[Added 11-25-2014 by Ord. No. 2014-4]
A.
Rural Revitalization Zoning Districts are intended to allow for the
revitalization, renewal, and redevelopment of structures on developed
properties where commercial or industrial uses have historically occurred.
The purpose of this district is:
(1)
To provide an opportunity for structures on properties with commercial
or industrial uses that existed prior to zoning regulations to continue
to be used commercially or industrially subject to certain conditions
and in harmony with nearby land uses; and
(2)
To encourage adaptive reuse of existing structures in the R, Rural
and R-1, Residential Zoning Districts.
B.
District boundaries for Rural Revitalization Districts shall be established
by the Planning Commission following an application by a property
owner.
C.
The program shall be administered by the Planning Commission which
shall be responsible for the development of the application and criteria
for the approval of Rural Revitalization Districts, as well as any
changes to the application and criteria.
D.
Where approved by the Commission, the Rural Revitalization Zoning
District shall overlay the existing R, Rural and R-1, Residential
Zoning District, as may be amended from time to time, and the terms
and conditions of this Article shall supersede requirements of the
R, Rural or R-1, Residential Zoning District where applicable.
E.
Rural Revitalization District requirements.
(1)
The property must be in the R, Rural or R-1, Residential Zoning District.
(2)
There must be existing structure(s) proposed for adaptive reuse and/or redevelopment. The existing structures must not be considered "unsafe structures" as defined in Chapter 170 of the Code of Public Local Laws of Caroline County, Maryland.
(3)
Structures on the property proposed for reuse and/or redevelopment
must have existed as of October 1, 1967.
(4)
Structures proposed for redevelopment must have been used for commercial
and/or industrial uses as of October 1, 1967.
F.
In consideration of the application for a specific adaptive reuse
for a specific property, the Planning Commission shall use the following
criteria:
(1)
The property must be approved as a Rural Revitalization District.
(2)
The proposed use shall be no more intense than the historic use.
(3)
Any addition or alteration to the exterior of an existing structure
shall not substantially alter the original character or form of the
building.
(4)
The proposed use shall not materially injure the value of adjoining
property and shall be in harmony with surrounding land uses.
(5)
The proposed use shall not materially endanger the public health
and safety, or constitute a public nuisance.
(6)
The proposed use shall not cause any noise, odors, effluent, smoke,
dust, vibrations, electrical interference, bright or flashing light,
or other objectionable conditions detectable at or beyond the lot
line.
(7)
Off-street parking shall be restricted to the areas of the property
historically used for parking. If the change of use requires additional
parking, reasonable and appropriate off-street parking requirements
shall be determined by the Planning Commission and shall be based
on the parking needs of the proposed use, and the availability of
on-street or off-street parking in the vicinity of the proposed use.
(8)
Signage. The Planning Commission shall have the authority to approve
signage on properties within the overlay zoning district.
(9)
Setbacks. The Planning Commission shall have the authority to establish
setbacks, yard dimensions, height, and other spatial requirements.
(10)
Hours of operation shall be between 7:00 a.m. and 9:00 p.m.
Extended hours shall require approval from the Planning Commission.
G.
Approval procedures. The approval of the Planning Commission may
occur in two parts. The Planning Commission may approve both the designation
of a property as a floating Rural Revitalization District and a specific
proposed adaptive reuse at the same time, or the Planning Commission
may approve the district only. The procedure for establishment of
a Rural Revitalization District and for a specific adaptive reuse
shall be as follows:
(1)
Applications shall be submitted on forms obtained from the Zoning
Administrator. Each application shall be signed by the property owner(s),
a duly authorized agent or by any other person(s) with a contractual
or proprietary interest in real property covered by the application.
The completed application, together with all required information
and fees, shall be filed with the Zoning Administrator, who shall
review the application for adequacy. A public hearing shall be scheduled
before the Planning Commission within 60 days of receipt of a properly
completed application. The Zoning Administrator shall publish the
required public hearing notices.
(2)
The Zoning Administrator shall provide the Planning Commission with
a recommendation on the request, including a summary of the property's
conformance with the intent of this Article, the Zoning Ordinance,
and the Comprehensive Plan.
(3)
Public hearing required. Before any application can be approved, a duly advertised public hearing shall be held by the Planning Commission as prescribed in § 175-167 of this chapter.
(4)
Public hearing notice. The notice shall contain the name(s) of the
applicant(s) and current property owner(s), a brief description sufficient
to identify the property involved, the proposed zoning district and
the date, time and place of the public hearing. No fees shall be refunded
if a rezoning application is withdrawn after publication of a public
hearing notice.
(5)
Posting of property. At least 14 days prior to the scheduled public
hearing, the Zoning Administrator shall erect a sign on the land proposed
to be rezoned. Such sign shall be erected within 25 feet of the boundary
line of said land which abuts the most traveled County or state road,
and if no County or state road abuts thereon, then such sign shall
be erected to face in such a manner as may be most readily seen by
the public. The sign shall be removed by the Zoning Administrator
after a decision is made by the Planning Commission or the application
is withdrawn.
(6)
Notification of interested parties and adjoining property owners.
The Zoning Administrator shall mail copies of the public hearing notice
by United States mail, first class postage prepaid, to all interested
parties, as shown by the record of said proceeding on file, and to
all adjoining property owners not less than 10 days before the date
of the hearing. The mailed notices shall be directed to the names
and addresses as shown on the most recently available quarterly subdivision
listing for Caroline County published by the State Department of Assessments
and Taxation.
(7)
Reapplication after denial. An application for the Rural Revitalization
District shall not be accepted for any part of a property for which
the Planning Commission has denied a Rural Revitalization District
on merit within the previous 12 months. An application for a new or
alternative use in an already designated Rural Revitalization District
may be accepted at any time.
(8)
Within 60 days after the close of the public hearing, the Planning
Commission shall either approve or reject the proposed zoning district
and/or use.
(9)
In approving a use or uses, the Planning Commission shall have the
authority to establish terms and conditions for approval.
H.
Transfer or termination of use and/or district.
(1)
If the requirements and criteria for adaptive reuse specified in § 175-51E can no longer be met, the Rural Revitalization District shall be terminated. The property owner shall be notified in writing by the Zoning Administrator.
(2)
A structure supporting a viable commercial activity that becomes
damaged beyond repair due to an accident or act of nature may rebuild
with approval from the Planning Commission.
(3)
An approval for a use in the Rural Revitalization District is transferable
to a subsequent property or business owner, provided that the commercial
activity is not substantially changed.
(4)
A change in the use of a structure approved for adaptive reuse will
be considered a new use and must receive approval from the Planning
Commission in the same manner as a new use.
[1]
Editor's Note: The internal subsections in this section were
originally delineated as Subsections (1), (2), (3), etc., with subsumed
Subsections A., B., C., etc. The subsections were changed to A., B.,
C., etc., with subsumed Subsections (1), (2), (3), etc., in order
to maintain the style of the rest of this chapter and of the Code.
