permitted uses.
(1)
Live-work units and home
occupations.
(2)
Mixed-use: Commercial combined
with residential components.
(4)
Aquariums.
(5)
Community or recreational centers.
(6)
Conference/convention centers,
banquet facilities and resort hotels.
(7)
Dredge disposal that disturbs less than 10 acres of land.
(8)
Gymnasiums, spas and health clubs.
(9)
Libraries.
(10)
Multifamily permitted to continue
if development plans are approved prior to July 1,
2008.
(11)
Museums.
(12)
Public services.
(13)
Retail kiosk.
(14)
Visitors and heritage centers.
(15)
The following commercial uses: theaters, business and professional offices, medical offices and clinics, offices, barbershops,
ice cream stores and stands, light mechanical repair, liquor stores,
retail sales, specialty retail sales, photo shops, tailor shops, boat
repair and sales, furniture sales, banks and other financial institutions,
service business, travel agencies, restaurants excluding drive-in
facilities, bars, nightclubs, taverns, maritime
stores, convenience stores provided that
the convenience stores are part of a larger development, hotels, motels, bed-and-breakfast/country
inns, fraternal organizations, commercial apartments, arts
and craft studios and shopping centers.
(16)
The following for-profit indoor recreational uses: swimming pools, skating rinks (both ice and roller),
tennis courts, miniature golf, soccer, lacrosse, racquetball courts,
handball courts, bowling alleys, and other similar indoor athletic
facilities.
(17)
The following light industrial uses: boat building, repair, maintenance and ground level boat storage,
seafood processing and packing plants, furniture refinishing shops,
monument works, scientific research and testing facilities related
to marine activities, and trade shops.
(18)
The following outdoor recreation uses: jogging, cycling, tot-lots, playfields, outdoor swimming pools,
tennis courts, putt-putt golf and all passive recreational
uses, such as nature areas, picnic areas and wildlife sanctuaries.
(19)
The following marine-related uses: marinas, boat docks, slips, piers, yacht clubs,
wharves, anchorages and moorings for yachts and pleasure boats or
for boats for hire carrying passengers on excursions, sightseeing,
pleasure or fishing trips.
(20)
Commercial waterman-related facilities including
dockage, storage and sales.
(21)
Public parking lots, private parking lots and parking facilities.
(22)
Public parks, landings, open space, plazas, amphitheaters and public space and recreational
facilities.
(23)
Facilities for marine police, harbor master
and other marine enforcement and service agencies.
D.
Accessory uses.
(1)
Satellite simulcast facilities. Satellite simulcast facilities are allowed as an accessory use in the WVC District, provided that there shall
be principal dining areas separate from those areas dedicated to the
joint use of dining and satellite simulcast facilities.
(2)
Retail kiosk. Retail kiosks are allowed as an accessory use in the WVC District,
provided retail sales are restricted to non-food items. A retail kiosk is a temporary structure that
is stored indoors when not in use and considered a temporary
use in accordance with requirements as outlined in § 18:1-53 of this Chapter 18:1.
[Amended 4-12-2016 by Ord. No. 16-01]
(3)
Permanent display of public art and heritage
exhibits in public accessways.
(5)
Recreational
vehicle overnight parking.
[Added 9-27-2022 by Ord. No. 22-02]
(b)
Overnight parking shall not exceed more than
15 recreational vehicles.
(c)
No recreational vehicle may be parked overnight for more than
four consecutive days.
(d)
Occupants of the recreational vehicle may stay overnight in
the recreational vehicle if they are members or guests of the organization.
(e)
No waste disposal facilities are to be located on-site. All
waste shall be disposed of at a legal and licensed waste disposal
facility off the premises or by a legal waste pump and hauling vehicle.
(f)
Shall comply with all other applicable laws and regulations.
E.
Prohibited uses.
(1)
Abandoned or sunken craft.
(2)
Covered piers or roofed structures over piers built before July 1, 2008. All existing and replacement
of existing covered piers or existing roofed structures over piers are permitted to continue and/or be replaced in accordance
with applicable state regulations.
(3)
Outside rack storage for boats.
F.
Development standards.
(1)
Residential densities. Mixed-use
development shall be allowed at a density of 10 dwellings per acre.
[Amended 6-11-2013 by Ord. No. 13-09]
(2)
Bulk standards for all uses.
(a)
Development in the WVC Zoning
District must comply with the following bulk and dimensional standards.
[1]
No principal residential structure may be located less than 100 feet from any tidal waters or wetland unless it meets the provisions and criteria of § 14:1-53 of the County Code.
[2]
The maximum floor area ratio (FAR) shall be 0.30 calculated on an individual lot area basis or cumulative for one or more contiguous lots or noncontiguous lots separated by a public or
private road where lots are under
common ownership or part of a unified development proposal, provided development is in compliance
with parking requirements and front, side yard and
rear yard setbacks. With respect to contiguous lots, side and rear yard setbacks may be waived to allow development across lot lines. For one or more contiguous parcels
or noncontiguous parcels in common ownership or part of a unified development proposal in which FAR is calculated
cumulatively, future development or redevelopment
of said lots shall be restricted to not exceed maximum FAR cumulatively. Definitions of lot, floor area
ratio and base site area are applicable
with respect to further subdivision or use of lots.
[3]
All structures shall comply
with the following minimum setback requirements.
|
Waterfront Village Center
| ||
|---|---|---|
|
Feature
|
Setback
(feet)
| |
|
U.S. Routes 50/301 graded road
|
50
| |
|
U.S. Routes 50/301 (elevated bridge)
|
25
| |
|
MD Route 18
|
25
| |
|
All other public roads
|
25
| |
|
Nontidal wetland
|
25
| |
|
Tidal wetland
|
15
| |
|
Between all structures
|
6
| |
|
Rear yard
|
10
| |
|
Side yard
|
10*
| |
|
NOTES:
| |
|
* Buildings on two adjacent lots or parcels may have less than a ten-foot setback from
the property line, provided that the spacing between buildings is at least 20 feet.
|
[4]
Height standards. The maximum height of any building may not exceed 45 feet, as measured from the flood
control elevation. Telecommunications facilities may
not exceed 55 feet in building height.
[5]
Residential units including commercial apartments shall comply with § 18-1:108, Moderately
priced dwelling units, of this chapter.
[Added 10-24-2017 by Ord.
No. 17-12]
(3)
Open space for mixed use
development. The open space ratio (OSR) for
all mixed use development shall be a minimum of 0.30.
The following uses are permitted in open spaces:
(a)
Private recreation facilities and open
space.
(b)
Stormwater management facilities using best management practices that are aesthetically pleasing
and consistent with waterfront development.
(c)
Public pedestrian accessways with improvements
in the form of boardwalks, paths, amphitheaters,
landscaped plazas and any combination thereof. Improvements shall
be appropriately located to complete connections between the existing
portions of boardwalk, sidewalks, paths and the Cross Island Trail
and future connections with an emphasis of providing public access and recreation along the waterfront.
[1]
Developers/land owners shall
be responsible for the perpetual maintenance of public open
space and improvements.
[2]
Developers/land owners shall
dedicate public access easement(s) for boardwalks, paths, amphitheaters, landscaped plazas and any combination thereof
for perpetual use of, and access to the public.
[3]
Public art, heritage displays and interpretive
signage can be placed within required open space with
public access.
(4)
Commercial apartments. Commercial apartments are not required to be included in the floor area ratio calculation of a building, nor shall it be considered
residential density, except that the percentage of commercial apartments as part of mixed-use shall not exceed that otherwise provided for in the table of Mixed Use Options for which commercial apartments shall be considered residential.
G.
Limitations on specific uses.
(1)
No individual use and/or tenant space
in a structure shall occupy more than 65,000 square
feet of gross floor area, except for the following uses:
(a)
Aquariums.
(b)
Commercial apartments.
(c)
Community or recreational centers.
(d)
Conference/convention centers and resort hotels.
(e)
High dry storage facilities or rackominiums with mixed use development, where approved by conditional use granted from the Board of Appeals.
(f)
Hotels.
(g)
Mixed-use developments.
(h)
Multifamily commercial condominiums.
(i)
Museums and exhibits.
(j)
Offices: business or professional;
medical offices and clinics; veterinary offices; and all other offices.
(k)
Yacht clubs.
(l)
Marinas, where approved by
conditional use granted from the Board of Appeals.
H.
Parking requirements.
(1)
Spaces shall be a minimum of 8 1/2 feet by 18
feet, except as provided below.
(b)
Parking required under this section or Chapter 18:1, Part 4, Article XIII, of this Chapter 18:1 may be provided completely or partially off site, provided that the parking area is in the WVC District; and the applicant enters
into a written agreement with the County ensuring
access for the development and the general public.
Such written agreement shall be recorded among the land records of
the County.
(c)
The proposed development shall
be generally consistent with the circulation plan for both vehicular
and nonvehicular modes of travel as described in the Comprehensive
Plan and the Kent Narrows Community Plan.
(d)
The Planning Commission may
off-set required on-site parking when an applicant
provides for the equivalent construction of new parking spaces on public property, or property to be deeded to the County as public land, within the WVC District.
(e)
When hotels are located in
concert or adjacent to banquet or conference facilities the Planning Commission may
grant a reduction in the required on-site parking when an applicant has provided pedestrian links and can demonstrate
a partnership between the banquet/conference facility and hotel.
I.
Signage.
(1)
Purpose and findings.
(a)
Signage associated with various land uses can have a significant effect on the health, safety,
and welfare of the citizens of the County. It is
desirable to minimize signs that distract a driver's
attention from the road. It is also recognized, however,
that signage is a necessity for business areas to thrive.
(b)
The Kent Narrows Waterfront Village Center District
is intended to be an economic and commerce center in the County. The Kent Narrows Community Plan is aimed at creating a destination
place for tourism and recreational activities. The new high-level
Kent Narrows Bridge and road improvements move traffic
through the area at a much faster speed, thereby making it more difficult
for individual businesses to attract visitors.
(c)
All signage for single or multiple uses must be consistent with the architecture of the principal structure and be submitted for review as part of a site plan review.
(d)
The regulations set forth in this subsection
are intended to allow reasonable visibility to area businesses while
not detracting from the character of the Kent Narrows.
(4)
Applicable standards.
(a)
Except as provided in the table below, the general
signage regulations for all development shall be those prescribed in § 18:1-81 of this Chapter 18:1.
|
WVC Signage Standards
| ||||
|
Sign Type
|
Dimension
| |||
|
Parcels with Live-work units
| ||||
|
Wall or projecting
sign per business
|
6 square feet
| |||
|
Parcels with Mixed-uses
| ||||
|
Wall or projecting
sign per business
|
6 square feet
| |||
|
One freestanding sign for parcel
|
60 square feet
| |||
|
Maximum height for freestanding sign
|
15 feet
| |||
|
Parcels with one use or business
| ||||
|
Wall or projecting
sign
| ||||
|
Individual sign
|
90 square feet
| |||
|
One freestanding sign
|
60 square feet
| |||
|
Maximum height for freestanding sign
|
15 feet
| |||
|
Parcels with more than one use or business
| ||||
|
Wall or projecting
sign per business
|
60 square feet
| |||
|
Freestanding sign for parcel
|
60 square feet
| |||
|
Wall or projecting
sign to identify overall development
| ||||
|
Individual sign
|
90 square feet
| |||
|
Cumulative
|
180 square feet
| |||
|
Maximum height for freestanding sign
|
15 feet
| |||
|
Parcels with shopping centers or convention centers
| ||||
|
Wall or projecting
sign per business
|
60 square feet
| |||
|
One freestanding sign for entire
parcel
|
150 square feet
| |||
|
Maximum height for freestanding sign
|
25 feet
| |||
(5)
Specific types of signs.
(a)
Use signs.
[1]
Where a use takes direct vehicular
access from more than one street or road, one additional freestanding sign shall be allowed for each road to which the use takes access.
[2]
Where a use adjoins more than
one street or road each frontage shall be allowed
a freestanding sign, provided that the total square
footage of freestanding signage on the site does
not exceed what is otherwise permitted for freestanding signage.
[3]
In addition to what is otherwise permitted by this Chapter 18:1, where a nonresidential use adjoins
a navigable waterway, one freestanding sign shall
be allowed, provided that the sign does not exceed
10 feet in height and 35 square feet in area.
[4]
Public access signs, as specified
by the County, to identify areas that are open to
the public.
(b)
Development signs.
[1]
Residential development signs shall provide only the name of the subdivision and/or
a logo for the development, and may not exceed six
feet in height and 36 square feet in area.
[2]
All development signs shall
be freestanding.
[3]
Lighting of a development sign may be by the general lighting of the area, shielded spotlighting,
internal backlighting, or backlighting.
(c)
Miscellaneous signs.
[1]
Marquees for theaters and museums shall be allowed
one sign provided that the sign has
an area that does not exceed the lesser of 15% of the area of the facade on which it is located; or 250 square feet in area
whichever is less.
[2]
Heritage signs shall be allowed
within public accessways and on public lands of size, material, design,
content and location approved by the County.
(d)
On-premise directional signs.
[1]
On-premise directional signs for the purpose of directing on-site circulation, parking ,and loading may be allowed, provided that the signs may not exceed four square feet in area and six feet in height.
(e)
Wayfinding signs.
[1]
In order to facilitate reasonable advertising
of commercial, industrial, and institutional uses within the Kent Narrows Waterfront Village
Center, off-premises wayfinding signs with common
logo shall be allowed in accordance with this subsection.
[2]
One off-premises directional sign shall be allowed at each of the following intersections:
[a]
Main Street/MD Route 18 and access road (east of Narrows);
[b]
Kent Narrows Road and Kent Narrows
Way;
[c]
Main Street/MD Route 18 and access road (west of Narrows);
[d]
Piney Narrows Swan Cove Road and
Piney Narrows Road;
[e]
Main Street/MD Route 18 and Kent
Narrows Way; and
[f]
Any other locations deemed appropriate
by the Planning Commission.
[4]
A sign may not exceed 20 feet
in height or 100 square feet in sign face area.
[5]
Signs and sign supports shall be constructed of natural material and consist of
earth-tone colors (i.e., brown, tan, gray); and shall be uniform in
materials and colors.
[6]
Sign script may not exceed
one foot in height for each business name.
[7]
Each off-premises directional sign shall advertise no more than 12 businesses.
[8]
The construction, design, location, and placement
of off-premises directional signs shall be administered
by the Kent Narrows Development Foundation, which shall have discretion
to establish reasonable fees and all signs shall
be subject to the approval of the Planning Commission.
(f)
Information kiosks. Information kiosks may be no higher than seven feet and
no larger than 12 square feet.
J.
Accessory docking facilities. Subject to the limitations of §§ 18:1-41 through 18:1-44 of this Chapter 18:1, accessory docking facilities are
allowed in the Waterfront Village Center (WVC) District, provided
no overnight occupancy is allowed at any accessory docking facility; and only docks and piers are allowed.
K.
WVC District design guidelines:
(1)
The architectural style, design and scale of buildings as well as their materials and colors must bear
a strong relationship to a waterfront setting. The architectural relationship
of the development to the waterfront as viewed from
the water and adjacent public streets is important with respect to
the following:
(a)
Vehicular and pedestrian linkages. Linkages
between architectural and site design of proposed development/redevelopment to all points or paths of public
access.
(b)
Buildings placement. Buildings should be placed along the waterfront oriented
to maximize water views and to allow for public access easements to the water. The following diagrams depict the design concepts
for placement of various amenities.
|
Figure 1: Design Concept for Waterfront
Access
 |
(2)
All new development and redevelopment
in the WVC District is strongly encouraged to incorporate the following
design guidelines. The Planning Director and/or Planning Commission shall consider these guidelines and
the applicable design objectives of the Kent Narrows Community Plan
when reviewing and approving development and redevelopment
within the WVC District, though some flexibility in application may
be necessary to accommodate existing conditions of a site or when balancing implementation of these design guidelines with
other regulatory requirements.
(a)
Boardwalks: Public access boardwalks as indicated
in the Future Circulation Plan, wherever possible, shall be located
at the shoreline unless an applicant proposing a secured facility
not open to the public can sufficiently demonstrate that a shoreline
boardwalk will compromise on-site security in the area where watercraft
are moored, berthed or docked at the waterfront then an alternate
pedestrian access to provide the connections proposed in the Future
Circulation Plan and public waterfront access may be considered. The Planning Commission or Planning Director may not approve an alternate boardwalk location unless it finds
that the alternative is consistent with the goals and objectives of
the Future Circulation Plan and the Kent Narrows Community Plan. The
following boardwalk design standards shall apply:
[1]
The minimum width at any location along the
boardwalk shall be 12 feet.
[2]
Top of deck shall be a minimum of four feet
above mean water level (MWL) or match the existing adjacent grade
elevation, whichever is greater.
[3]
The boardwalk and any other pedestrian ways
shall be handicapped accessible.
[4]
In situations where any part of the boardwalk
is laid directly on grade, the surface below the construction shall
be treated to prevent the growth of vegetation.
(3)
Exterior lighting: Exterior lighting should
be of a design and size compatible with the building and adjacent uses. Lighting should be restrained
in design, and excessive brightness or glare should be avoided. Lighting
for pedestrian areas, boardwalks and walkways should be aesthetically
pleasing and adequate for public safety, as well as in keeping with
the working waterfront design theme.
(a)
Pedestrian scale ornamental lighting shall be
provided along the waterfront on boardwalks and pedestrian walkways
using illuminated bollards along the waterfront and/or with pedestrian
scale ornamental lighting either along the edge of the boardwalk furthest
from the waterfront or placed behind the boardwalk between the boardwalk
and building facades. Figure 2 provides details of
acceptable styles with the ability to have a similar style approved.
 |
|
Figure 2 — Ornamental Lighting
| ||
|---|---|---|
 |
 | |
(b)
Along walkways and on boardwalks an illumination
level of 0.6 lumens per horizontal square foot shall be provided with
mounting height not in excess of 10 feet if ornamental lighting is
used. Sodium vapor light source is unacceptable for pedestrian lighting.
(c)
Parking lots shall be lighted
to an illumination level of 1.0 lumens per horizontal square foot
with mounting height not in excess of 25 feet. Sodium vapor light
source will be allowed.
(4)
Streetscapes, boardwalk, pathways and open space furniture: Outdoor furniture for streetscapes
and public spaces shall be in keeping with working waterfront design
theme. The following standards shall apply:
(a)
Benches shall be provided consistent with the
diagram. Benches shall be placed no further than 100 feet apart along
the boardwalk in groupings. Public plazas shall contain, at a minimum,
one linear foot of seating for every 100 square foot of plaza. Figure
3 provides details of an acceptable style.
|
Figure 3 — Benches
 |
(b)
Trash receptacles shall be provided consistent
with Figure 4 and shall be spaced in proximity to benches, outdoor
dining areas and entrances to business establishments.
|
Figure 4 — Trash Receptacles
 |
(c)
Bollards shall be provided consistent with Figure
5. Depending upon the location and need for illumination, the bollards
may or may provide illumination for safety purposes. Illumination
requirements are to be determined by the County.
Bollards styles should be provided similar to diagramed design concept.
|
Figure 5 — Illuminated Bollard
 |
(d)
All public and private streetscapes, boardwalks,
pathways and open space shall be built and improved
to meet the requirements for pedestrian access and to the specifications
for public improvements.
(5)
Landscaping: Parking areas
and sidewalk areas shall be enhanced with landscaping. Attractive
landscape transition to adjoining properties should be provided and
existing mature landscaping/trees on sites should
be preserved. Landscape and screening treatments between potentially
incompatible uses should be enhanced when necessary
to lessen any negative impacts. Landscaping shall not be used to block
waterfront view or vistas. Street trees should be planted to help
enclose and shade the street and pedestrianways.
(a)
Emphasis should be placed on native vegetation.
Shrubbery requiring high maintenance should be avoided. Seasonal flowering
plants should be encouraged for accent areas.
(b)
Ground cover such as ivy should be used instead
of higher maintenance planting such as grass.
(c)
Evergreen plantings should be considered for
use as screening instead of fencing or walls.
(d)
All plant material should carry a guarantee
of at least one growing season and should generally average the median
size ranges indicated by the requirements of the "U.S.A. Standard
Nursery Stock" as published by the American Association of Nurserymen.
(6)
Parking areas: Parking areas should be to the side and rear of buildings with allowances for shared parking to the rear
of buildings or in public parking lots or facilities. Connecting rear parking lots
should be encouraged to allow customers and residents to drive to
establishments along corridors without entering public roads and interrupting traffic and pedestrian flows. Individual curb cuts
should be reduced. Parking should not be placed directly
in front of the portion of the building facade containing
the primary entrance to the structure.
(7)
Walkways/pathways: Public viewing and access
walkways/pathways identified on the Future Circulation Plan can be
constructed in one of two ways. In both cases, walkways/pathways will
be a minimum of five feet in width and ADA compliant.
(8)
Roadside sidewalks: Roadside sidewalks should
be provided when sites are developed or redeveloped.
Sidewalks linking structures to roadside sidewalks
and pathways should be provided where practical. Sidewalks shall be
ADA compliant.
(9)
Building design characteristics:
New construction, redevelopment and rehabilitation of existing structures should be designed and built to blend with existing structures in Kent Narrows encouraging innovative and creative
solutions in terms of formal characteristics, such as shape, height,
massing, roof shapes and door and window proportions. The following
guidelines are based on these existing conditions:
(a)
All materials will be subject to review by the
KNDF Board of Directors.
(b)
The predominant roof form of the Kent Narrows
is sloped, not flat. It is highly recommended that where possible,
the use of sloped roof be incorporated into buildings form.
(c)
All mechanical equipment and service areas must
be screened from view of adjacent roads and structures with a parapet or other screening device which
is an integral part of the screening building design.
(d)
Signage should be in compliance with WVC Zoning
requirements with regard to size, location, number, lighting and other
requirements. The signage should be consistent with building design and color scheme and be located so as not to detract from
the overall project architecture.
(e)
Fencing should be treated as part of the overall
building design in its material and color. Fences should be limited
to screening service area and mechanical equipment so as not to block
possible water views and vistas. Where they are used for property
definition, they should be designed to be as open as possible.
(10)
Site design criteria for buildings and public space: The following general requirements
should be taken into consideration when designing buildings and preparing site plans.
(a)
Wherever possible, retail, outdoor restaurants, public plaza areas, or some other type of activity space should
be planned adjacent to the public boardwalk to enhance pedestrian
movement. "Dead" activity areas should be avoided at all costs.
(b)
Retail kiosks may be placed
within or adjacent to pedestrian walkways and boardwalks in compliance
with ADA standards and acceptable design standards. A permit must
be obtained from the County to establish a retail kiosk at an approved location.
(c)
Wherever possible, arcades or covered areas
should be planned along the boardwalk to provide protection from the
weather.
(d)
Buildings and structures with waterfront access, view or vista should be oriented toward
the water with building and structure design to be double-fronted (one facing the water and the other
facing the adjacent street). Buildings should be
appropriately scaled and in harmonious conformance with neighboring development.
(e)
Full facade treatment, foundation
landscaping and lighting should be required on all building elevations that are visible from the public way and water.
(11)
Access: In order to minimize the number of vehicular
access points on public roads in the Kent Narrows
area for reasons of pedestrian and vehicular safety and to promote
adequate circulation by reducing congestion caused by turning movements, development requiring site plan or subdivision approval should comply with the following standards:
(a)
All uses should be discouraged
from taking more than one point of access. In instances where more
than one access point is needed, the number should be minimized by
combining access points for adjacent parcels.
(b)
Uses having at least 100 feet
of road frontage may have a single access per 100
feet of frontage. Access points should not be located within 75 feet
of each other measured from center line of each accessway.
(c)
Parcels having less than 100 feet of road frontage will be encouraged to have a system of shared
access points with linked parking areas for internal
circulation.
(d)
At intersections of access and public roads, an area of clear vision should be maintained at least
100 feet in approaching directions. All plant material within this
area should be kept lower than three feet.
L.
Minimum public improvements required.
All new developments and redevelopment of lands with water frontage shall be required to provide basic boardwalk improvements in accordance with Subsection K(1) for public access in accordance with the following:
M.
Site plan review; approval of site plan. In addition to the requirements of Part 7, Article XXV, the Planning Commission or Planning
Director may not approve a site plan for development of a parcel in the Kent Narrows area unless
it has fully considered the recommendations of the Board of Directors
of the Kent Narrows Development Foundation and makes the following
findings:
(1)
That the development is consistent
with the goals, objectives, and policies of the Kent Narrows Area
Plan component of the County's Comprehensive Plan until such point as it is updated.
N.
Bonus.
(1)
In general.
(a)
When approving a site plan within
the WVC District, the Planning Commission at the
time of site plan review may consider a modification to Subsection F(2)(a)[2] and (4) to permit a maximum nonresidential floor area ratio of 0.40 and height of 55 feet (for any
nonresidential or multifamily resideential building with no other bonus provision requirements specified in Subsection N(2) below, provided at least 50% of the first floor area is elevated to allow for parking under the building.
[Amended 7-10-2012 by Ord. No. 12-03]
(b)
When approving a site plan within
the WVC District, the Planning Commission at the
time of site plan review, may grant a bonus to the
normally allowed floor area and building
height standards as provided in Subsection F above.
(d)
The resulting bonus may not exceed the maximum
bonus allowed by the bonus schedule.
(2)
Determination of bonus.
(a)
Basis.
[1]
The allowable bonus shall be determined based
upon a monetary contribution or value of the amenity to be provided by the developer for the public
benefit for the amount of improvements proposed that exceed those
permitted under the ordinance. Public amenities include,
but are not limited to:
[b]
In addition to the required 30% open space improvements, an additional 10% public open space improvements or monetary contribution for improvement
of existing public lands, public art and heritage signage using the
following formula:
[c]
Ten percent of proposed slips dedicated
for public access.
[d]
Mixed residential-commercial uses that provide 10% moderately priced dwelling
units in accordance with § 18:1-108.
[f]
Monetary contributions may be paid
over three years accruing at 1% over prime rate annually.
[2]
A list of amenities and associated
costs shall be kept by the Director.
(b)
In addition to consideration of the value of the amenity as provided in Subsection N of this section, the Planning Commission, when approving a bonus at the time
of concept plan, shall consider:
[1]
The intent of this section;
[2]
Provisions for public open space and amenities as described in the Kent Narrows
Community Plan;
[3]
Compatibility with adjacent existing and permitted uses and developments;
[4]
The particular dimensions, grade, and orientation
of the site; and
[5]
How the amenities provided
or the contribution and increase in floor area will
help achieve the goals, objectives, and policies for development in the Kent Narrows.
(c)
The Planning Commission shall
grant a bonus only if the Planning Commission finds
that the proposed development:
[1]
Is consistent with the overall development scheme in the Kent Narrows Community Plan;
[2]
Will not overburden existing public
services, including parking, water, sanitary
sewer, public roads, storm drainage, and other public improvements;
[3]
Will not create a threat to the public health,
safety, or welfare.
[Amended 9-7-2004 by Ord. No. 04-17; 7-8-2008 by Ord. No.
08-12]
A.
Purpose.
(1)
This district is intended to provide for master-planned
residential or mixed-use development on sites at appropriate locations as identified in the Chester/Stevensville
Community Plan. The district provides for a flexible development concept, good site design, architectural integration
in the configuration and style of buildings, functional open space and required public facilities as part of a unified
and coherent plan of development. Permitted uses generally include a variety of housing types, institutional uses and nonresidential uses that can be compatibly integrated within the development.
(2)
The CMPD District is created where public
utilities (water and sewer) and infrastructure (roads, walkways, and hike/bike trails) may be extended and interconnected
with existing and/or planned public utilities and
infrastructure. New development of parcels should
be accomplished in a way to integrate approved residential
uses with commercial and institutional
uses of a size and scale designed to provide needed and appropriate
services to the Chester community. Infrastructure improvements relating
to roads and trails are important and should follow
the recommendations made in the transportation element of the Chester/Stevensville
Community Plan.
B.
Location. The CMPD District is intended to have specific
application to the Chester/Stevensville Community Planning Area. As
such, the CMPD District may only be applied to lands as designated
by the Chester/Stevensville Community Plan.
C.
Permitted uses. The following uses are permitted within the CMPD District:
(2)
All institutional uses, including
golf courses.
(4)
Commercial uses are permitted only
in association with a residential and/or institutional mixed-use development. The Planning Commission shall
approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development
plan. In order to approve any specific commercial
use and its appropriate size, the Planning Commission must find that the proposed commercial uses:
(5)
The following commercial uses are
permitted as a component of a mixed-use development pending approval by the Planning Commission:
(a)
Small-scale retail and service businesses sized
to accommodate the convenience and commercial needs of the Chester
community;
(b)
Restaurants;
(c)
Business or professional offices;
(d)
Medical offices or clinics;
(e)
Banks or financial institutions;
(f)
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses such as conference facilities, aquatic facilities,
health spas, athletic courts, etc.;
(g)
Marinas; and
(h)
Other commercial uses with
similar impacts as determined by the Planning Commission.
(6)
Effluent disposal uses.
(7)
Home occupations.
(8)
Multifamily.
(9)
Resort country club.
(10)
Resort health and fitness clubs.
(11)
Single-family.
E.
Development standards.
(1)
In general. Applications for development in the CMPD District shall conform to the design standards adopted
by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and meet the following standards in addition to all other applicable requirements of this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within this Chapter 18 may be found to conflict with the standards contained in this section or the Design Standards for New Neighborhoods, only the standards contained in this section shall apply.
(2)
Use mix. In a mixed-use development that includes commercial uses, no more than 50%
of the developed portion (total site area less the
required 25% open space area) of the site may be utilized for commercial use.
(3)
Maximum density. Maximum residential density for a CMPD District development shall be six dwelling units per acre for that portion
of the development used for residential purposes
and eight dwelling units per acre if TDRs are used, unless apartment development is
proposed which may allow up to 20 units per acre limited
to a maximum of five acres of the proposed master
planned development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and represents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
(b)
The apartment development is providing workforce
housing, age-restricted housing, or moderately priced
housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
|
If the unified development plan consists of
more than one parcel or lot, the acreage of the parcels
or lots may be combined to compute the allowable
residential density. If the development plan combines parcels or lots to compute allowable residential density, the lots or parcels may not thereafter
be considered separately in any subdivision, site plan or zoning certificate approvals.
|
(4)
Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a CMPD
District development is 0.25. The maximum permitted
amount of nonresidential floor area may be increased
by 25% if TDRs are utilized.
(5)
Planning Commission final determination
on density and floor area ratio.
(a)
The Planning Commission may
require a lower residential density and/or floor area ratio if it finds that the maximum permitted density or floor area ratio would result
in:
[1]
Development that is not be
compatible with existing or anticipated development in the surrounding area;
[2]
Development that creates a
detrimental impact on the environment; or
[3]
Development that will render
existing or planned public facilities including, but not limited to, roads, water, sewer and schools inadequate.
(b)
The Planning Commission may
also find that a proposed residential density and/or floor area ratio is not consistent with the Community Plan
and is too low and would not be an efficient use of limited lands
zoned for master-planned development, in which case
the Planning Commission may make recommendations
to the applicant to revise the plan in a way to be consistent with
the Community Plan. In no case may the residential densities and floor area ratio be greater than permitted by
this section.
(6)
Open space. Common or public open space shall comprise at least 25% of the total site area. At least 10% of the required common or public open space shall be utilized for outdoor recreational
uses as defined in § 18:1-12 of this Chapter 18:1. If the open space is to be commonly owned, instead
of being dedicated to the County, legal documentation
ensuring its continuance and maintenance must be submitted to and
approved by the Planning Commission. The physical
distribution of open space shall conform to the design
standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation
of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as
amended.
(7)
Design standards. Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, and lighting shall be determined by the Planning Commission for each individual development in the CMPD District and shall conform to the design standards adopted
by resolution of the County Commissioners No. 08-06,
Design Standards for New Neighborhoods: A guide to creation of Smart
Neighborhoods in the CMPD & SMPD Zoning Districts, as amended;
except that no telecommunications facility shall
exceed 55 feet in building height. In determining
these standards, the Planning Commission shall consider
such factors as the proposed intensity of the development, use mix, the layout of buildings, roads, and walkways, environmental protection
considerations, the architectural and landscaping features incorporated
into the development, buffer yards between uses and along property lines and compatibility
with existing or anticipated development on surrounding
lands. The purpose of this standard is to provide design flexibility,
consistent with public health and safety, to the developer who subdivides property and constructs buildings in accordance with a unified and coherent plan of development.
(8)
Traffic circulation and pedestrian linkages shall
conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended, and:
(a)
On-site and off-site streets, traffic circulation
patterns and pedestrian linkages shall be adequate to accommodate
the demands generated by the proposed development. Where practical, streets and pedestrian linkages shall be designed
to connect with adjacent parcels where future development is anticipated.
(b)
Private internal streets/roads are permitted if the Department of Public Works and Planning
Commission find that such streets/roads will
be adequate to carry projected traffic, will be properly maintained,
and are more appropriate to the overall development design than public streets.
(c)
Existing County roads that
may be extended and utilized as either minor or major collector
streets shall be appropriately utilized and extended as minor
or major collector streets.
(d)
The layout of a proposed subdivision, when possible, shall seek to develop minor and/or major collector streets, with bike lanes, to carry traffic generated
by the local streets in the development to destinations
within or outside of the development.
(e)
All roads and streets shall
be closed sections with sidewalks and adequate drainage/stormwater
management and shall be generally consistent with current roads standards.
(f)
Streets shall generally loop or interconnect;
dead-end streets (except where a street is closed pending development of an adjoining parcel) and culs-de-sac shall
be avoided unless there is no other development alternative.
(g)
Transportation improvements must be determined
to be consistent with the transportation element of the Community
Plan and any County corridor management plan or transportation
plan adopted by the County.
(9)
Development phasing. Development phasing for development for the CPMD District shall comply with § 18:1-38 of this Chapter 18:1 and with the following:
(a)
Construction on the commercial component of
a mixed-use project involving residential development shall not commence until at least 50% of the required sewer and
water allocation for the residential development has
been purchased and on-site sewer, water, and road improvements and recreational amenities necessary
to service 50% of the residential component have been completed, as
provided for in the developer's agreement and approved
by the Planning Commission.
(10)
Sign standards. Sign standards for commercial development in the CMPD
District shall be the same as those applying to the Suburban Commercial
(SC) Zoning District, including the design standards adopted by resolution
of the County Commissioners No. 08-06, Town Center
(TC) District, Urban Commercial (UC) District, and Suburban Commercial
(SC) District Design Standards: Commercial and Mixed-Use Development
Design Standards, as amended. Sign standards for
all other types of development in the CMPD District
shall be the same as those applying to the Suburban Residential (SR)
Zoning District. The Planning Commission may approve residential development identification signs in the CMPD Zoning District which vary in height, size and type
from those otherwise allowed under this section, if the proposed residential development identification sign(s) is:
[Amended 8-24-2010 by Ord. No. 10-03]
G.
Development review process.
(2)
Specific procedures for the CMPD District. Notwithstanding Subsection G(1) above, the following items shall apply to the development review process for CMPD projects:
(a)
A preapplication conference between the applicant
and Department of Planning and Zoning staff is required for all CMPD
District development;
(b)
A comprehensive array of supporting information
and analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as
part of the sketch and/or concept plan application. Required information
and studies shall include an adequate public facilities study, historic
features and cultural resources inventory, and an environmental impact
assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly
identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate
such impacts; and
(c)
The applicant shall submit any additional information,
plans, specifications, documents, drawings, etc., necessary to determine
compliance with the CMPD development standards contained
in the Planning Commission findings contained below
in this section.
(3)
Planning Commission findings. The Planning Commission shall make the following findings with
regard to development approvals in the CMPD District.
The proposed development conforms with all applicable
requirements of this section including:
(a)
Roads and streets loop and
connect internally, and to the extent practicable are configured to
interconnect and be extended into the road and street
network that may be developed on adjacent undeveloped land;
(b)
Hike and bike lanes/walkways are provided for
nonvehicular public access to the development that
connect with existing hike and/or bike lanes/walkways and are able
to connect with hike/bike lanes/walkways that may be developed on
adjacent undeveloped land;
(c)
A minimum of 25% of the land in the proposed development is devoted to commonly or publicly owned open space and meets the requirements for mandatory parkland dedication.
(e)
The proposed development conforms
to the Chester/Stevensville Community Plan;
(f)
The proposed development, in
conjunction with reasonably anticipated development in the surrounding neighborhood, will not adversely impact the adequate
and orderly provision of public services and facilities
for the area;
(g)
The proposed development, in
conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities
standards with regard to traffic;
(h)
The proposed development is
planned in such a manner as to protect environmentally sensitive areas
and important historic or cultural features on the site; and
(i)
The proposed development is
designed to be compatible with existing development in the surrounding neighborhood, and/or the proposed development contains adequate screening, landscaping and buffer yards to protect the surrounding neighborhood and
conforms to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended.
[Added 10-27-2009 by Ord. No. 09-11]
A.
Purpose.
(1)
This district is intended to guide the creation of neighborhoods,
villages and protected countryside on lands designated as Chester
Village Expansion Area in the Chester/Stevensville Community Plan
and conform to the design standards for New Neighborhoods for the
CMPD and SMPD Districts, adopted by resolution of the County
Commissioners No. 08-06. The NVC District is intended to
create a relatively self-contained community with a compact mix of residential, commercial, employment/office, and civic land uses. The NVC District provides for a range of housing choices,
with design elements that foster pedestrian and bicycle activity,
public safety, environmental protection, long-term investment, efficient
use of infrastructure, and efficient provision of public services. Development utilizing the NVC District must exhibit
all of the following characteristics:
(a)
Integrated mix of uses, including residential,
commercial, employment/office, civic, and open space based upon a neighborhood and village center-to-countryside transect
that defines the zoning district;
(b)
Range of housing types, and density; and cost;
(c)
Provides low and medium commercial uses in
NVC District neighborhoods.
[Amended 6-11-2013 by Ord. No. 13-07]
(d)
Compact design with architectural harmony, including compatibility
in styles, materials, colors, and building size,
build-to lines and/or setbacks;
(e)
Interconnected network of public streets, sidewalks, substantial
on-street parking and paths designed to balance the
needs of all users, including distinct separation between pedestrians,
bicyclists and motor vehicles based on a modified grid system;
(f)
A hierarchy of streets provided in the neighborhood so that
larger streets and sidewalks accommodate larger buildings with higher commercial intensities and higher residential densities while smaller streets have smaller buildings and sidewalks with lower commercial intensities and residential densities with traffic calming and shorter turning radii
than suburban streets, and medians, circles and related features along
prominent streets;
(g)
Streets and buildings shall be designed so
the building height facing the street is proportional
to the width of the street in a regular pattern unbroken by parking lots;
(h)
Alleys provided in mixed use areas of the NVC District neighborhood to facilitate rear-loaded parking, municipal services, and loading and unloading of
goods;
(i)
Lighting which is designed for safe walking and signage which
has pedestrian orientation;
(j)
Parks, squares and other common open spaces integral to the community to promote recreational opportunities,
and to provide a setting for the architecture of the development; and
(k)
Location adjacent to existing development with
a system of land subdivision and development which links one neighborhood to another and can be logically extended.
(2)
These standards are established to foster the development of comprehensively planned mix of land uses, housing
types, and density, requiring skillful architectural
and landscape design standards. This NVC District is also created
to avoid the negative impacts of suburban sprawl by minimizing infrastructure
costs, traffic congestion, and environmental degradation.
B.
Transect. Neighborhoods and villages have physical forms that vary
in character and intensity. A neighborhood village center-to-countryside
transect that describes these characteristics in existing communities
is used as the organizing principle for a new neighborhood and village.
A new neighborhood and village on land designated NVC is to be planned
using the "transect zones" shown on Figure 1.[1] These transect zones must be delineated on a regulating
plan prepared by an applicant and submitted with all subdivision or site plan applications.
C.
Minimum size. A new neighborhood and village shall not have a minimum
size; however each neighborhood within an NVC District generally would
be scaled upon a five-minute walk radius (approximately 1/4 mile,
1,320 feet) and range from about 40 to 160 acres not
including land set aside for open spaces, greenbelts
and Chesapeake Bay Critical Area components. The
shape and form of the neighborhood is flexible and responds to physical
or geological conditions, provided that the maximum one-fourth-mile
radius benchmark for scale is generally maintained. The neighborhood
is further divided into a series of blocks interconnected with a network
and hierarchy of public streets, sidewalks, bicycle paths, trails
and alleys. Parcels significantly larger than 160 acres should be developed as multiple neighborhoods, with
each neighborhood designed to be integrated into an overall plan to
create a larger village made up of two or more neighborhoods and the
total site subject to all the provisions. Applications
for sites significantly less than 40 acres shall be considered when adjacent to or integrated with an existing
developed area, subdivision, neighborhood or development in designated growth areas.
D.
Approval process. The approval process for a new neighborhood and village in the NVC District shall be as provided elsewhere in Chapter 18 except as follows:
(1)
Regulating plan. In addition to other information required in this Chapter 18, the applicant must submit to the Planning
Commission for approval a proposed regulating plan that complies
with the following standards:
(a)
The entire area within the proposed plan and all adjoining roads, water resources, and other rights-of-way or easements must be shown on the regulating plan.
(b)
(c)
The precise location of proposed streets throughout the neighborhood or village, indicating the specific type of each street. Streets types must comply with the transect zone through which they pass and must provide right-of-way in accordance with the standards in Subsection P. See also Table 3 and Figures 5 through 16.[3]
(d)
Proposed lot lines do not need to be shown
on the regulating plan, but all land to be subdivided into lots must indicate the proposed lot types,
which must comply with the transect zones where the lots are to be located and be able to meet the development standards for each lot type.
(e)
The approximate location of the surface water management system,
including its outfall and all connections with existing drainage features.
(f)
The location of civic spaces including those required by Subsection I, and whether the civic spaces qualify as open space components.
(g)
The location of civic uses.
(h)
The location of moderately priced dwelling units.
(i)
The proposed regulating plan must be accompanied by tabular
data demonstrating compliance with all requirements of the NVC District.
E.
Phasing of a neighborhood and village. Preliminary approval must
be obtained for the entire neighborhood or village, including its
Open Space (OS) or Countryside/Greenbelt (T1) component, even if subsequent development may occur in phases. If final approval is sought
in phases, the first phase must include the entire Open Space (OS)
or Countryside/Greenbelt (T1) component including recorded easements indicating that residential density has been transferred into Low Residential (T4), Medium Residential
(T5) and Mixed/Neighborhood Village Centers (T6). Each phase must
indicate how the remaining phases are planned to be integrated with
the earlier phases. Tabular data must be provided for existing phases
and for all future phases to ensure that all requirements of the NVC
District will be met. Commercial uses shall be developed
generally commensurate with residential uses within
the neighborhood or village. All of the above shall be depicted on
a phasing plan to be approved by the Planning Commission.
[Amended 6-11-2013 by Ord. No. 13-07]
F.
Standards and requirements for transect zones.
(1)
All land within a new neighborhood or village must be allocated
to one of the six transect zones described below; however, the use
of all six transects zones in a new neighborhood or village is not
required. Special Districts (SD) may be considered by the Planning Commission for public middle or high schools or
other community facilities. Lands considered for meeting the required
20% minimum open space, active or passive recreation
areas, recreational facilities, parks, plazas, greens, commons or
squares must be identified as Open Space (OS), Lands considered for
meeting the 5% minimum active recreation area must be identified as
Active Recreation (AR). Each transect zone controls land use,
lot types, street types, and the placement and intensity
of buildings and other uses of land:
(2)
Allocation of land within each new neighborhood or village shall
be as shown in Table 1.
|
Table 1
Allocation of Transect Zones
[Amended 6-11-2013 by Ord. No. 13-17]
| ||
|---|---|---|
|
Transect Zone
|
Allocation
| |
|
Countryside/Greenbelt (T1)
|
300-foot minimum average width/no maximum acreage
| |
|
Estate (T2)*
|
1,320-foot minimum width/no minimum percentage/maximum 15% of
total acreage
| |
|
Edge (T3)*
|
200-foot minimum width/no minimum percentage/maximum 15% of
total acreage
| |
|
Low Residential (T4)**
|
Minimum 30%/maximum 80% of acreage
| |
|
Medium Residential (T5)**
|
Minimum 5%/maximum 20% of acreage
| |
|
Mixed/Neighborhood Village Center (T6)**
|
Minimum 5%/maximum 40% of acreage
| |
|
Special District (SD)
|
Maximum 40 acres
| |
|
Open Space (OS)
|
Minimum 20% of acreage/no maximum acreage
| |
|
Active recreation (AR)
|
Minimum 5% of acreage/no maximum acreage
| |
|
NOTES:
| |
|---|---|
|
No development within a NVC District shall
be located within 300 feet from tidal waters in the Chesapeake
Bay Critical Area. A minimum of 20% of the total acreage
must be allocated to common areas, open space, or
required landscaping with an additional 5% of the total acreage allocated
to Active Recreation (AR) with dedicated public access to water. Countryside/Greenbelt
(T1) designated areas must maintain a minimum average width of 300
feet. Active Recreation may include but is not limited to: walkways
and sidewalks sized to accommodate bicycling, jogging and other activities;
pavilions; playing fields, playgrounds, village greens and pocket
parks; and similar spaces in which public recreational activities
regularly occur.
| |
|
* Residential density in the NVC District is
intended to be directed into the Low Residential (T4), Medium Residential
(T5) and Mixed/Neighborhood Village Center (T6) zones. Lots in the Estate and Edge zones must be supported by development rights transferred from an off-site eligible sending site. (See Chapter 18:1, Part 6, Article XX.)
| |
|
** The minimum and maximum percentage of allocation of Low Residential
(T4), Medium Residential (T5) and Mixed/Neighborhood Village Center
(T6) transect zones do not include land allocated to Countryside/Greenbelt
(T1), Estate (T2) or Edge (T3) transect zones or required open space allocations. Additionally, NVC properties that
also contain or abut Countryside (CS) zoned land may utilize the CS
land to meet part of its open space requirements
as determined by the Planning Commission as part
of the Regulating Plan. The appropriate legal instruments shall be
approved by the County restricting the uses on the CS property to open space only. Those uses may include but are not limited to passive recreation,
stormwater management facilities, other resource protection uses.
|
G.
Transect assignment concepts. A proposed regulating plan must clearly
indicate the allocation of transect zones within the entire NVC District
to define the character of various portions of the project. The following
general guidelines shall be followed when proposing transect zones:
(1)
A neighborhood or village should generally have less intensity
where it adjoins existing or planned development with
less intensity. Where adjacent to a major or minor arterial, major or minor collector highway, or adjacent
to an established urban area, the transect zones with greater intensity
may adjoin that highway or urban area.
(2)
Similar uses should face across streets; changes
in transect zones should generally occur along rear or side lot lines rather than along streets.
(3)
Where a neighborhood or village adjoins an existing or approved
neighborhood, the neighborhood or village should establish similar
transect conditions (such as Low Residential aligning with Low Residential,
and Countryside/Greenbelt aligning with Countryside/Greenbelt). Transect
juxtapositions may be approved by the Planning Commission where natural conditions warrant them or where alignment of similar
transect conditions would be inappropriate due to existing or proposed uses on adjacent properties.
H.
Lot types. The neighborhood or village must contain
a mixture of lot types to provide a variety of uses and diverse housing options. Differing lot types may be placed back-to-back on a single block to provide harmonious
transitions between lot types. Lot types should be selected to provide buildings of
like scale and massing on opposite sides of streets.
(1)
The neighborhood must contain at least one mixed-use or retail building lot and at least three civic building lots; one civic building must
be constructed within two years after development commences.
(2)
The following lot types may be assigned within
the corresponding transect zones as provided in Table 2. An applicant
may propose additional lot types, provided the lot types comply with the intent of the NVC District; the Planning Commission shall decide whether to accept, modify,
or reject such additional lot types during the approval
process.
|
Table 2
Transect Zone Lot Types
| ||||||
|---|---|---|---|---|---|---|
|
Countryside/
Greenbelt
(T1)
|
Estate*
(T2)
|
Edge*
Residential
(T3)
|
Low
Residential
(T4)
|
Medium
Residential
(T5)
|
Mixed/
Neighborhood
Village
Center
(T6)
| |
|
Mixed-use building lot
|
X
|
X
| ||||
|
Retail building lot
|
X
|
X
| ||||
|
Apartment building lot
|
X
|
X
| ||||
|
Live/work lot building
|
X
|
X
| ||||
|
Apartment houses lot
|
X
|
X
| ||||
|
Townhouse lot building
|
X
| |||||
|
Cottage house lot
|
X
|
X
| ||||
|
Sideyard house lot
|
X
|
X
| ||||
|
House lot
|
X
|
X
|
X
|
X
| ||
|
Manor lot
|
X
|
X
|
X
| |||
|
Edge tract
|
X
|
X
| ||||
|
Civic building lot
|
X
|
X
|
X
|
X
|
X
|
X
|
|
NOTES:
* Lots in Estate and Edge transect
zones are limited to a maximum of 15% of the land area.
|
I.
Permitted uses.
(1)
The following uses are permitted within the
NVC District.
(b)
All institutional uses, including golf courses.
(d)
Commercial uses are permitted only in association
with a residential and/or institutional mixed-use
development. The Planning Commission shall
approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development
plan. In order to approve any specific commercial
use and its approximate size, the Planning Commission must find that the proposed commercial uses:
(e)
The following commercial uses are permitted
as a component of a mixed-use development pending
approval by the Planning Commission:
[1]
Retail and service business sized to accommodate
the convenience and commercial needs of the community;
[Amended 6-11-2013 by Ord. No. 13-07]
[2]
Restaurants, fast-food restaurants (without drive through), taverns and bars;
[Amended 6-11-2013 by Ord. No. 13-07]
[3]
Business or professional offices;
[4]
Medical or veterinary offices or
clinics;
[Amended 6-11-2013 by Ord. No. 13-07]
[5]
Banks or financial institutions;
[6]
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses such as conference
facilities, aquatic facilities, health spas, athletic courts, etc.;
[7]
Marinas;
[8]
Barbershops and hairdresser;
[Added 6-11-2013 by Ord. No. 13-07]
[9]
Deli, coffee shops, ice cream stores and stands;
[Added 6-11-2013 by Ord. No. 13-07]
[10]
Dry cleaners and laundries;
[Added 6-11-2013 by Ord. No. 13-07]
[11]
Light mechanical repairs (e.g. watch, camera, computer, bicycle,
television);
[Added 6-11-2013 by Ord. No. 13-07]
[12]
Photography, tailoring, copy shop, travel agencies, real estate
offices and other service business;
[Added 6-11-2013 by Ord. No. 13-07]
[13]
Grocery stores and convenience stores (without
gas pumps);
[Added 6-11-2013 by Ord. No. 13-07]
[14]
Studios for dance, exercise or martial arts;
[Added 6-11-2013 by Ord. No. 13-07]
[15]
Bowling alleys;
[Added 6-11-2013 by Ord. No. 13-07]
[16]
Stores selling liquor, beer or soft drinks (in sealed containers
not for on-premises consumption);
[Added 6-11-2013 by Ord. No. 13-07]
[17]
Theatres, movie and live performances, both indoor and outdoors;
[Added 6-11-2013 by Ord. No. 13-07]
[18]
Day-care centers;
[Added 6-11-2013 by Ord. No. 13-07]
[19]
Commercial apartments; and
[Added 6-11-2013 by Ord. No. 13-07]
[20]
Other commercial uses with similar impacts
and not inconsistent with the purpose of the NVC District as determined
by the Planning Commission.
[Amended 6-11-2013 by Ord. No. 13-07]
(f)
Effluent disposal uses.
(g)
Home occupations.
(h)
Multifamily.
(i)
Resort country club.
(j)
Resort health and fitness clubs.
(k)
Single-family.
(l)
Commuter parking areas.
(3)
Residential uses including single-family detached dwellings, single-family attached dwellings and multiple-family dwellings. A maximum of 20%
of the land area of the NVC District neighborhood may be allocated
to multifamily housing.
(4)
Commercial uses in a NVC District neighborhood
shall be part of an overall redevelopment or development plan. The floor area ratio for nonresidential uses is 0.150 of the base site area. No
individual commercial use shall exceed 65,000 gross
square feet.
[Amended 6-11-2013 by Ord. No. 13-07]
(5)
The following open space uses shall be permitted
in conjunction with residential development: neighborhood
parks; recreational facilities and playgrounds; bicycle paths; greens;
commons; plazas and squares; or linkages to regional recreation and open space systems.
(6)
Civic building areas. Civic building areas are usually sited to adjoin civic spaces or to provide visual
landmarks by being placed at the termination of streets, at the corner
of a green, or within a green, Figure 2.[4] Civic building areas shall be a maximum
of 10 acres, but no more than 25% of the gross land
area.
(a)
In order to provide greater flexibility in building types and to allow more distinctive architectural expression, civic building areas do not include building frontage
or front yard standards.
(b)
Oversized civic building areas, greater than
10 acres, such as those sometimes required for public
middle schools, high schools or for churches with regional congregations
should be located at the periphery of neighborhoods so as not to impede
the walkability of the remainder of the neighborhood.
(7)
Civic spaces. Civic spaces must be designed and configured to
be clearly recognizable as public open space. Civic
spaces should be located so that building walls having
at least 15% of their area in transparent windows face the public open space. Each neighborhood must have at least three separate
civic spaces, which may include neighborhood parks, greens, commons,
squares, plazas, and playgrounds, provided they are publically accessible
in perpetuity.
(a)
Each civic space should be consistent with the character of
the transect zone in which it is located. For example, a plaza located
in the Mixed/Neighborhood Village Center (T6) transect zone would
be detailed with hardscaping and a formal planting pattern of a single
species, Figure 3,[5] while a neighborhood park in the Edge (T3) transect zone
may be green with paths through an informal planting pattern of multiple
species, Figure 4.[6]
(b)
Each civic space must have at least 25% of its perimeter and
at least two sides directly adjoining a street.
(c)
Except for civic spaces located along the periphery of a neighborhood
or village, the combined size of all civic spaces located within a
neighborhood or village must be at least 2.5% but no more than 7.5%
of the total acreage assigned to the Mixed/Neighborhood Village Center
(T6), Medium Residential (T5), Low Residential (T4), and Edge (T3)
transect zones.
(d)
Each civic space must provide shaded seating, trash receptacle,
dog waste bags, and either a water fountain, a gazebo, or heritage/historic/wildlife
statue.
(e)
Civic spaces placed in Countryside/Greenbelt (T1) transect zones
are not counted toward these civic space requirements.
J.
Development standards.
(1)
A range of residential unit types and lot sizes
is required and shall be mixed throughout the neighborhood or village,
with small lot units located closer to the commercial
center or mixed/neighborhood village center of the neighborhood. Density shall decrease from the center to the periphery
of the neighborhood. Lot sizes and frontage shall
comply with one of the types identified in Table 3.[7]
(2)
Residential development standards.
(a)
Density/Intensity requirements.
[1]
Maximum residential density. Density shall not exceed 4.0 units per acre for the entire site proposed for development unless apartment development is proposed which
may allow up to 20 units per acre limited to the
T5 and T6 transect to a maximum of five acres of
the entire site proposed for development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
[a]
Architectural renderings are provided demonstrating
that the apartment development is compliant with
the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[b]
The apartment development is providing
workforce housing, age-restricted housing, or moderately
priced housing.
[c]
Landscape screening is provided for the structure and parking areas for adjacent
single-family residential uses.
[d]
The applicant conducts a public meeting in the
community where the apartment development is proposed
and provides notice of the meeting to property owners adjacent to the proposed apartment development prior
to submitting an application to the Department of Planning and Zoning
to obtain citizen input.
(b)
Dimensional and bulk requirements.
[1]
Minimum open space ratio.
[a]
Within the proposed neighborhood a minimum of 20%
of the gross land area shall be permanently dedicated to Open Space
(OS). Such open space shall be made of greens, parks,
squares, ponds, active recreation areas or buffer areas that are open
to the public. An additional 5% of the gross land area shall be devoted
to Active Recreation (AR).
[b]
Outside the proposed neighborhood, open
space shall be provided to establish an edge or greenbelt
separating the neighborhood from adjacent properties. Such open space shall represent no less than 20% of the land
area constituting the neighborhood. The design and location of open space shall protect important natural assets, features
and sensitive environmental features. These areas shall be designated
as Open Space (OS) or Countryside/Greenbelt (T1) on the proposed regulating
plan transect map.
[c]
Such open space shall establish
a natural edge which may include wilderness preserves for wildlife
and marine habitats, parks protecting the natural vegetation, greenbelts,
hybrid parks, and undisturbed shoreline areas.
[3]
Minimum setbacks: See Table 4.
[4]
Maximum building height: See Table
4.
[5]
Minimum lot width: See Table 4.
[6]
Minimum lot frontage: See Table
4.
(3)
Nonresidential development standards.
(a)
(4)
Design standards.
(a)
Architectural compatibility.
[1]
A building must incorporate architectural
styles, building materials, and colors used in surrounding buildings with exterior finish materials on all facades limited to brick, clapboard siding, and/or stucco.
[2]
Commercial and residential design styles should
reflect vernacular architecture or Eastern Shore architectural forms.
[3]
A building greater than one story
should clearly delineate the boundary between each floor of the structure through belt courses, cornice lines, or similar
architectural detailing.
[4]
Attached buildings within the
same block must not maintain consistent cornice lines in buildings of the same height within multifamily, townhome,
nonresidential, or mixed-use structures.
[5]
Rooflines must be pitched or gabled. Overhanging
eaves must be provided to the greatest extent possible.
[6]
Small groups of townhouses (four or less) may be
designed to appear as large single-family structures.
[7]
Signs shall be limited to wall, awning, or hanging signs.
[8]
Significant departures from "off-the-shelf" standardized
franchise building design may be required to meet
these standards.
(b)
Human scale design.
[1]
Doorways, windows, and other openings in the facade of a building should be proportioned
to reflect pedestrian scale and movement, and to encourage interest
at the street level.
[2]
A building shall avoid long, monotonous,
uninterrupted walls or roof planes. The facade of
a building should be divided into distinct modules
no longer than 100 feet.
[4]
Awnings, covered walkways, open colonnades, or
similar weather protection must be provided by commercial structures.
[5]
A commercial use must provide
a minimum 70% of the front facade on the ground floor
as clear or lightly tinted windows, doors, or other treatments sufficiently
transparent to provide views into the interior of buildings.
[6]
A residential structure with a
front setback of five to 15 feet must provide a front porch or stoop
on the front facade of the structure. Minimum width of a porch is four feet.
[7]
Rear access from an alley is required
unless otherwise approved by the Planning Commission. If driveway access is provided from the street, the garage or carport
may not face the street, unless it is located a minimum 20 feet behind
the front facade of the principal structure.
(c)
Buildings that relate to and are oriented toward
the street and surrounding buildings.
[1]
The structure must be located
at the required build-to line.
[2]
The main entrance of a structure must face a street, neighborhood park, green, common, plaza or square
and be clearly articulated through the use of architectural detailing.
[3]
Windows and doors on the front facade of a building should create lines of sight between
the building and the street.
[4]
A building at an intersection
of a Mainstreet (MS) or other significant intersection should use
special architectural features to emphasize the importance of the
location. Special architectural features include corner towers, cupolas,
clock towers, spires, or other similar architectural features.
[5]
Structures with primary frontages
on a neighborhood square shall be a minimum of two stories.
(d)
Encouragement of pedestrian activity.
[1]
The neighborhood must be scaled into walkable blocks
in transect zones designated as Low Residential (T4), Medium Residential
(T5) and Mixed/Neighborhood Village Center (T6). Typical block dimensions
that encourage pedestrian activity range between 300 feet and 500
feet on a block face and do not exceed 500 feet on any single block
face. Single blocks shall not exceed a total perimeter distance of
1,600 feet.
[2]
A parking lot must be located
to the rear or side of the structure. If located
at the side of the structure, the parking must be screened through the use of solid streetwalls or landscaping.
Streetwalls should not exceed four feet in height.
K.
Off-street parking regulations.
(1)
A neighborhood and village must provide extensive on-street parking, a mix of compatible land uses,
sidewalks and trails, and rear alleys or lanes.
(a)
Wherever possible, parking lots shall be located
behind buildings so that buildings can screen parking areas from sidewalks and streets.
(b)
In no case may parking lots be located in front
of a building.
(2)
Access to off-street parking.
(a)
In the Mixed/Neighborhood Village Center (T6) and Medium Residential
(T5) transect zones, alleys or lanes shall be the
primary source of access to off-street parking. In
the Low Residential (T4), Edge (T3) and Estate (T2) transect zones, alleys or lanes are the desirable source of access to off-street parking. Parking along alleys or lanes may be head-in, diagonal, or parallel.
(b)
Alleys or lanes may be incorporated into parking lots as if they were standard parking access aisles. Access to all properties adjacent to the alley must be maintained.
(c)
Access between rear parking lots across property
lines is strongly encouraged.
(d)
Alleys are required for townhouse development. Where alleys are used to provide rear access, buildings shall have secondary entrances facing the alley.
(3)
Parking structures are permitted only in the
Mixed/Neighborhood Village Center (T6) transect zone and must be no
taller than four stories and must be separated from adjacent streets
by liner buildings at least two stories in height
and no less than 20 feet in depth.
L.
Open Space (OS) and Countryside/Greenbelt (T1) standards.
(1)
Land in the Countryside/Greenbelt (T1) transect zone is an integral
component of each neighborhood and village for the following purposes:
(a)
Preserving and enhancing rural character between neighborhoods;
(b)
Preserving and restoring native habitats;
(c)
Providing opportunities for sustained agriculture;
(d)
Mitigating the biological and ecological impacts of new development; and
(e)
Accommodating resource conservation areas within the Chesapeake Bay Critical Area.
(2)
To maximize both the aesthetics of the rural landscape and the
biological and ecological systems intended by the Countryside/Greenbelt
(T1) zone, projects must link to the greatest extent possible the
areas set aside for these purposes both within the site as well as to any existing neighboring Countryside/Greenbelt (T1)
areas, existing or planned passive parks, existing uses of an agricultural character, or environmental preserves.
(3)
For purposes of this section, three transect zones are used
to designate the appropriate locations for most Countryside/Greenbelt
(T1) components: the Estate (T2) and Edge (T3) zones which adjoin
neighborhoods or other public spaces, and Countryside/Greenbelt (T1)
zone which does not adjoin neighborhoods.
(4)
To ensure that the rural landscape is preserved, large areas of neighborhoods and villages must be reserved for Open Space (OS) or Countryside/Greenbelt (T1). Specific percentage standards for Open Space (OS) and Countryside/Greenbelt (T1) are established for each new neighborhood or village in Subsection F. The required Open Space (OS) or Countryside/Greenbelt (T1) percentage may be fulfilled by land that is restricted to a combination of the following components:
(a)
Agricultural uses and facilities, including farmers markets and agriculture-based industry;
(b)
Restored or preserved native habitat and environmentally significant
or sensitive land;
(c)
Resource conservation areas or Chesapeake Bay Critical
Areas including adjoining water management facilities and
wastewater reuse facilities;
(d)
Greenbelts or passive recreation areas;
(e)
Community recreation areas such as community or regional parks,
recreational fields, picnic areas, primitive campgrounds, greenways,
and trails, provided they:
(5)
The location of Open Space (OS) or Countryside/Greenbelt (T1)
components shall be located and arranged within the NVC District as
described in this subsection.
(a)
Within the NVC District, any resource conservation area is to
be designated as an Open Space (OS) or Countryside/Greenbelt (T1)
transect zone.
(b)
The continuation of viable agricultural uses in the Open Space (OS) or Countryside/Greenbelt (T1) and on neighboring
properties is a primary design goal for the Open Space (OS) or Countryside/Greenbelt
(T1) zone. Such uses constitute unique and irreplaceable resources
and are major contributors to the economy.
M.
Location of open space in Edge (T3), Low Residential
(T4), Medium Residential (T5) and Mixed/Neighborhood Village Center
(T6) transects.
(1)
The neighborhood shall contain as its central focus at least
one commercial Mixed/Neighborhood Village Center (T6) area containing
a square, common or park no smaller than 1/4 acre, and no greater than one acre with a length-to-width
ratio of no greater than three to one. This square shall be within
600 feet of the geographic center of the Mixed/Neighborhood Village
Center (T6) area.
(2)
The remaining public use in Edge (T3), Low
Residential (T4) and Medium Residential (T5) areas, parks and greens
shall be located and distributed such that no portion of the neighborhood
is further than two blocks or 1,000 feet from a park, common, green,
playground, plaza or square.
(3)
Design and location of open space shall reinforce
the built environment, and make an explicit connection between buildings and open spaces.
N.
Forest conservation standards. Forest conservation standards for
development in the NVC District outside of the Chesapeake
Bay Critical Area are contained in Chapter 18:2 of this chapter.
O.
Landscaping requirements.
(1)
Street trees of a minimum three-inch caliper shall be planted at thirty-foot intervals along sidewalks in the
Low Residential (T4), Medium Residential (T5), and Mixed/Neighborhood
Village Center (T6).
(2)
Trees shall not be required when an arcade is provided in the
Mixed/Neighborhood Village Center (T6).
(3)
Uniformity of tree types shall be used as a design element to
provide visual identity to the neighborhood and reinforce the hierarchy
of streets.
(4)
On any neighborhood boulevard (NB), median trees and landscaping
are required. Median trees should be a minimum one-and-one-half-inch caliper, spaced 20 feet on center. Medians may also contain
shrubs and plant groundcover.
(5)
Plantings in immediate proximity to buildings in front and side yards shall respect architectural lines (should
be seen as extension of architectural walls).
(6)
Landscaping shall be used to improve the quality of the natural
environment and to improve the quality of groundwater recharge.
(7)
Islands and other landscaping alternatives shall be incorporated
into parking areas to add visual interest. The use
of islands and perimeter gardens designed and landscaped to serve
as bioretention facilities is encouraged.
(8)
For all parking lots with more than six spaces,
the landscaped area shall be comprised of a minimum of 20% of the
total parking area. One native shade tree which grows
to a minimum height of 40 feet at maturity shall be required for each
300 square feet of the above required open space.
Native shade trees shall have a minimum caliper of
2 1/2 inches at time of planting.
(9)
Landscaping shall be provided to screen facilities for refuse
disposal. Facilities for refuse disposal shall be enclosed by solid
fence or walls, and landscaping shall be installed around the perimeter.
P.
Street and pedestrian way standards.
(1)
All public streets shall be designed to accommodate a mix of
travel modes including vehicles, bicycles and pedestrians. Pedestrianways
and/or sidewalks shall be continuous, direct, and convenient with
grade separation where necessary. The transportation system shall
be designed so the multiple streets, bicycle paths, sidewalks and
pedestrian paths continue into adjacent neighborhoods and development. Dead-end streets are prohibited, except street
stubs are allowed, where necessary, at the edge of development to provide future connections to adjacent undeveloped properties
if the adjacent land is not within a designated preserve or critical
area.
(2)
Pedestrianways shall be secure, well lighted, and have good
visibility.
(3)
Pedestrian pathways include a planting or buffer strip to separate
pedestrians from the street and provide room for streetlight poles,
pedestrian amenities, street trees, etc.
(4)
Sidewalks at least five feet in width, except for the Mixed/Neighborhood
Village Center (T6), shall be provided and constructed of similar
materials consistent with adjacent sites.
(5)
Pedestrian-scale streetlights (12 feet high) shall be provided
at no greater than eighty-foot intervals along sidewalks and parking areas.
(6)
Sidewalks at least 10 feet in width shall be provided the entire
length of property fronting the Mixed/Neighborhood Village Center
(T6) main street core commercial areas. Connections to existing sidewalks
adjacent to the property shall be provided when appropriate.
(7)
All nonresidential buildings shall include
an area for parking bicycles. This area may be designated parking space within the parking lot near
the building or an area outside the parking
lot adjacent to the building. The bike parking area must include a bike rack and shall not impair
sidewalks, pedestrianways and access to less than four feet of clearance
or width.
(8)
Neighborhood design shall provide a streetscape interesting
to pedestrians that encourages more people to walk.
(9)
Restaurants shall be permitted to operate outdoor
cafes on sidewalks, including areas within the public right-of-way
and in courtyards, provided that pedestrian circulation and access
to store entrances shall not be impaired to less than four feet of
clearance or width.
(10)
Buildings shall be oriented to directly face
the street, a square, a common, a park, a plaza, or green, with front
entrances and display windows oriented to directly face a street,
a park, a plaza, or green at the street level.
(11)
The location and design of garages, carports and parked vehicles
shall not dominate the view of the dwelling from
the street, such that to the extent possible, on-street parking or access to garages and carports are to be provided from a rear
alleyway or access.
(12)
Interconnected streets shall be designed in a predictable block
pattern to encourage people to walk and provide a variety of route
options.
(13)
All streets and alleys shall terminate at other
streets within the neighborhood and where appropriate connect to existing
and projected through streets outside the development.
(14)
The average perimeter of all blocks within the neighborhood
shall not exceed 1,600 feet. No block face shall have a length greater
than 500 feet without a dedicated alley or vehicular
pathway providing through access.
(16)
The long axis of neighborhood streets shall have appropriate
termination with either a public monument, specifically designed building facade, or a gateway to the ensuing space.
(17)
There shall be a continuous network of service lanes or alleys to the rear of land uses occupied
by shop fronts and attached houses.
(a)
Shared driveways and parking arrangements are
encouraged.
(b)
Commercial intensity is based upon a hierarchy of streets, locational
criteria and a neighborhood village center-to-countryside transect
that defines the zoning district. High commercial uses may be feasible in neighborhoods and villages within close proximity
to major and minor arterial roads.
|
Table 3
Allowable Street Types By Transect Zone
| ||||||
|---|---|---|---|---|---|---|
|
Street Types
|
Countryside/
Greenbelt
(T1)
|
Estate
(T2)
|
Edge
(T3)
|
Low
Residential
(T4)
|
Medium
Residential
(T5)
|
Mixed/
Neighborhood
Village
Center
(T6)
|
|
Mainstreet (MS)
|
X
|
X
| ||||
|
Neighborhood Boulevard (NB)
|
X
|
X
|
X
|
X
|
X
| |
|
Avenue (AV)
|
X
|
X
|
X
| |||
|
Low Neighborhood Street (LS)
|
X
|
X
|
X
| |||
|
Neighborhood Street (NS)
|
X
|
X
|
X
| |||
|
Edge Drive (ED)
|
X
| |||||
|
Estate Drive (ES)
|
X
|
X
| ||||
|
Parkway (PK)
|
X
|
X
|
X
| |||
|
Rural Road (RD)
|
X
| |||||
|
Alley (AL)
|
X
|
X
|
X
| |||
|
Lane (LN)
|
X
|
X
|
X
|
X
| ||
|
Trail (TR)
|
X
|
X
|
X
|
X
|
X
| |
Q.
Lot development standards.
(1)
Lot widths within Low Residential (T4), Medium
Residential (T5) areas shall range between 20 and 80 feet in width
and should be varied by lot type as indicated in
Table 4.[12] Estate, Edge, Manor, mixed-use and apartment building lots shall not have a maximum width.
(2)
Lot widths shall be designed to ensure that
garages do not dominate the front facade of residential structures
(3)
Build-to lines for commercial buildings create
a continuous streetscape and interesting environment for pedestrians.
(4)
Buildings on shopfront lots shall have the facade built directly on the build-to
line along at least 70% of its length. The unbuilt portion of the
build-to line shall have a street wall directly upon it.
(5)
Lot sizes shall be designed to keep houses
close to each other and to the street.
(6)
Lot widths within commercial or mixed-use areas shall have a minimum width of 24 feet.
A.
Purpose. This district is intended to provide higher-density,
mixed-use development and redevelopment along the
Chester Main Street corridor as identified in the Chester/Stevensville
Community Plan (MD Route 18, Main Street, Postal Road and Piney Creek
Service Road). Design standards and guidelines are incorporated within
this district to foster an attractive, pedestrian-oriented pattern
of mixed-use residential and nonresidential
development that focuses on the local roads as opposed to
U.S. 50/301.
[Amended 8-19-2008 by Ord. No. 08-11[1]]
[1]
Editor’s Note: This ordinance also provided
that it shall apply only to development applications filed on or after
7-10 2008.
B.
Location. The TC District is intended to have specific
application to the planning area identified by the Chester/Stevensville
Community Plan.
[Amended 8-19-2008 by Ord. No. 08-11[2]]
[2]
Editor’s Note: This ordinance also provided
that it shall apply only to development applications filed on or after
7-10 2008.
C.
Uses.
(1)
Permitted uses.[3]
(a)
Agricultural support.
(b)
Apartment development.
(c)
Bed-and-breakfasts.
(d)
Carry-out food service.
(e)
Coffee shop.
(f)
Commercial apartments.
(g)
Convenience stores, with or
without gas pumps.
(h)
Country inn.
(i)
Country store.
(j)
Deli.
(k)
Drive-through beverage stand.
(l)
Effluent disposal.
(m)
Family day-care center.
(n)
Farmers market.
(o)
First-floor commercial apartments.
(p)
Fraternal organizations.
(q)
Funeral homes.
(r)
Group day-care center.
(s)
High commercial.
(t)
Home occupations.
(u)
Hotels.
(v)
Institutional residential.
(w)
Institutional residential use for five or fewer residents.
(x)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(y)
Low commercial uses.
(z)
Major multifamily.
(bb)
Marinas.
(cc)
Medium commercial.
(dd)
Minor multifamily.
(ee)
Nonprofit and for-profit institutional.
(ff)
Nurseries.
(gg)
Outdoor recreation.
(hh)
Parking.
(ii)
Private stables.
(jj)
Public services.
(kk)
Public utilities.
(ll)
Regional shopping centers.
(mm)
Shopping centers.
(nn)
Single-family residential.
(oo)
Veterinary offices.
(qq)
Mixed-use development incorporating
permitted uses on the same site or
within the same structure are permitted.
(rr)
Self-storage facility (interior access only).
[Added 7-13-2021 by Ord. No. 21-03]
[3]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
D.
Development standards.
(1)
In general. Applications for development in the TC District shall meet the following standards in addition to all other applicable requirements of this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within this Chapter 18 may be found to conflict with the standards contained in this section, only the standards contained in this section shall apply. The Planning Commission may establish modified building restriction lines, parking, landscaping and buffer yard requirements
on a case-by-case basis in order to ensure consistency with the TC
District design guidelines and the purpose of this section.
(2)
Residential development standards.
(a)
Density/intensity requirements.
[1]
Maximum residential density.
[a]
Single-family cluster: 3.2.
[b]
Multifamily: 10.00.
[Amended 8-9-2011 by Ord. No. 11-11]
[c]
Apartment development: 10.00.
[d]
Large-lot subdivision: equal to total site area divided by minimum
large-lot area.
[Amended 9-7-2004 by Ord. No. 04-12]
[f]
In the planning area, the Planning Commission may increase the density for apartment
development to 20 units per acre provided:
[i]
The site area does not exceed
five acres for the apartment development.
[ii]
Architectural renderings are provided demonstrating
that the apartment development is compliant with
the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[iii]
The apartment development is
providing workforce housing, age-restricted housing or other moderately priced housing.
[iv]
Landscape screening is provided for the structure and parking areas for adjacent
single-family residential uses.
[v]
The applicant conducts a public meeting in the
community where the apartment development is proposed
and provides notice of the meeting to property owners adjacent to the proposed apartment development prior
to submitting an application to the Department of Planning and Zoning
to obtain citizen input.
(3)
Nonresidential development standards.
(a)
Density/intensity requirements.
[2]
No individual use and/or tenant
space in a structure shall occupy more than 65,000
square feet of gross floor area, except for the following uses:
[a]
Agricultural support;
[b]
Apartment development;
[c]
Auto repair with repair areas;
[d]
Banks and other financial facilities;
[e]
Boat sales and repairs;
[f]
Bowling alleys;
[g]
Commercial apartments;
[h]
Commercial or trade schools;
[i]
Country inn;
[j]
Hotels;
[k]
Nonprofit and for-profit
institutional;
[l]
Light industrial as permitted in § 18:1-28C(1)(oo) where incidental retail stores do not exceed 25,000 square feet of gross floor area;
[m]
Marinas;
[n]
Major multifamily;
[o]
New and used vehicle sales/service
and repair with exterior storage and/or repair areas;
[p]
Offices: business
or professional; medical offices and clinics; veterinary offices; and all other offices;
[q]
Recreational vehicle sales;
[r]
Public uses; and
[s]
Theaters and auditoriums (indoor).
(4)
Access. All development and redevelopment
in the TC District shall be required to limit and consolidate entrances
and curb cuts, to the extent practical, through the use of shared
entrances, off-site parking, internal circulation
systems that connect parking areas and other means.
All development and redevelopment shall be in accordance
with the Vehicular and Pedestrian Access and Circulation Standards
of the Design Standards adopted by Resolution of the County Commissioners
No. 08-05, Town Center (TC) and Urban Commercial (UC) Design Standards:
Commercial and Mixed-Use Development Guidelines, as amended.
[Amended 8-19-2008 by Ord. No. 08-11[4]]
[4]
Editor’s Note: This ordinance also provided
that it shall apply only to development applications filed on or after
7-10 2008.
(5)
Design guidelines. All new development, infill, redevelopment and renovations in the TC District are strongly
encouraged to incorporate the design guidelines adopted by Resolution
of the County Commissioners No. 08-05, Town Center (TC) District and
Urban Commercial (UC) District Design Standards: Commercial and Mixed-Use
Development Standards, as amended. The Planning Commission shall consider these guidelines and the community design objectives
of the Chester/Stevensville Community Plan in its review of all new development, infill, redevelopment and renovations within
the TC District. The Planning Commission may not
approve development applications that have not made
a practical and good faith effort to comply with the adopted Town
Center (TC) District and Urban Commercial (UC) District Design Standards,
as amended, and community design objectives of the Chester/Stevensville
Community Plan, and the following provisions of this section.
[Amended 8-19-2008 by Ord. No. 08-11[5]]
(a)
Front setbacks should be reduced to bring buildings and structures closer to the
street and sidewalks in order to foster town-scale streetscape and
encourage pedestrian activity.
(b)
Side setbacks and yards between buildings should be reduced to foster a town-scale streetscape and encourage
pedestrian activities.
(c)
Roadside sidewalks are required to be provided
when sites are developed or redeveloped. Sidewalks
linking structures to roadside sidewalks are to be
provided in accordance with the Town Center (TC) and Urban Commercial
(UC) Design Standards on Pedestrian Access and Circulation.
(d)
Parking location and layout
shall be in accordance with the Town Center (TC) and Urban Commercial
(UC) Design Standards.
(e)
Newly installed utility and service connections
are to be placed underground wherever possible.
(f)
Exterior lighting shall be designed in accordance
with the Town Center (TC) and Urban Commercial (UC) Design Standards.
(g)
Building design, location,
style, architectural details, materials and colors shall adhere to
the Town Center (TC) and Urban Commercial (UC) Design Standards.
(h)
Mechanical equipment or other utility equipment
and hardware shall be screened in accordance with the Town Center
(TC) and Urban Commercial (UC) Design Standards. Screening of outside storage areas and service equipment shall also be accomplished
in accordance with the Town Center (TC) and Urban Commercial (UC)
Design Standards.
(i)
Pedestrian-oriented open spaces shall be created in accordance with the Town Center (TC) and Urban
Commercial (UC) Design Standards.
(j)
Multiple-story buildings with commercial uses on the ground floor and mixed office or residential uses on upper floors are encouraged.
[5]
Editor’s Note: This ordinance also provided
that it shall apply only to development applications filed on or after
7-10 2008.
E.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for TC projects.
[Amended 8-19-2008 by Ord. No. 08-11]
(1)
A preapplication conference between the applicant
and Department of Planning and Zoning staff is required for all TC
District development.
(2)
The applicant shall submit any additional information plans, specifications, documents, drawings, etc., as necessary to determine compliance with the requirements of this Chapter 18:1 and the Town Center (TC) and Urban Commercial (UC) Design Standards: Commercial and Mixed-Use Development Standards, as amended.
G.
Landscaping requirements.
(1)
The number of plantings required in the TC District
shall be consistent with the number of plantings required in the UC
District.
(2)
The location of required plantings can be adjusted
to accomplish the Town Center (TC) and Urban Commercial (UC) Design
Standards adopted by Resolution of the County Commissioners No. 08-05,
Town Center (TC) and Urban Commercial (UC) Design Standards: Commercial
and Mixed-Use Development Guidelines, as amended.
(3)
To accomplish the Town Center (TC) and Urban Commercial
(UC) Design Standards: Commercial and Mixed-Use Development Standards,
as amended, additional landscaping may be necessary.
[6]
Editor’s Note: This ordinance also provided
that it shall apply only to development applications filed on or after
7-10 2008.
[Amended 7-8-2008 by Ord. No. 08-12]
A.
Purpose.
(1)
This district is intended to provide for master-planned
residential or mixed-use development on sites at appropriate locations as identified in the Chester/Stevensville
Community Plan. The district provides for a flexible development concept, good site design, architectural integration
in the configuration and style of buildings, functional open space and required public facilities as part of a unified
and coherent plan of development. Permitted uses generally include a variety of housing types, institutional uses and nonresidential uses that can be compatibly integrated within the development.
(2)
The SMPD District is created where public
utilities (water and sewer) and infrastructure (roads, walkways, and hike/bike trails) may be extended and interconnected
with existing and/or planned public utilities and
infrastructure. New development of parcels should
be accomplished in a way to integrate approved residential
uses with commercial and institutional
uses of a size and scale designed to provide needed and appropriate
services to the Stevensville community.
B.
Location. The SMPD District is intended to have specific
application to the Chester/Stevensville Community Planning Area. As
such, the SMPD District may only be applied to lands as designated
by the Chester/Stevensville Community Plan.
C.
Permitted uses. The following uses are permitted within the SMPD District:
(1)
All institutional uses.
(4)
Commercial uses are permitted only
in association with a residential and/or institutional mixed-use development. The Planning Commission shall
approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development
plan. In order to approve any specific commercial
use and its appropriate size, the Planning Commission must find that the proposed commercial use:
(5)
The following commercial uses are
permitted as a component of a mixed-use development pending approval by the Planning Commission:
(a)
Small-scale retail and service businesses sized
to accommodate the convenience and commercial needs of the Stevensville
community; and
(b)
Restaurants;
(c)
Businesses or professional offices;
(d)
Medical offices or clinics;
(e)
Banks or financial institutions;
(f)
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses, such as conference facilities, aquatic facilities,
health spas, athletic courts, etc.;
(g)
Marinas; and
(h)
Other commercial uses with
similar impacts as determined by the Planning Commission.
(6)
Effluent disposal uses.
(7)
Home occupations.
(8)
Multifamily.
(9)
Resort country club.
(10)
Resort health and fitness clubs.
(11)
Single-family.
E.
Development standards.
(1)
In general. Applications for development in the SMPD District shall conform to the design standards adopted
by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within the Chapter 18 may conflict with standards contained in this section or the Design Standards for New Neighborhoods, only the standards in this section shall apply.
(2)
Use mix. In a mixed-use development that includes commercial uses, no more than 50%
of the developed portion (total site area less the
required 25% of open space area) of the site may be utilized for commercial use.
(3)
Maximum density. Maximum density for a SMPD District development shall be 3.5 dwelling units per acre for that portion
of the development used for residential purposes
and 4.375 dwelling units per acre if TDRs are used unless apartment development is proposed which
may allow up to 20 units per acre limited to a maximum
of five acres of the proposed master planned development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and represents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
(b)
The apartment development is providing workforce
housing, age-restricted housing, or other moderately
priced housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
|
If the unified development plan consists of
more than one parcel or lot, the acreage of the parcels
or lots may be combined to compute the allowable
residential density. If the development plan combines parcels or lots to compute allowable residential density, the lots or parcels may not thereafter
be considered separately in any subdivision, site plan, or zoning certificate approvals.
|
(4)
Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a SMPD
District development is 25%. The maximum floor area ratio may be increased up to 25% if transferable
development rights are utilized.
(5)
Planning Commission final determination
on maximum density and floor area ratio. The Planning Commission may require a lower residential density and/or floor area ratio if it finds
that the maximum permitted density or floor
area ratio would result in:
(a)
Development that is not compatible
with existing or anticipated development in the surrounding
area;
(b)
Development that creates a
detrimental impact on the environment; or
(c)
Development that will render
existing or planned public facilities, including, but not limited
to, roads, water, sewer, and schools inadequate.
(d)
The Planning Commission may
also find that a proposed residential density and/or floor area ratio is not consistent with the Community Plan
and is too low and would not be an efficient use of
limited lands zoned for master-planned development, in which case the Planning Commission may make
recommendations to the applicant to revise the plan in a way to be
consistent with the Community Plan. In no case may the residential densities and floor area be greater than
permitted by this section.
(6)
Open space.
(a)
Common or public open space shall comprise at least 25% of the total site area. A minimum of 10% of the required common or public open
space shall be utilized and developed for active recreational activities as defined in § 18:1-12 of this Chapter 18:1. If the open space is to be commonly owned, instead
of being dedicated to the County, legal documentation
ensuring its continuance and maintenance must be submitted to and
approved by the Planning Commission.
(b)
The physical distribution of open space shall conform to the Design Standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended.
(7)
Design standards.
(a)
Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, and lighting shall be determined by the Planning Commission for each individual development in the SMPD District shall conform to the design standards adopted
by resolution of the County Commissioners No. 08-06,
Design Standards for New Neighborhoods: A guide to creation of Smart
Neighborhoods in the CMPD & SMPD Zoning Districts, as amended;
except that no telecommunications facility shall
exceed 55 feet in building height. In determining
these standards, the Planning Commission shall consider
the unique factors of each development, such as the
proposed density/intensity of the development, use mix, the layout of buildings, roads, and walkways, environmental protection
considerations, the architectural and landscaping features incorporated
into the development, buffer yards between uses and along property lines and compatibility
of the proposed development with existing or anticipated development on surrounding lands. The purpose of these standards
is to provide design flexibility, consistent with public health and
safety, to the developer who subdivides property
and constructs buildings in accordance with a unified
and coherent plan of development.
(b)
All lighting proposed on properties near the
Airport District must be directed away or shielded from the airport
and designated flight path.
(c)
Properties developing near the existing airport
should provide fencing, berming and a landscaping buffer to minimize
impacts of noise and glare from the existing airport
on the proposed development. Proposed developments should also provide berming, landscaping and fencing to minimize
any adverse impacts to the airport property.
(d)
Potential safety conflicts between the existing
airport and new development shall be minimized. Site design, including building height, building location, and landscaping, should consider the
on-site and off-site impacts of the existing airport. All new buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter 18.
(8)
Traffic circulation and pedestrian linkages shall
conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended, and:
(a)
On-site and off-site streets, traffic circulation
patterns and pedestrian linkages shall be adequate to accommodate
the demands generated by the proposed development. Where practical, streets and pedestrian linkages shall be designed
to connect with adjacent parcels where future development is anticipated.
(b)
Private internal streets/roads are permitted if the Department of Public Works and Planning
Commission find that such streets/roads will
be adequate to carry projected traffic, will be properly maintained,
and are more appropriate to the overall development design than public streets.
(c)
Existing County roads that
may be extended and utilized as either minor or major collector
streets shall be appropriately utilized and extended as minor
or major collector streets.
(d)
The layout of a proposed subdivision, when possible, shall seek to develop minor and/or major collector streets, with bike lanes, to carry traffic generated
by the local streets in the development to destinations
within or outside of the development.
(e)
All roads and streets shall
be closed sections with sidewalks and adequate drainage/stormwater
management and shall be generally consistent with current roads standards.
(f)
Streets shall generally loop or interconnect;
dead-end streets (except where a street is closed pending development of an adjoining parcel) and culs-de-sac shall
be avoided unless there is no other development alternative.
(g)
Transportation improvements must be determined
to be consistent with the transportation element of the Community
Plan and any County corridor management plan or transportation
plan adopted by the County.
(9)
Development phasing.
(b)
Construction on the commercial component of
a mixed-use project involving residential development shall not commence until at least 50% of the required sewer and
water allocation for the residential development has
been purchased and on-site sewer, water, and road improvements and recreational amenities necessary
to service 50% of the residential component have been completed, as
provided for in the developer's agreement and approved
by the Planning Commission.
(10)
Sign standards. Sign standards for commercial development in the SMPD
District shall be the same as those applying to the SC District, including
the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation
of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as
amended. Sign standards for all other types of development in the SMPD District shall be the same as those
applying to the SR District.
F.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for SMPD
projects:
(1)
A preapplication conference between the applicant,
Department of Planning and Zoning staff and staff from other County departments (as applicable) is required for all SMPD
District development.
(2)
A comprehensive array of supporting information and
analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as
part of the sketch and/or concept plan application. Required information
and studies shall include an adequate public facilities study, historic
features and cultural resources inventory, and an environmental impact
assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly
identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate
such impacts.
(3)
The applicant shall submit any additional information,
plans, specifications, documents, architectural renderings, etc.,
necessary to determine compliance with the SMPD District standards
contained in the Planning Commission findings contained in Subsection F(4) below.
(4)
Planning Commission findings. The Planning Commission must make the following findings in
order to grant approval to development proposals
in the SMPD District. The proposed development conforms
with all applicable requirements of this section including:
(a)
Roads and streets loop and
connect internally and, to the extent practicable, are configured
to interconnect and be extended into the road and
street network that may be developed on adjacent undeveloped land;
(b)
Hike and bike lanes/walkways are provided for
nonvehicular public access to the development that
connect with existing hike and/or bike lanes/walkways and are able
to connect with hike/bike lanes/walkways that may be developed on
adjacent undeveloped land;
(c)
A minimum of 25% of the land in the proposed development is devoted to commonly or publicly owned open space and meets the requirements for mandatory parkland dedication.
(e)
The proposed development conforms
to the Stevensville Community Plan;
(f)
The proposed development will
not adversely impact the adequate and orderly provision of public services and facilities for the area;
(g)
The proposed development, in
conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities
standards with regard to traffic;
(h)
The proposed development will
minimize negative environmental impacts and reasonably protect environmentally
sensitive areas and any important historical or cultural features
of the site;
(i)
The proposed development is
designed to be compatible with existing development in the surrounding neighborhood and/or will incorporate adequate screening, landscaping and buffer yards to minimize impacts on the surrounding neighborhood; and
(j)
The proposed development contains open space and recreation facilities designed to serve the
needs of the development and, where appropriate,
the needs of the surrounding community and conforms to the design
standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation
of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as
amended.
A.
Purpose. This district is intended to provide for planned residential developments on sites as identified in the Grasonville Community Plan. The district provides
for a flexible development concept, good site design, architectural integration in the configuration
and style of buildings, functional open space, adequate public facilities, and the protection of sensitive natural,
cultural and historic resources as part of a unified and coherent
plan of development. Permitted uses generally include a variety of housing types, institutional
uses and certain nonresidential uses which
can be compatibly integrated within the development.
[Amended 7-10-2012 by Ord. No. 12-02]
B.
Location. The GPRN District is intended to have specific
application to the Grasonville Growth Area. As such, the GPRN District
may only be applied to lands designated as "Planned Neighborhood Development"
by the Grasonville Community Plan.
C.
Uses.
(1)
Permitted uses. The following uses are permitted within the GPRN District:
D.
Development standards.
(1)
In general. Applications for development in the GPRN District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within the Chapter 18 may conflict with standards contained in this section, only the standards in this section shall apply.
(2)
Use mix. In a GPRN District development, a minimum of 75% of the total residential units
shall be single-family, fully detached homes. A maximum of 25% of
the total residential units may be attached housing units.
(3)
Density. Maximum density for the
residential portion of the GPRN District development shall be 3.5 dwelling units per acre unless transferable development rights are utilized.
If transferable development rights are utilized,
the maximum gross density for the residential portion
of the site may be increased to a maximum of 4.375 dwelling units per acre unless apartment development is proposed which may allow up to
20 units per acre limited to a maximum of five acres of the proposed
planned residential neighborhood development subject
to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and represents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
(b)
The apartment development is providing workforce
housing, age-restricted housing, or other moderately
priced housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
(4)
Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a GPRN
District development is 25%. The maximum floor area ratio may be increased up to 25% if transferable
development rights are utilized.
(5)
Planning Commission final determination
on maximum density and floor area ratio. The Planning Commission may require a lower residential density and/or floor area ratio if it finds
that the maximum permitted would result in development that would:
(a)
Not be compatible with existing or anticipated development in the surrounding area;
(b)
Create a detrimental impact on the environment;
or
(c)
Create a situation where existing or planned
public facilities, including, but not limited to, roads and schools, would not be adequate to serve the demands created
by the development.
(6)
The Planning Commission may allow apartment
development at a density of 20 units per acre, provided:
[Added 7-10-2012 by Ord. No. 12-02[1]]
(a)
The site area does not exceed five acres for the apartment development.
(b)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and represents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
(c)
The apartment development is providing workforce
housing, age-restricted housing, or other moderately
priced housing.
(d)
Landscape screening is provided for the structure and parking, areas for adjacent single-family residential uses.
(e)
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
[1]
Editor's Note: This ordinance also renumbered former Subsection
D(6) through (11) as Subsection D(7) through (12), respectively.
(7)
Open space. Common or public open space shall comprise at least 25% of the total site area. A minimum of 10% of the required common or public open space shall be utilized and developed for active recreational activities as defined in § 18:1-12 of this Chapter 18:1. If the open space is to be commonly owned, legal
documentation ensuring its continuance and maintenance must be submitted
to and approved by the Planning Commission.
(8)
Design standards. Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, lighting and road standards
shall be determined by the Planning Commission for
each individual development in the GPRN District;
except that no telecommunications facility shall
exceed 55 feet in building height. In determining
these standards the Planning Commission shall consider
the unique factors of each development, such as the
proposed density/intensity of the development, use mix, the layout of buildings and roads, environmental protection considerations
and the compatibility of the proposed development with existing or anticipated development on surrounding
lands. The purpose of these standards is to provide design flexibility,
consistent with public health and safety objectives, for a unified
and coherent plan of development that is best suited
for each individual development site.
(9)
Traffic circulation and pedestrian linkages. On-site
and off-site streets, traffic circulation patterns and pedestrian
linkages shall be adequate to accommodate the demands generated by
the proposed development. Where practical, streets
and pedestrian linkages shall be designed to connect with adjacent
parcels where future development is anticipated.
The scale of local access roads shall be minimized
to slow traffic, provide for safe pedestrian movement and minimize
grading and clearing. All roads and streets shall
be closed sections with sidewalks and adequate drainage/stormwater
management. Streets shall generally loop or interconnect; dead ends
and culs-de-sac shall be discouraged unless other preferred street
design options are not practical.
(11)
Sign standards. Sign standards for residential and nonresidential development in the GPRN District shall be the same as those applicable to the
SR District.
E.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for GPRN
projects:
(1)
A preapplication conference between the applicant,
Department of Planning and Zoning staff and staff from other County departments (as applicable) is required for all GPRN
District development.
(2)
A comprehensive array of supporting information and
analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as
part of the sketch and/or concept plan application. Required information
and studies shall include an adequate public facilities study, historic
features and cultural resources inventory, and an environmental impact
assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly
identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate
such impacts.
(3)
The applicant shall submit any additional information,
plans, specifications, documents, architectural renderings, etc.,
necessary to determine compliance with the GPRN District standards
contained in the Planning Commission findings in Subsection E(4).
(4)
Planning Commission findings. The Planning Commission must make the following findings in
order to grant approval to development proposals
in the GPRN District:
(b)
The proposed development conforms
to the Grasonville Community Plan;
(c)
The proposed development will
not adversely impact the adequate and orderly provision of public services and facilities for the area;
(d)
The proposed development, in
conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities
standards with regard to traffic;
(e)
The proposed development will
minimize negative environmental impacts and reasonably protect environmentally
sensitive areas and any important historical or cultural features
of the site;
(f)
The proposed development is
designed to be compatible with existing development in the surrounding neighborhood and/or will incorporate adequate screening, landscaping and buffer yards to minimize impacts on the surrounding neighborhood; and
(g)
The proposed development contains open space and recreation facilities designed to serve the
needs of the development and, where appropriate,
the needs of the surrounding community.
A.
Purpose. This district is intended to preserve and
reinforce the small town, historic and pedestrian-scale character
of the mixed-use village center of Stevensville and provide for development of similar character in certain areas adjacent
to the existing center.
B.
Location. The SHVC District is intended to have specific
application to the Stevensville Growth Area. As such the SHVC District
may only be applied to lands in the Stevensville Growth Area.
C.
Uses.
(1)
Permitted uses. The following uses are permitted within the SHVC District:[1]
(b)
All other office uses.
(d)
Antique, craft and art studios and shops.
(e)
Banks and other financial facilities.
(f)
Barbershops and hairdressers.
(g)
Bed-and-breakfast.
(h)
Business or professional offices.
(i)
Commercial apartments.
(j)
Country inn.
(k)
Day care, family.
(l)
Dry cleaners.
(m)
First-floor commercial apartments.
(n)
Funeral home.
(o)
Garden center, garden supplies
and greenhouses.
(p)
General/convenience store,
no gas sales.
(q)
Home occupations.
(r)
Hotel.
(s)
Ice cream stores and stands.
(t)
Institutional, nonprofit.
(u)
Institutional, outdoor recreation.
(v)
Institutional, residential serving five or fewer residents.
(w)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(x)
Light mechanical repair store (watches, cameras,
bikes, electronics).
(y)
Medical offices and clinics.
(z)
Minor multifamily development.
(aa)
Minor single-family cluster subdivision.
(bb)
Noncommercial forestry.
(cc)
Photography.
(dd)
Print/copy shop.
(ee)
Private stables.
(ff)
Public service.
(gg)
Restaurants, no drive-through.
(hh)
Retail sales or stores.
(ii)
Service businesses.
(jj)
Single-family residential.
(kk)
Tailoring.
(ll)
Travel agencies.
(mm)
Upholstering and upholstery store.
(nn)
Veterinary offices.
[1]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
(2)
Conditional uses. The following uses are allowed as conditional uses:
(a)
Auto repair with no exterior storage or repair areas.
(b)
Boat sales and repairs.
(c)
Commercial forestry.
(d)
Commercial or trade schools.
(e)
Commercial stables.
(f)
Day care, group.
(g)
Fraternal organizations.
(h)
Furniture sales.
(i)
Grocery stores and supermarkets.
(j)
Institutional, for-profit.
(k)
Institutional, residential serving six or more residents.
(l)
Lawn mower and garden equipment sales.
(m)
Major multifamily development.
(n)
Major single-family cluster subdivision.
(o)
Nurseries.
(p)
Package stores (sealed containers not for consumption
on-premises).
(q)
Public utilities.
(r)
Taverns and bars.
(s)
Theaters and auditoriums.
(t)
Warehouses with no exterior storage.
D.
Development standards.
(1)
In general.
(a)
Applications for development in the SHVC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18 may conflict with standards contained in this section, only the standards in this section shall apply.
(b)
The Planning Commission may
establish modified building restriction lines, parking, landscaping and buffer yard requirements
on a case-by-case basis to ensure consistency with the SHVC District
design guidelines.
(c)
No individual use and/or tenant
space in a structure shall occupy more than 65,000
square feet of gross floor area, except for institutional and public uses.
(2)
Residential development standards.
(a)
(3)
(4)
SHVC District design guidelines. All new development and redevelopment in the SHVC District is strongly encouraged to
incorporate the following design guidelines intended to preserve and
enhance the historic village character of the area. The Planning
Director and/or Planning Commission shall
consider these guidelines and the applicable design objectives of
the Stevensville Community Plan when reviewing and approving development and redevelopment within the SHVC District.
The Planning Director and/or Planning Commission may not approve applications that have not made a practical and
good faith effort to comply with the following design guidelines.
(a)
Demolition of historic buildings should be avoided whenever possible. Existing architectural and
historic character should be reinforced. Renovations of existing historic buildings should generally follow the Secretary of the Interior's
Standards for Rehabilitating Historic Buildings.
(b)
New construction should be compatible with nearby buildings in terms of building height,
width proportion, bulk, setbacks, roof forms, window and door forms
and spacings, etc. Use of common design motifs found
in the area, such as cupolas, should be encouraged.
(c)
Mechanical equipment and storage/service areas
should be screened from public view.
(d)
On-premises signage should be complementary
to the architecture of buildings on the site. Signage should be designed at a size and scale oriented towards
pedestrian traffic versus automobile traffic.
(e)
Front setbacks should be reduced to bring buildings and structures closer to this
street and sidewalks in order to encourage pedestrian activity.
(f)
To the extent practical, parking should be to the side and rear of buildings with
allowances for shared and satellite parking. Connecting
rear and side parking areas should be encouraged.
Individual curb cuts should be reduced.
(g)
Roadside curbs and sidewalks should be provided
along with sidewalks linking to buildings.
(h)
Attractive landscape transition to adjoining
properties should be provided, and existing mature landscaping and
trees should be preserved. Landscape and screening treatments between potentially incompatible uses (i.e., commercial adjacent to residential) should be provided.
(i)
Parking areas and streetscape
sidewalks should be enhanced with landscaping.
(j)
Exterior lighting should be restrained and compatible
with the historic character of the area. Excessive brightness and glare to surrounding properties should be avoided.
(k)
Hedges, decorative fences and other forms of
landscaping should be used to close gaps between buildings and better define the streetscape.
(l)
Pedestrian-oriented open spaces should be created by groupings of buildings in
relation to the street.
(m)
Multiple-story buildings with commercial uses on ground floors and office or residential
uses on upper floors should be encouraged.
(n)
Full architectural treatment should be provided
on all facade elevations visible from a public way.
A.
Purpose. This district is intended to foster residential
and certain types of small-scale, neighborhood-compatible commercial development along sections of Main Street in Grasonville. Nonresidential development in this district is intended
to maintain the character and appearance of single-family residential development.
B.
Location. The GNC District is intended to have specific
application to the Grasonville Growth Area. As such the GNC District
may only be applied to lands in the Grasonville Growth Area.
C.
Uses.
(1)
Permitted uses. The following uses are permitted within the GNC District:[1]
(c)
Antique, craft and art studios and shops.
(d)
Bed-and-breakfast.
(e)
Commercial apartments.
(f)
Day care, family.
(g)
Home occupations.
(h)
Institutional, nonprofit.
(i)
Institutional, outdoor recreation.
(j)
Institutional, residential serving five or fewer residents.
(k)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(l)
Minor multifamily development.
(m)
Minor single-family cluster subdivision.
(n)
Noncommercial forestry.
(o)
Nurseries.
(p)
Private stables.
(q)
Public service.
(r)
Single-family residential.
[1]
Editor’s Note: As uses are added to
or deleted from this subsection, subsequent uses are redesignated
as appropriate.
(2)
Conditional uses. The following uses are allowed as conditional uses.
(a)
All other office use.
(b)
Banks and other financial facilities.
(c)
Barbershops and hairdressers.
(d)
Business or professional offices.
(e)
Commercial forestry.
(f)
Commercial or trade schools.
(g)
Commercial stables.
(h)
Day care, group.
(i)
Funeral homes.
(j)
Garden centers, garden supplies
and greenhouses.
(k)
Ice cream stores and stands.
(l)
Institutional, residential serving
six or more residents.
(m)
Institutional, for-profit.
(n)
Light mechanical repair stores (watches, cameras,
bikes, and electronics).
(o)
Major multifamily development.
(p)
Major single-family cluster subdivision.
(q)
Medical offices and clinics.
(r)
Photography.
(s)
Print/copy shop.
(t)
Public utilities.
(u)
Service businesses.
(v)
Tailoring.
(w)
Telecommunications facilities.
(x)
Travel agencies.
(y)
Upholstering and upholstery store.
(z)
Veterinary offices.
D.
Development standards.
(1)
In general.
(a)
Applications for development in the GNC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18 may conflict with standards contained in this section, only the standards in this section shall apply.
(b)
The Planning Commission may
establish modified building restriction lines, parking, landscaping and buffer yard requirements
for planned residential development on a case-by-case
basis to ensure consistency with GNC District design guidelines.
(c)
No individual use and/or tenant
space in a structure shall occupy more than 65,000
square feet of gross floor area, except for institutional and public uses.
(2)
(4)
GNC District design guidelines. The Planning
Director and Planning Commission shall consider
the following guidelines and the applicable design objectives of the
Grasonville Community Plan when reviewing and approving development and redevelopment in the GNC District. The Planning Director and/or Planning Commission may not approve applications
that have not made a practical and good faith effort to comply with
the following design guidelines:
(a)
All new and nonresidential planned residential
development and redevelopment in the GNC District is strongly
encouraged to be designed to have the general appearance of a single-family
detached home with customary residential accessory structures.
(b)
A nonresidential or planned residential
use that is located adjacent to a single-family residential
use shall provide adequate landscape buffer yards and/or screening to minimize impacts on the adjacent
single-family residential uses.
[Amended 9-7-2004 by Ord. No. 04-12; 9-7-2004 by Ord. No. 04-13; 1-24-2012 by Ord. No 11-18]
A.
Purpose. This district is intended to foster development of a mixed-use village core along the Main Street
corridor in Grasonville. Most types of residential development are allowed along with institutional uses and certain
low- to medium-scale commercial uses. Development within the district should be pedestrian-oriented and should build
upon the existing character of the community.
B.
Location. The GVC District is intended to have specific application
to the Grasonville Planning Area. As such, the GVC District may only
be applied to lands in the Grasonville Planning Area.
C.
Uses.
(1)
Permitted uses. The following uses are permitted
within the GVC District:[1]
(b)
All other office uses.
(d)
Antique, craft and art studios and shops.
(e)
Banks and other financial facilities.
(f)
Barbershops and hairdressers.
(g)
Bed-and-breakfast.
(h)
Business or professional offices.
(i)
Commercial apartments.
(j)
Country inn.
(k)
Day-care, family.
(l)
Dry cleaners.
(m)
First-floor commercial apartments.
(n)
Funeral home.
(o)
Garden center, garden supplies and greenhouses.
(p)
General/convenience store, no gas sales.
(q)
Home occupations.
(r)
Hotel.
(s)
Ice cream stores and stands.
(t)
Institutional, residential serving five or
fewer residents.
(u)
Institutional, nonprofit.
(v)
Institutional, outdoor recreation.
(w)
Large-lot subdivision.
(x)
Light mechanical repair store (watches, cameras, bikes, electronics).
(y)
Medical offices and clinics.
(z)
Minor multifamily development.
(aa)
Minor single-family cluster subdivision.
(bb)
Noncommercial forestry.
(cc)
Nurseries.
(dd)
Photography.
(ee)
Print/copy shop.
(ff)
Private stables.
(gg)
Public service.
(hh)
Restaurants, no drive-through.
(ii)
Retail sales or stores.
(jj)
Service businesses.
(kk)
Single-family residential.
(ll)
Tailoring.
(mm)
Travel agencies.
(nn)
Upholstering and upholstery store.
(oo)
Veterinary offices.
[1]
Editor's Note: As uses are added to or deleted from this subsection,
subsequent uses are redesignated as appropriate.
(2)
Conditional uses. The following uses are allowed as conditional uses:
(b)
Auto accessory stores.
(c)
Auto repair with no exterior storage or repair
areas.
(d)
Boat sales and repairs.
(e)
Commercial forestry.
(f)
Commercial or trade schools.
(g)
Commercial stables.
(h)
Day-care, group.
(i)
Fraternal organizations.
(j)
Furniture sales.
(k)
Grocery stores and supermarkets.
(l)
Institutional, residential serving six or more
residents.
(m)
Institutional, for-profit.
(n)
Laundries.
(o)
Lawn mower and garden equipment sales.
(p)
Light industry.
(q)
Major multifamily development.
(r)
Major single-family cluster subdivision.
(s)
Package stores (sealed containers not for consumption on-premises).
(t)
Public utilities.
(u)
Taverns and bars.
(v)
Telecommunications facilities.
(w)
Theaters and auditoriums.
(x)
Warehouses with no exterior storage.
D.
Development standards.
(1)
In general.
(a)
Applications for development in the GVC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18:1 may conflict with standards contained in this section, only the standards in this section shall apply.
(b)
The Planning Commission may establish modified building restriction lines, parking, landscaping
and buffer yard requirements on a case-by-case basis
to ensure consistency with GVC District design guidelines.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
[1]
Banks and other financial facilities;
[2]
Commercial apartments;
[3]
Medical offices and clinics;
[4]
Hotel;
[5]
Institutional; nonprofit;
[6]
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices;
[7]
Public uses; and
[8]
Where approved by conditional use granted from
the Board of Appeals:
[b]
Boat sales and repairs;
[c]
Commercial or trade schools;
[d]
Institutional, for-profit;
[e]
Light industry, where incidental retail stores
do not exceed 25,000 square feet of gross floor area;
[f]
Major multifamily development;
[g]
Theaters and auditoriums; and
[h]
Warehouses with no exterior
storage.
(2)
Residential development standards.
(a)
Density/intensity requirements.
[1]
Maximum residential density.
[a]
Single-family cluster: 3.2.
[b]
Multifamily: 10.
[c]
Large-lot subdivision: equal to
total site area divided by minimum large-lot area.
[e]
The Planning Commission may allow apartment development at a density of 20
units per acre with the following conditions:
[Added 7-10-2012 by Ord. No. 12-02]
[i]
The site area does not exceed
five acres for the apartment development.
[ii]
Architectural renderings are provided demonstrating
that the apartment development is compliant with
the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[iii]
The apartment development is
providing workforce housing, age-restricted housing, or other moderately priced housing.
[iv]
Landscape screening is provided for the structure and parking areas for adjacent
single-family residential uses.
[v]
The applicant conducts a public meeting in the
community where the apartment development is proposed
and provides notice of the meeting to property owners, adjacent to the proposed apartment development prior to submitting an application to the Department of Planning
and Zoning to obtain citizen input.
(4)
GVC District design guidelines. All new development and redevelopment in the GVC District is strongly encouraged to
incorporate the following design guidelines. The Planning
Director and/or Planning Commission shall
consider these guidelines and the applicable design objectives of
the Grasonville Community Plan when reviewing and approving development and redevelopment within the GVC District. The Planning Director and/or Planning Commission may not approve applications that have not made a practical and
good faith effort to comply with the following design guidelines:
(a)
Buildings and structures should
be oriented towards Main Street as opposed to U.S. 50/301 whenever
practical;
(b)
Front setbacks should be reduced to bring buildings and structures closer to the street and sidewalks
in order to foster town-scale streetscape and encourage pedestrian
activity;
(c)
Side setbacks and yards between buildings should
be reduced to foster a village-scale streetscape and encourage pedestrian
activities;
(d)
Roadside sidewalks should be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks should be provided wherever practical;
(e)
Parking should be to the side and rear of buildings with allowances for shared and off-site parking
to the rear of buildings. Connecting rear parking lots should be encouraged to allow customers and
residents to drive to shops within the corridor without entering public roads and interrupting traffic and pedestrian flows. Individual
curb cuts should be reduced. To the extent possible, parking should be screened from public ways and should not be placed directly
in front of the building facade containing the primary
entrance to the structure;
(f)
Newly installed utility and service connections should be placed
underground wherever possible;
(g)
An attractive landscape transition to adjoining properties should
be provided, and existing mature landscaping/trees on sites should be preserved. Landscape and screening treatments
between potentially incompatible uses should be enhanced when necessary
to lessen any negative impacts;
(h)
Parking areas and sidewalk areas should be
enhanced with landscaping;
(i)
Exterior lighting should be of a design and size compatible
with the building and adjacent areas. Lighting should
be restrained in design, and excessive brightness or glare should be avoided. Lighting for pedestrian areas and walkways should
be aesthetically pleasing and adequate for public safety;
(j)
Buildings should be in good scale and harmonious
conformance with neighboring development;
(k)
Mechanical equipment or other utility hardware on roof, ground
or buildings should be screened from public view
with materials harmonious with the building, or they
should be located so as not to be visible from public ways. Outside
storage areas and service equipment should also be screened from public
view with materials harmonious to the building;
(l)
Hedges, decorative fences and other forms of landscaping should
be used to close gaps between buildings and define
the streetscape;
(m)
Street trees should be planted to help enclose and shade the
street and pedestrianways;
(n)
Flat roofs and false mansard roofs should be discouraged and
gabled roofs should be encouraged;
(o)
Pedestrian-oriented open spaces should be created
by groupings of small-scale buildings in clusters
and utilizing spaces between the buildings;
(p)
Multiple-story buildings with commercial
uses on the ground floor and mixed office or residential uses on upper floors should be encouraged;
(q)
Full facade treatment, foundation landscaping
and lighting should be required on all building elevations
that are visible from the public way; and
(r)
New construction should be designed and built to blend with
historical Eastern Shore architectural forms (interpretations of colonial
and Victorian) in terms of formal characteristics, such as shape,
height, massing, roof shapes and door and window proportions.
(5)
Development phasing.
(b)
Development review process.
[1]
General procedures. In reviewing development proposals in the GVC District the procedures prescribed in Chapter 18:1, Part 7, of this Chapter 18:1 shall apply, except as modified by Subsection D(5)(b)[2] below.
[Amended 8-24-2010 by Ord. No. 10-10]
A.
Purpose.
(1)
The Airport Protection and Kent Island Gateway District is intended
to prevent the creation or establishment of airport hazards.
(2)
This district will also create a sense of entry to Kent Island
and Queen Anne's County while providing for business, commercial and
certain mixed-use opportunities in the airport environs that will
not be detrimental to the efficiency and safety of the airport. Structure designs in this district should reflect traditional
Eastern Shore character.
[Amended 9-12-2023 by Ord. No. 23-05]
B.
Permitted uses.
[Amended 12-12-2017 by Ord. No. 17-07; 9-12-2023 by Ord. No. 23-05]
|
Use
|
Permitted Use (P)/
Conditional Use (C)
| |
|---|---|---|
|
1.
|
Airport/airport-related uses
|
P
|
|
2.
|
Banquet facility
|
P
|
|
3.
|
Boat building
|
P
|
|
4.
|
Boat sales and repair
|
P
|
|
5.
|
Bowling alley
|
P
|
|
6.
|
Commercial apartments finally approved by July
1, 2023
|
P
|
|
7.
|
Conference center
|
P
|
|
8.
|
Duplex with accessory slip
|
P
|
|
9.
|
Marina
|
P
|
|
10.
|
Maritime convenience store
|
P
|
|
11.
|
Offices
|
P
|
|
12.
|
Outdoor recreation
|
P
|
|
13.
|
Passive recreation
|
P
|
|
14.
|
Residential accessory structures
|
P
|
|
15.
|
Retail sales/service establishment
|
P
|
C.
Use restrictions.
(1)
No use within the Airport Protection and Kent
Island Gateway District shall:
[Amended 9-12-2023 by Ord. No. 23-05]
(a)
Create electrical interference with radio communications between
the airport and aircraft, navigation systems and automatic weather
observing systems. The prohibited uses shall include,
but not be limited to, non-airport related radio and television transmitting towers or studios, wireless telecommunication towers and antennas and large radiation or X-ray equipment.
(b)
Store non-airport-related petroleum or any other explosive material
above ground.
(c)
Emit smoke or otherwise impair the visibility in the vicinity
of the airport.
(d)
Contain lights or signals which may be confused with airport
navigational lights.
(e)
Result in glare to pilots approaching, leaving or circling the
airport.
(f)
Create bird-strike hazards; or
(g)
Otherwise endanger the landing, taking off or maneuvering of
aircraft.
D.
E.
F.
Off-site directional signs.
(1)
Notwithstanding the provisions of § 18:1-82D(2) of this Chapter 18:1, a permanent off-site directional sign stating the name of a business or business area in the Airport Protection
and Kent Island Gateway District may be located on an arterial roadway
with Planning Commission approval.
(2)
Any off-site directional signage shall conform to Title 14 of
the Code of Federal Regulations (14 CFR) Part 77.
[Added 9-12-2023 by Ord. No. 23-05]
G.
Design standards. Development in the Airport Protection
and Kent Island Gateway District shall conform to the design standards
adopted by resolution of the County Commissioners No. 08-05, Town Center (TC) District and Urban Commercial (UC) District
Design Standards: Commercial and Mixed-Use Development Standards,
as amended, unless otherwise noted and the following design guidelines:
(1)
All lighting proposed on properties in the Airport Protection
and Kent Island Gateway District must be directed away or shielded
from the airport and designated flight paths;
(a)
Any proposed lighting in the district shall conform to Title 14 of
the Code of Federal Regulations (14 CFR) Part 77.
[Added 9-12-2023 by Ord. No. 23-05]
(2)
Unless otherwise recommended by the Airport Manager, development with structures adjacent to
the airport in this district shall provide fencing, berming or a landscaping
buffer to minimize impacts of noise and glare from the airport to
the proposed development and from the proposed development to the airport; and
[Amended 9-12-2023 by Ord. No. 23-05]
(3)
Potential safety conflicts between the airport and off-site development shall be minimized. Building, structure, and equipment (permanent or temporary) height and location shall
consider the impacts to the existing airport.
[Amended 9-12-2023 by Ord. No. 23-05]
(a)
An airspace determination must be received from the Maryland Department
of Transportation Maryland Aviation Administration and the Federal
Aviation Administration for compliance with Code of Maryland Regulations
11.03.05 and Title 14 of the Code of Federal Regulations (14 CFR)
Part 77, respectively, through completion of Federal Aviation Administration
Form 7460-1 with copy sent to Maryland Department of Transportation
Maryland Aviation Administration.
(b)
All development shall minimize or eliminate any
man-made effects that would impact the existing automatic weather
observing systems or affect the siting criteria for automatic weather
observing systems established in Federal Aviation Administration Order
JO6560.20, current edition.
(c)
Prior to approval, the developer must obtain written
confirmation from the Airport Manager documenting that all required
state and federal standards have been addressed.
(d)
Landscaping and stormwater management facilities shall comply with
Federal Aviation Administration Advisory Circular 150/5200-33, current
edition.
(4)
Development in this district should be sensitive
and create a sense of entry to Kent Island and Queen Anne's County
while reflecting traditional Eastern Shore vernacular by using architectural
elements which are indigenous to the region.
[Amended 9-12-2023 by Ord. No. 23-05]
(5)
A portion of the district should be dedicated to public uses that promote visitation by both Queen Anne's County
residents as well as other visitors. Such uses may include things
such as but not limited to a park, information center, cultural heritage
or Eastern Shore discovery center, museum, garden and/or facilities
to support special events.
(6)
Except for the requirements for residential use, the Planning Commission shall have the flexibility
to alter the requirements of this district. In determining any alterations,
the Planning Commission shall consider such factors
as the proposed intensity of the development, the
layout of buildings, roads, and
walkways, environmental protection considerations, the architectural
and landscaping features incorporated into the development and compatibility with the existing or anticipated development on surrounding lands.
[Amended 9-12-2023 by Ord. No. 23-05]
A.
Purpose. The Suburban Industrial Business/Employment
(SIBE) District is to provide for the development of moderate-intensity office, regional commercial, warehouse, and light industrial uses to
generate employment and business opportunities creating a major employment
center in the County. New development within the SIBE District should provide for quality design and architecture.
B.
Permitted uses.
(1)
Business and professional office complexes.
(2)
Group day-care center.
(3)
Light industry uses including:
(a)
Blacksmith shops;
(b)
Boat building;
(c)
Bulk materials or machinery storage (fully enclosed);
(d)
Business cluster facilities (an incubator facility
offering space and support services for early stage companies engaged
in the development of products or services with commercial potential);
(e)
Contractors' offices and equipment
storage yards;
(f)
Dry-cleaning and laundry plants serving more
than one outlet;
(g)
Food processing and packing plants;
(h)
Fuel oil (storage and sales);
(i)
Furniture refinishing shops;
(j)
Incidental retail stores, not to exceed 25,000
square feet of gross floor area, associated with
building and plumbing supply distribution operations;
(k)
Manufacturing/warehousing (including the production,
processing, cleaning, testing and distribution of materials, goods,
foodstuffs and products) in plants with fewer than 500 employees on
a single shift;
(l)
Materials sales;
(m)
Medical cannabis processing. This use shall not be located within 1,000 feet of any school, lot
lines of property containing a place of worship or municipal
use. If proposed in the critical area, the classification of the property
shall be Intensely Developed Area (IDA).
[Added 4-11-2017 by Ord.
No. 17-06[1]]
[1]
Editor’s Note: This ordinance also redesignated former
Subsection B(3)(m) through (s) as Subsection B(3)(n) through (t),
respectively.
(n)
Ornamental iron workshops;
(o)
Printing plants;
(p)
Scientific (e.g., research, testing or experimental)
laboratories;
(q)
Showrooms;
(r)
Trade shops (including cabinet, carpentry, planing,
plumbing, refinishing and paneling);
(s)
Truck terminals; and
(t)
Wholesale business and storage.
(4)
Limited low commercial uses and service
with the primary purpose of supporting the existing business/employees
in the SIBE District. The proposed uses are to be
of a size and scale to not draw people into the park but support existing
businesses including:
(a)
Banks;
(b)
Barbershop/hair dresser;
(c)
Coffee shop;
(d)
Dry cleaner (outlet);
(e)
Fitness center;
(f)
Medical office;
(g)
Non-fast-food restaurants such
as cafeterias or deli;
(h)
Retail sales that do not exceed 25,000 square
feet of gross floor area;
(i)
Nonprofit and for-profit institutional;
(j)
Public service uses;
(k)
Satellite parking; and
(l)
Trade schools with only indoor activities.
D.
Density/intensity requirements.
[Added 1-24-2012 by Ord. No. 11-17]
A.
Purpose. This district will create a sense of place as the entry
in the community of Grasonville and provide for the development of mixed uses including medical-related uses, retail and limited residential and to supply health-care-related
services, employment and business opportunities in the County. New development within the Grasonville Gateway
and Medical Center District should provide for quality design and
architecture consistent with the existing buildings in the zoning district dedicated to medical services.
B.
Permitted uses.
(1)
Assisted living facilities.
(2)
Banks and other financial institutions.
(3)
Barbershop/hair dresser.
(4)
Business and professional offices.
(5)
Carry-out food service.
(6)
Coffee shop.
(7)
Commercial apartments.
(8)
Diagnostic centers.
(9)
Domiciliary care facilities.
(10)
Dry cleaner.
(11)
Emergency center.
(12)
Fitness center.
(13)
Funeral home.
(14)
Group day-care center.
(15)
Hospital.
(16)
Hotels.
(17)
Institutional, residential serving five or
fewer residents.
(18)
Institutional, nonprofit.
(19)
Institutional, for-profit.
(21)
Medical offices and clinics.
(22)
Medical training facilities.
(23)
Medical specialties and medical support services.
(24)
Minor multifamily development.
(25)
Non-fast-food restaurants.
(26)
Nursing homes.
(27)
Professional offices.
(28)
Pharmacy or formulary associated with medical offices.
(29)
Public service uses.
(30)
Rehabilitation centers.
(31)
Retail pharmacy.
(32)
Scientific (e.g., medical, research, testing or experimental)
laboratories.
(33)
Veterinary offices.
D.
Development standards.
(1)
In general. Applications for development in the GGMC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18:1 may conflict with standards contained in this section, only the standards in this section shall apply.
(a)
The Planning Commission may establish modified building restriction lines, parking, landscaping
and buffer yard requirements on a case-by-case basis
to insure consistency with the Grasonville Community Plan.
(b)
Compatibility with surrounding development.
New development, infill and redevelopment projects
in this zone shall reflect the existing architecture represented in
the emergency center and professional office building and shall be
compatible with or complement the established proportions and building mass of these buildings. This
includes building materials in the facade and roof, placement, type and size of window, roofs should be pitched
or gabled, mechanical equipment hidden and utilities placed underground.
The Planning Commission may require additional design
criteria to insure the Grasonville Gateway is consistent with established buildings in the zone.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(4)
Medical cannabis licensed dispensary in GGMC.
[Added 4-11-2017 by Ord.
No. 17-06]
(a)
Shall be located at least 1,000 feet of any lot lines of property containing a place of worship, public or private school,
or correction facility.
(b)
Shall be located on a property at least 100 feet from any property
containing residential dwelling unit or units;
(c)
Shall be located on a property designated sewer service S-1 or S-2
as identified by the 2011 Comprehensive Water and Sewerage Plan.
A.
In general. All residential lots in
a single-family cluster subdivision, or a planned residential development shall comply with the following
standards for each dwelling type.
[Amended 6-12-2007 by Ord. No. 07-09]
B.
Single-family cluster subdivision. The single-family cluster subdivision consists
of fully detached, single-family residences located on individual lots. Different lot standards apply depending
upon the district where the cluster lot is located.
All single-family cluster subdivisions must contain open space. The following table specifies the minimum standards
for lots created within a single-family cluster
subdivision.
[Amended 6-12-2007 by Ord. No. 07-09]
|
Zoning District
|
Lot Area1
(square feet)
|
Front
(feet)2
|
Side
(feet)
|
Rear
(feet)
|
Width
(feet)
|
Frontage
(feet)
|
Off-Street Parking
(number of spaces)
|
Building Height
(feet)
| |
|---|---|---|---|---|---|---|---|---|---|
|
AG and CS
|
20,000
|
40
|
20
|
50
|
130
|
35
|
2
|
40
| |
|
E
|
30,000
|
40
|
15/35
|
50
|
120
|
35
|
2
|
35
| |
|
SE
|
15,000
|
30
|
10/25
|
30
|
90
|
35
|
2
|
35
| |
|
SR
|
10,000
|
30
|
10/22
|
30
|
80
|
35
|
2
|
35
| |
|
UR
|
8,000
|
30
|
10/22
|
30
|
70
|
35
|
2
|
40
| |
|
VC
|
8,000
|
25
|
5/10
|
25
|
50
|
35
|
2
|
40
| |
|
NC-5
|
2 acres
|
40
|
20
|
50
|
150
|
35
|
2
|
40
| |
|
NC-2
|
1 acre
|
40
|
20
|
50
|
130
|
35
|
2
|
40
| |
|
NC-1
|
20,000
|
40
|
20
|
50
|
120
|
353
|
2
|
40
| |
|
NC-20
|
10,000
|
15
|
5
|
25
|
60
|
353
|
2
|
40
| |
|
NC-15
|
7,500
|
15
|
5
|
25
|
60
|
353
|
2
|
40
| |
|
NC-8
|
6,000
|
15
|
5
|
25
|
60
|
353
|
2
|
40
| |
|
NOTES:
1Lot areas are per dwelling unit.
2See 18:1-7F.
**Where an unusual lot configuration exists, and a shared entrance is proposed, lot frontage may be reduced to 20 feet for up to three lots. All said lots shall share a single
point of ingress and egress and a joint use easement and maintenance agreement must be recorded in the
Land Records.
| |||||||||
C.
Duplex planned residential development. The duplex planned residential development technique
proposes semidetached dwellings for single-family residential use. It has only one dwelling unit from ground to roof and only one wall in common with another dwelling unit. The following table specifies the minimum
standards for a duplex planned residential development.
[Amended 6-12-2007 by Ord. No. 07-10]
(1)
Minimum site/lot area: 4,000 square
feet per dwelling.
(2)
Minimum lot width: 30 feet as measured
from the party wall.
(3)
Minimum front yard: 20 feet.
(4)
Minimum side yard: 12 feet.
(5)
Minimum rear yard: 15 feet.
(6)
Off-street parking spaces: two spaces
per unit.
(7)
Building height: 35 feet.
D.
Townhouse planned residential development. The townhouse planned residential development technique
proposes a single-family attached unit, with a single unit going from
ground to roof, and with individual outside access. Rows of attached
townhouses shall average no more than 10 dwelling units. The following table specifies the minimum standards for a townhouse planned residential development.
|
Standards
|
Fee Simple Lots
|
Full
| |
|---|---|---|---|
|
Minimum lot area (square feet)
|
2,400
|
N/A
| |
|
Minimum lot width (feet)
|
15
|
15
| |
|
Minimum front yard (feet)
|
15
|
15
| |
|
Minimum rear yard (feet)
|
15
|
N/A
| |
|
Maximum building height (feet)
|
28
| ||
|
Off-street parking (spaces)
|
2
| ||
|
Minimum LSA required/unit (square feet)
|
N/A
|
450
|
E.
Apartment planned residential development. The apartment planned residential development technique
proposes multidwelling-unit buildings that share
common access to units and yards. Apartments shall contain three or
more units in a building. The following table specifies
the minimum standards for apartment buildings.
[Amended 9-7-2004 by Ord. No. 04-20]
(1)
Minimum landscape surface area/dwelling unit: 1,800 square feet.
(2)
Minimum front yard: 25 feet.
(3)
Minimum side yard: 25 feet.
(4)
Minimum rear yard: 15 feet.
(5)
Minimum spacing between buildings: 30 feet.
(6)
Off-street parking spaces: 1.5 spaces
for one-bedroom unit.
(7)
Off-street parking spaces: two spaces
for two-or-more-bedroom units.
(8)
Maximum building height: 45 feet.
F.
Manufactured home community planned residential development. The manufactured
home community planned residential development technique proposes manufactured homes within a subdivision or as a rental community. The following table
specifies the minimum standards for a manufactured home community.
|
Standards
|
Fee Simple Lots
|
Rental Community
| ||
|---|---|---|---|---|
|
Minimum lot area (square feet)
|
4,000
|
3,000
| ||
|
Minimum yards/building spacing:
| ||||
|
Front (feet)
|
20
|
20
| ||
|
Side/building spacing (feet)
|
5
|
10
| ||
|
Rear/building spacing (feet)
|
20
|
40
| ||
|
Off-street parking spaces (per
unit)
|
2
|
2
| ||
|
Minimum lot width (feet)
|
40 feet.
|
N/A
| ||
G.
Multiplex planned residential development. The multiplex planned residential development technique
proposes multiple-family units in a condominium regime. Each unit
may take direct access to a private yard or access point, or units
may share yards and access. The units may be arranged in a variety
of configurations, including back-to-back, side-to-side, or vertically;
however, no more than eight units shall be attached in any single building. The following table specifies the minimum standards
for a multiplex planned residential development.
[Amended 9-7-2004 by Ord. No. 04-20]
(1)
Minimum landscape area per building: 1,800 square feet.
(2)
Minimum front yard: 25 feet.
(3)
Minimum side yard: 25 feet.
(4)
Minimum rear yard: 15 feet.
(5)
Maximum building height: 45 feet.
(6)
Off-street parking spaces: 1.5 spaces
for one-bedroom unit.
(7)
Off-street parking spaces: two spaces
for two-or-more-bedroom units.
(8)
Minimum spacing between buildings: 30 feet.
H.
Cottage home planned residential development. The cottage home planned residential development technique proposes
fully detached single-family dwellings in a condominium
regime for residential use. The following table specifies
the minimum standards for a cottage home planned residential
development.
[Added 2-9-2021 by Ord. No. 20-13]
(1)
Minimum landscape surface area per cottage unit: 450 square feet.
(6)
(7)
Maximum building height: 28 feet.
[Amended 8-19-2008 by Ord. No. 08-11[1]]
All new development and redevelopment
in the UC, LIHS, VC and SC Districts is strongly encouraged to incorporate
the following design guidelines, which are intended to protect property
values of adjacent properties and to promote new development that harmonizes with existing land use patterns
in the County. The Planning Director and/or Planning Commission shall consider these
guidelines in their review of all new development and redevelopment within the LIHS, VC and SC Districts. The Planning Director and/or Planning Commission may not approve development applications that have
not made a practical and good faith effort to comply with the following
design guidelines.
A.
The following guidelines apply to development in the LIHS District.
(1)
The appearance of typical, monolithic strip commercial
and big-box retail centers should be strongly discouraged. Instead,
more modestly scaled commercial structures grouped
in clustered settings with pedestrian-oriented open spaces and plazas should be encouraged. Where the physical separation of structures is not practical or is cost prohibitive, variable facades and storefront setbacks can achieve a similar appearance.
(2)
Pitched roofs and gables are encouraged. Where pitched
roofs are not practical from an engineering basis or are not cost
effective, false gables and mansards can achieve a similar appearance.
Flat roofs with exposed mechanical fixtures should be avoided. For
larger structures, variations in rooflines should
be required to reduce scale and add visual interest. Roofs for larger structures should have at least two of the following features:
overhanging eaves, sloped roofs and three or more roof planes.
(3)
Structures should have finished architectural facade treatment and detail on all elevations that are visible
from public ways or adjoining properties. Facades greater than 100 feet in length should incorporate recesses and
projections along at least 20% of the length of the facade. For larger buildings, windows, awnings and arcades should total at least 60% of the facade length visible from a public street. Greater architectural interest
should be encouraged for larger structures by directing
the use of a repeating pattern of change in color, texture and material
modules at intervals of no more than 30 feet.
(4)
Developments should have primary
access to major roadways or service roads and streets
with immediate access to major roadways. Wherever practical, businesses
should have customer entrances facing local streets and service roads rather than U.S. 50/301. Where commercial development may be patronized by community residents, secondary
traffic access and pedestrian connections to a local street, may be
desirable. Structures should have clearly defined
and highly visible customer entrances with features such as canopies,
porticos, arcades, arches, wingwalls and architecturally
integrated planters.
(5)
Parking areas should be located to
the rear and sides of structures and should contain
perimeter landscaping and landscape islands.
(6)
Foundation landscaping and shade trees shall be used
to soften the appearance of buildings and add visual
appeal to pedestrian plazas and sidewalks.
(7)
Stormwater management areas should be incorporated
into the landscaping of the site and should have
the appearance of a landscape amenity rather than
a fenced utility area.
(8)
Adequate landscape buffering and screening along site perimeters shall be used to protect
adjacent residential neighborhoods and residential and mixed-use zoned
properties. Landscape buffers between incompatible uses should be wide and dense enough to completely screen proposed development from adjoining properties. Landscape buffers
should also be planted along the frontage of the U.S. 50/301 corridor.
(9)
Exterior lighting shall be restrained in design in
order to avoid excessive brightness and glare onto
adjacent properties.
(10)
Commercial signage shall comply with current County regulations. Specifically, any existing billboards
shall be removed as a condition of development approval,
and all freestanding signs shall have an architectural
and/or landscaped base.
(11)
Exterior mechanical, storage or service areas
shall be completely screened from view of any public way or adjoining
property.
(12)
Predominant exterior building materials should
be of high quality. These include brick, wood or vinyl siding, stone
and tinted/textured concrete masonry units. Smooth-faced concrete
block, tilt-up concrete panels or prefabricated steel panels may not
exceed 50% of the entire structure.
(13)
Facade colors should be of
low reflectance, subtle or neutral earth tone colors. The use of high-intensity colors, metallic colors, black or
fluorescent colors should be prohibited. Building trim may feature brighter colors, but neon tubing should not be
permitted.
(14)
Roadside sidewalks should be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks should be provided wherever
practical.
B.
The following guidelines apply to development in the SC and VC Districts.
(1)
Pitched roofs and gables are encouraged. Where pitched
roofs are not practical from an engineering basis or are not cost
effective, false gables and mansards can achieve a similar appearance.
Flat roofs with exposed mechanical fixtures should be avoided. For
larger structures, variations in rooflines should
be required to reduce scale and add visual interest. Roofs for larger structures should have at least two of the following features:
overhanging eaves, sloped roofs and three or more roof planes.
(2)
Structures should have finished architectural facade treatment and detail on all elevations that are visible
from public ways or adjoining properties. Facades greater than 100 feet in length should incorporate recesses and
projections along at least 20% of the length of the facade. For larger buildings, windows, awnings and arcades should total at least 60% of the facade length visible from a public street. Greater architectural interest
should be encouraged for larger structures by directing
the use of a repeating pattern of change in color,
texture and material modules at intervals of no more than 30 feet.
(3)
Foundation landscaping and shade trees should be used
to soften the appearance of buildings and add visual
appeal to pedestrian plazas and sidewalks.
(4)
Adequate landscape buffering and screening along site perimeters should be used to protect
adjacent residential neighborhoods and residential and mixed-use zoned
properties. Landscape buffers between incompatible uses should be wide and dense enough to completely screen proposed development from adjoining properties. Landscape buffers
should also be planted along the frontage of the U.S. 50/301 corridor.
(5)
Exterior lighting shall be restrained in design in
order to avoid excessive brightness and glare onto
adjacent properties.
(6)
Commercial signage shall comply with current County regulations. Specifically, any existing billboards
shall be removed as a condition of development approval,
and all freestanding signs should have an architectural
and/or landscaped base.
(7)
Exterior mechanical, storage or service areas should
be completely screened from view of any public way or adjoining property.
(8)
Predominant exterior building materials should be
of high quality. These include brick, wood or vinyl siding, stone
and tinted/textured concrete masonry units. Smooth faced concrete
block, tilt-up concrete panels or prefabricated steel panels may not
exceed 50% of the entire structure.
(9)
Facade colors should be of low reflectance,
subtle or neutral earth tone colors. The use of high-intensity
colors, metallic colors, black or fluorescent colors should be prohibited. Building trim may feature brighter colors, but neon tubing
should not be permitted.
[1]
Editor’s Note: This ordinance also provided
that it shall apply only to development applications filed on or after
7-10 2008.
All development in residential
zoning districts for the CMPD, SMPD, GPRN, SHVC, VC, GNC, and GVC
Districts shall be master-planned as an integrated project with well-designed
and coordinated transitions between various land uses and adjacent existing land uses. A phasing plan
for various components of the development must be
approved by the Planning Commission as a component
of initial sketch and/or concept plan approval. All development infrastructure and amenities must be phased and
constructed at a rate commensurate with housing unit or floor
area construction unless otherwise specified in this Chapter 18:1.
[Added 12-12-2017 by Ord.
No. 17-16]
A.
Purpose.
(1)
To create a zone to allow utility-scale solar arrays, as defined in Chapter 18App, Appendix A: Glossary, in a specified area of the County.
(2)
To add additional requirements for utility-scale solar arrays, including setbacks from residential and other uses.
(3)
To provide landscape screening from adjacent properties, roads, rights-of-way to prevent glare,
noise, visually unattractive appearance or other adverse impacts to
adjoining properties.
(4)
To provide for the removal of utility-scale solar arrays at the termination of the use.
B.
Utility-scale solar arrays:
(1)
Shall be permitted only as a conditional use in
the Agricultural (AG) and Countryside (CS) Districts and located:
[Amended 6-14-2022 by Ord. No. 21-04]
(a)
Within a two-mile radius on either side of the electric transmission
lines with a capacity equal to or greater than 69 kV as identified
on the Utility Scale Solar Array Overlap (USSA)District Map; or
(b)
Outside of the two-mile radius described by Subsection B(1)(a), only on parcel(s) that are partially located within the two-mile radius described by Subsection B(1)(a), subject to the following:
[1]
All utility-scale solar array improvements
located outside of the two-mile radius must comply with all conditional use standards and requirements found in § 18:1-95S and applicable to the USSA;
[2]
The applicant must obtain and establish by duly
executed, recorded instrument, prior to commencement of construction
of the utility-scale solar array, a perpetual conservation easement that satisfies the following requirements:
[a]
The conservation easement shall
protect an area of agricultural land in the Agricultural (AG) District
or Countryside (CS) District equal to one acre for every acre of land
located outside of the two-mile radius that is developed for the utility-scale solar array or associated improvements;
[b]
The area deemed developed for purposes of calculating the conservation acreage required by this subsection shall consist of: (1) the entire area enclosed by the security fence required by § 18:1-95S(4)(e), which generally consists of driveways, substations, solar arrays, and stormwater structures, and (2) required landscape buffers, but shall
not include areas outside the fence associated with the solar project,
such as areas of forest conservation;
[c]
Lands eligible to meet the conservation requirements
of this subsection may be located on any eligible agricultural land
throughout the entire Agricultural (AG) District or Countryside (CS)
District, whether on the same parcel or parcels where the utility-scale solar array is to be established, parcels
adjacent thereto, or elsewhere, and without regard to whether the
land to be conserved is owned by the owner of the land where the utility-scale solar array is located;
[d]
Only lands or portions thereof that are not currently
subject to any kind of perpetual conservation easement are eligible to meet the conservation requirement of this subsection;
[e]
Lands that are eligible for conservation under
this subsection shall be prioritized as follows:
[i]
At least 50% of the land to be conserved shall
consist of USDA Soil Capability Class I, II, or III; or
[ii]
If the land is wooded, 50% of the wooded area
to be conserved is classified as USDA Woodland Group 1 or 2; or
[iii]
If there is an insufficient percentage of USDA
Soil Capability Class I, II, or III soils alone and there is an insufficient
percentage of USDA Woodland Group 1 or 2 soils alone, a minimum of
60% of the land area to be conserved shall consist of the classifications
set forth above in combination;
[f]
Only a party that is reasonably capable of enforcing
the conservation easement, such as Queen Anne's County,
Maryland Environmental Trust, Maryland Agricultural Land Preservation
Foundation, or another such recognized conservation organization,
may be identified as the grantee of the easement;
[g]
The applicant is solely responsible for negotiating
and acquiring the required conservation easement and
preparing and recording all necessary legal documents, including all
legal fees and applicable transfer and recordation taxes and fees;
[3]
The requirement to conserve agricultural land in
the Agricultural (AG) District or the Countryside (CS) District applies
whether the utility-scale solar array is to be established
on Agricultural (AG) District land or Countryside (CS) District land;
[4]
The conservation requirement of this subsection
may be met without regard to differences between the number of development
rights on the parcel where the utility-scale solar array is located and the number of such rights being retired on the newly
conserved lands, provided that any Reservation of Resource Conservation
Area Density Rights Agreement required by COMAR 27.01.14.05 shall
not be affected by this provision.
(2)
Shall not be on a parcel with conservation or open space
easement(s) as recorded in the Land Records of Queen Anne's
County or otherwise designated through agreement, except that a conservation easement established for purposes of Subsection B(1)(b) above may partially encumber a property proposed for solar development, provided that no solar improvements or landscape buffers are located within the protected easement area;
[Amended 6-14-2022 by Ord. No. 21-04]
(3)
Shall not be on a parcel within a greenbelt designation or a municipal growth area as identified in the Queen Anne's County Comprehensive Plan as amended or a Queen Anne's County municipality's
community plan;
[Amended 6-14-2022 by Ord. No. 21-04]
(4)
Shall not be permitted on a parcel reconfigured through administrative
subdivision for the purpose of adding additional acreage
to the area available for utility-scale solar arrays;
(5)
Shall comply with all applicable federal and state regulations, including
but not limited to obtaining a certificate of public convenience and
necessity from the Public Service Commission if required, and in the
removal and disposal of the utility-scale solar array and all of its components;
