Purpose. Article II establishes the Official Zoning Map that divides the County into zoning districts; establishes the purpose and requirements for each of the County's base zoning districts; and provides dimensional standards and bulk requirements that apply within all zoning districts.

Zoning districts listed.

The base zoning districts listed in Table II-1 are hereby established to provide land use regulations throughout Talbot County:

Table II-1. Zoning Districts Established
Base Zoning Districts
Conservation Districts
AC	Agricultural Conservation
CP	Countryside Preservation
WRC	Western Rural Conservation
TC	Town Conservation
RC	Rural Conservation
Residential Districts
RR	Rural Residential
TR	Town Residential
Village Districts
VR	Village Residential
VH	Village Hamlet
VM	Village Mixed
Nonresidential Districts
LC	Limited Commercial
GC	General Commercial
LI	Limited Industrial

See Article III for floating and overlay zoning districts.

§ 190-6 Official Zoning Map.

6.1

Establishment.

The boundaries of zoning districts are shown on the Official Zoning Maps of Talbot County, which are hereby made a part of this chapter.

The Official Zoning Maps, together with amendments thereto, shall be kept by the Planning Director in both digital and printed form. In the event of a conflict between the digital and printed versions, the digital version shall control.

The Department of Planning and Zoning shall ensure that, where applicable, each project submittal utilizes the digitally generated, georeferenced Critical Area boundary, as shown on the Official Zoning Maps of Talbot County, Maryland (Digital Version).

6.2

Interpretation of boundaries.

Determination by Planning Director. Upon written request from a property owner, the Planning Director shall issue a determination on the location of a zoning district boundary, in accordance with the provisions of Subsection B below.

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts shown on the Official Zoning Maps, the following rules shall apply:

Boundaries indicated as approximately following the center lines of existing or proposed streets, highways, alleys, or waterways shall be construed as following such center lines.

Boundaries indicated as approximately following property lines or election district boundary lines shall be construed as following such property lines or election district boundary lines.

Boundaries indicated as following approximately the incorporated limits of municipalities shall be construed as following such incorporated limits.

Boundaries indicated as approximately following County boundary lines shall be construed as following such County boundary lines.

Wherever a district adjoins a river or other body of water, the zone boundary line shall be deemed to extend to the center line of such body of water.

Boundaries indicated as parallel to or extensions of features indicated in Subsections B.1 through B.5 above shall be so construed.

Where a boundary line is indicated as obviously not coinciding with property lines, center lines, municipal incorporation limits or other features as indicated in Subsection B.1 through B.6 above, the boundary shall be scaled from the Official Zoning Map.

For other circumstances not covered above, the Planning Director shall determine the zoning district boundary after considering the recommendation of the Planning Commission.

Parcels divided by Critical Area boundary.

Parcels that are divided by the Critical Area boundary and are partially in the Rural Conservation or Rural Residential Zoning District:

If a smaller portion of a divided property is less than two acres in area, it is subject to the same zoning district as the larger portion. However, all requirements of the Critical Area Overlay District still apply to the Critical Area portion.

If the smaller portion is two acres or larger, the parcel is subject to two zoning districts, the zoning district for the portion outside the Critical Area and the zoning district for the portion inside the Critical Area.

Parcels that are divided by the Critical Area boundary and are partially in any other district:

If a smaller portion of a divided property is less than one acre in area, it is subject to the same zoning district as the larger portion. However, all requirements of the Critical Area Overlay Districts still apply to the Critical Area portion.

If the smaller portion is one acre or larger, the parcel is subject to two zoning districts, the zoning district for the portion outside the Critical Area and the zoning district for the portion inside the Critical Area.

§ 190-7 (Reserved)

§ 190-8 Conservation Districts.

8.1

Agricultural Conservation (AC).

Purpose. The AC District is characterized by rural agricultural and low-density residential uses. This district provides a full range of agricultural activities, forestry, agribusiness uses and limited single-family residential development. Development in this district shall:

Maintain and, wherever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Conserve and protect agricultural lands and uses;

Protect environmentally sensitive lands; and

Preserve rural character through conservation of open space and agricultural lands.

Subdivision standards. Subdivisions shall comply with the following standards:

§ 190-8.6, Conservation subdivision design standards;

§ 190-8.7, Density calculations for conservation subdivisions; and

§ 190-8.8, Cluster subdivision standards.

Density and bulk requirements.

Table II-2. AC District Density and Bulk Requirements
Type of Requirement			Requirement
1.	Maximum Density		See § 190-8.7 for additional requirements for calculating density.
	a.	Original parcel less than 6 acres	1 dwelling unit per 2 acres
	b.	Original parcel 6 acres or larger	3 dwelling units plus 1 dwelling unit per 20 acres
2.	Minimum Lot Dimensions
	a.	Lot size	1 acre
	b.	Lot width	100 feet
3.	Minimum Setbacks		See supplemental setback requirements in § 190-12.2.
			Lots 2 Acres or Larger	Lots Less Than 2 Acres
	a.	Front	50 feet	50 feet
	b.	Side	50 feet	15 feet
	c.	Rear	50 feet	25 feet
4.	Height		See § 190-12.1.

8.2

Countryside Preservation (CP).

Purpose. The CP District is characterized by rural agricultural and low-density residential uses. This district protects the rural character of land bordering the growth areas of incorporated towns; protects farmland, forests, and open spaces, prevents sprawl, and provides physical and visual boundaries to growth areas. Land within this district should be targeted for permanent protection by creation of agricultural and conservation easements; agricultural activities shall be preserved, encouraged and protected. Development in this district shall:

Maintain and, wherever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Conserve and protect agricultural lands and uses;

Protect environmentally sensitive lands; and

Preserve rural character through conservation of open space and agricultural lands.

Subdivision standards. Subdivisions shall comply with the following standards:

§ 190-8.6, Conservation subdivision design standards;

§ 190-8.7, Density calculations for conservation subdivisions; and

§ 190-8.8, Cluster subdivision standards.

Density and bulk requirements.

Table II-3. CP District Density and Bulk Requirements
Type of Requirement			Requirement
1.	Maximum Density		See § 190-8.7 for additional requirements for calculating density.
	a.	Original parcel less than 6 acres	1 dwelling unit per 2 acres
	b.	Original parcel 6 acres or larger	3 dwelling units plus 1 dwelling unit per 20 acres
2.	Minimum Lot Dimensions
	a.	Lot size	1 acre
	b.	Lot width	100 feet
3.	Minimum Setbacks		See supplemental setback requirements in § 190-12.2.
			Lots 2 Acres or Larger	Lots Less Than 2 Acres
	a.	Front	50 feet	50 feet
	b.	Side	50 feet	15 feet
	c.	Rear	50 feet	25 feet
4.	Height		See § 190-12.1.

8.3

Western Rural Conservation (WRC).

Purpose. The WRC District is characterized by rural agricultural and low-density residential uses. This district protects the ecological, scenic, and economic value of rural area in the western part of the County. Because this district contains a high proportion of sensitive natural areas, development is limited to low-density residential uses with design guidelines to protect natural resources and limited highway access. Agricultural activities shall be preserved, encouraged, and protected. Development in this district shall:

Maintain and, wherever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Conserve and protect agricultural lands and uses;

Protect environmentally sensitive lands; and

Preserve rural character through conservation of open space and agricultural lands.

Subdivision standards. Subdivisions shall comply with the following standards:

§ 190-8.6, Conservation subdivision design standards;

§ 190-8.7, Density calculations for conservation subdivisions; and

§ 190-8.8, Cluster subdivision standards.

Density and bulk requirements.

Table II-4. WRC District Density and Bulk Requirements
Type of Requirement				Requirement
1.	Maximum Density			See § 190-8.7 for additional requirements for calculating density.
	a.	Original parcel less than 6 acres		1 dwelling unit per 2 acres
	b.	Original parcel 6 acres or larger		3 dwelling units plus 1 dwelling unit per 20 acres
2.	Minimum Lot Dimensions
	a.	Lot size		1 acre
	b.	Lot width		100 feet
3.	Minimum Setbacks			See supplemental setback requirements in § 190-12.2.
				Lots 2 Acres or Larger	Lots Less Than 2 Acres
	a.	Front		50 feet	50 feet
	b.	Side		50 feet	15 feet
	c.	Rear		50 feet	25 feet
4.	Maximum Lot Coverage
	a.	Lots created on or before June 22, 1991
		i.	Lot of 1/2 acre or less	25% of lot area
		ii.	Lots larger than 1/2 acre and smaller than 1 acre	20% of lot area
		iii.	Lots 1 acre or larger	15% of lot area
	b.	Lots created after June 22, 1991: all lots		15% of lot area
	c.	Lots with documentation that lot coverage greater than these limits existed on or prior to June 22, 1991, may maintain the coverage that existed as of June 22, 1991. If lot coverage is reduced, the lower percentage shall be retained.
5.	Height			See § 190-12.1.

8.4

Town Conservation (TC).

Purpose. The TC District shall be characterized by agricultural and low-density residential uses. This district protects the rural character of land within designated growth areas around incorporated towns, prevents sprawl, preserves the character and identity of towns, and preserves the opportunity for orderly, well-planned, future growth of these areas through resubdivision and redevelopment after annexation into the towns. Development in this district shall:

Maintain and, whenever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Conserve and protect agricultural lands and uses; and

Protect environmentally sensitive lands from nonagricultural forms of development.

Subdivision standards. Subdivisions shall comply with the following standards:

§ 190-8.6, Conservation subdivision design standards; and

§ 190-8.7, Density calculations for conservation subdivisions.

Density and bulk requirements.

Table II-5. TC District Density and Bulk Requirements
Type of Requirement			Requirements
1.	Maximum Density		See § 190-8.7 for additional requirements for calculating density.
	a.	Original parcel less than 6 acres	1 dwelling unit per 2 acres
	b.	Original parcel 6 acres or larger	3 dwelling units plus 1 dwelling unit per 20 acres
2.	Minimum Lot Dimensions
	a.	Lot size	1 acre
	b.	Lot width	100 feet
3.	Minimum Setbacks		See supplemental setback requirements in § 190-12.2
	a.	Front	50 feet
	b.	Side	15 feet
	c.	Rear	25 feet
4.	Height		See § 190-12.1

8.5

Resource Conservation (RC) (Critical Area only).

Purpose. The RC District is characterized by natural environments (wetlands, forests, or abandoned fields) and resource development activities (agriculture, forestry, fisheries, or aquaculture). This district conserves the irreplaceable agricultural, forested, and natural environmental character of the County. Agricultural activities shall be preserved, encouraged and protected. Development activities are to be in the form of large lots or clustered lots outside of habitat protection areas, without public water or sewer service. Development in this district shall:

Maintain and, wherever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Conserve and protect agricultural lands and uses;

Protect environmentally sensitive lands; and

Preserve rural character through conservation of open space and agricultural lands.

Relationship to Critical Area. The RC District is applied only to areas of the County in the Resource Conservation Area of the Critical Area, unless granted growth allocation in accordance with § 190-55.5.K. All land within the RC District is also within the Critical Area Overlay District. (See § 190-15.)

Subdivision design. Subdivisions shall comply with the Conservation Subdivision Design Standards of § 190-8.6.

Density and bulk requirements.

Table II-6. RC District Density and Bulk Requirements
Type of Requirement			Requirements
1.	Maximum Density		See § 190-8.5E below for additional detail.
	a.	Density	1 dwelling unit per 20 acres, based on original parcel size as of August 13, 1989
	b.	Density for receiving areas in joint subdivisions	1 dwelling unit per 5 acres for receiving areas in joint subdivisions. See § 190-8.5F.
2.	Minimum Lot Dimensions
	a.	Lot size	2 acres
	b.	Lot width	200 feet
3.	Minimum Setbacks		See supplemental setback requirements in § 190-12.2.
	a.	Front	50 feet
	b.	Side	25 feet
	c.	Rear	25 feet
4.	Maximum Lot Coverage		See requirements in Critical Area Overlay District, § 190-15.6C.
5.	Height		See § 190-12.1.

Density calculations for the RC District.

Density and original parcel.

The density in the RC District is one dwelling unit per 20 acres. The number of lots allowed to be subdivided from a parcel, lot or tract shall be based on the size of the original parcel, lot or tract as of August 13, 1989.

As provided in the Maryland Code, Natural Resources Article, Section 8-1808.1 (e)(ii), private wetlands may be included in calculating the density of development, provided that:

The density of development on the non-wetland portion of the property shall not exceed one dwelling unit per eight acres; and

ii.

The area of private wetlands shall be estimated on the basis of the Maryland wetland maps.

Density calculations for subdivision of lots created after August 13, 1989.

Any lot or parcel that has been or is subdivided from an original parcel may be further subdivided only if the lot has additional enumerated development rights specifically granted to it by subdivision plat notation.

The total number of development rights permitted for the original parcel, using current density standards and the original parcel size as of August 13, 1989, shall not be exceeded through further subdivision, except as necessary to allocate at least one development right to each lot or parcel currently having development rights.

Any revision approved after August 13, 1989, to the acreage of any parcel, lot or tract may not be used to calculate or result in an increase in density.

Density transfer (joint subdivisions).

A joint subdivision shall permit the transfer of development rights from a sending parcel in the RC District to a receiving parcel also in the RC District. Joint subdivisions allow residential development rights to be transferred to parcels with eroding shorelines, subject to implementation of measures that achieve shoreline stabilization.

Joint subdivisions shall be processed and approved in the same manner as other subdivisions.

The sending area must be located within one of the following areas, excluding portions of these areas that are within 500 feet (measured landward) of shoreline with an erosion rate of at least two feet per year and adjacent shoreline within 100 feet on both sides:

Plant and wildlife habitat areas;

Drainage basins of anadromous fish propagation waters; or

Natural park or recreation open space sites.

The receiving area must be located within 500 feet (measured landward) of shoreline with an erosion rate of at least two feet per year, including adjacent shoreline within 100 feet on both sides.

The maximum density on the receiving parcel, including both preexisting development rights and transferred development rights, is one dwelling unit per five acres. The total area of the receiving parcel(s) is used for calculating the one-dwelling-unit-per-five-acre density.

Dwelling units erected on the receiving parcel(s) by reason of the transferred development rights must be placed within 500 feet, measured landward, from the shoreline with an erosion rate of at least two feet per year, including adjacent shoreline within 100 feet on both sides.

The joint subdivision approval shall be conditioned upon satisfactory arrangements for the protection of the eroding shoreline on the receiving parcel, and permanent protection of at least 20 acres of property in the sending area for each development right transferred to receiving parcel(s).

The protection from future development of acreage in the sending area shall be accomplished through recordation of a reserved land agreement or reservation of development rights as deemed appropriate by the Planning Director.

Intrafamily transfers in the RC District. Notwithstanding the density limits in the RC District, a lot of record that remains in the same configuration and ownership as of March 1, 1986, located in the RC District may subdivide the lot by means of a bona fide intrafamily transfer subject to the following limits:

A parcel that is at least seven acres and less than 12 acres may be subdivided into not more than two lots, with the newly created lot subject to the intrafamily transfer restrictions established in this section.

A parcel that is at least 12 acres and less than 40 acres in size may be subdivided into not more than three lots, with the two newly created lots subject to the intrafamily transfer restrictions established in this section. A parcel at least 40 and less than 60 acres may be subdivided into not more than three lots, with one of the newly created lots subject to the intrafamily transfer restrictions established in this section. The lots may be created at different times, provided the intrafamily provision is utilized for all lots created after March 1, 1986.

A lot created by means of an intrafamily transfer may be transferred only to a member of the owner's immediate family for the purpose of establishing a residence for that family member. For the purposes of this section, "immediate family" means a father, mother, son, daughter, sibling, grandfather, grandmother, grandson, or granddaughter who has attained the age of 21 years.

Only the recipient of a lot created through an intrafamily transfer may request a building permit for a structure on a lot created through this process. The building permit application for a primary residential structure must be filed with the final subdivision plat creating the lot. The residential structure must be completed within 18 months of the permit approval. A single extension of this time period, not to exceed 18 months, may be granted by the Planning Commission.

A lot created through intrafamily transfer shall not be rented or leased to any party except for a member of the owner's immediate family; shall not be further subdivided; and is not eligible for joint subdivision.

A lot created through intrafamily transfer shall not be conveyed subsequently to any person other than a member of the owner's immediate family (except for a conveyance to a third party as security for a mortgage or deed of trust and except for a conveyance resulting from court proceedings, including bankruptcy, divorce, mental competency, probate, foreclosure, etc., or from the disposition of a will). A variance from this limitation may be obtained from the Board of Appeals with the applicant showing that:

The lot was created as part of a bona fide intrafamily transfer and not with the intent of subdividing the original parcel for the purpose of ultimate commercial sale; and

A change in circumstances has occurred since the original transfer was made that is not inconsistent with this section and warrants an exception. Changes in circumstances include situations where the intrafamily transfer recipient has not resided in the County for five years prior to application for a variance or suffers significant financial hardship. The Board may define such hardship as being unable to meet all financial obligations for the preceding six months.

Any deed for a lot created by intrafamily transfer shall contain a covenant stating that the lot is created subject to the provisions of this section.

The restrictions in Subsection G.3 through 7 above apply only to the lots created pursuant to the intrafamily transfer provisions and not to the remaining land or to lots not created through intrafamily transfer.

The remaining portion of the original parcel shall not be conveyed to a different owner until the primary residential structures on lots created through intrafamily transfer have been completed and occupied.

8.6

Conservation subdivision design standards. Within the conservation districts, the following design standards shall be applied to subdivisions to conserve farmland and natural resources.

Subdivisions shall be designed and the lots located in a way that preserves the agricultural and open space integrity of the remainder of the property and retains contiguous areas of farmland or forest. This standard governs location and design of all lots, whether clustered or not.

Development shall locate lots and subdivision roads to avoid conflicts with existing farming operations through separation and preservation of existing natural buffers.

Particularly in the CP District, development should be sited to preserve the rural landscape views from County and state roads.

Residential lots and structures shall be located in the fringe edges of woodlands and fields to the fullest extent possible.

Landscapes shall be preserved in their natural state to the fullest practical extent. Tree and soil removal shall be minimized. Topography, drainageways, tree cover and other natural features shall be given priority as fixed design determinants rather than elements to be changed to follow a preferred development plan.

Areas with environmental constraints may be included to calculate density, but development shall minimize disturbance of these areas and their buffers to the fullest practical extent.

Subdivision plats shall contain plat notes to notify all lot owners that:

They have no recourse against the inherent effects of agricultural operations conducted in accordance with commonly accepted agricultural practices;

These effects may include, but are not limited to, noise, odor, vibration, fumes, dust or glare; and

Chapter 128, Right to Farm, Talbot County Code, protects agricultural operations on all agricultural land in the County.

Proposed subdivisions shall include a concept plan for the entire parcel or project showing potential future development. The concept plan is nonbinding.

8.7

Density calculations for conservation subdivisions. The following method of calculation applies to subdivisions in the AC, CP, WRC and TC Districts. See § 190-8.5E for RC District density calculations.

Original parcel. The density and number of lots allowed to be subdivided from a parcel, lot, or tract shall be based on the size of the original parcel, lot, or tract as of June 22, 1991.

Further subdivision.

Density calculations for subdivision of lots created after June 22, 1991:

If the subdivision that created the lot or parcel was based on an allowed density greater than the current density, the development rights that were specifically granted to the lot by the plat shall be adjusted to reflect current density requirements through the following calculation:

Calculate the development rights for the original parcel based on the current density requirements of this article and the acreage of the original parcel on June 22, 1991.

Calculate the development rights for the original parcel based on the density standard used for the prior recorded subdivision and the acreage of the original parcel on June 22, 1991.

Divide the development rights based on current density by the development rights based on the June 22, 1991 regulations to obtain the development rights factor.

Multiply the enumerated development rights granted on the plat by the development rights factor. This product equals the number of available development rights for the lot.

No lot, parcel, or tract shall be allocated less than one development right. Development rights shall be allocated in whole numbers, with fractional development rights of 0.50 or greater rounded up to the nearest whole number.

The total number of development rights permitted for the original parcel, using current density standards and the original parcel size as of June 22, 1991, shall not be exceeded through further subdivision, except as necessary to allocate at least one development right to each lot or parcel currently having development rights and to round up fractional development rights greater than 0.50.

8.8

Cluster subdivision standards. The following standards apply to development in the in the AC, CP and WRC Districts:

Subdivisions in the AC, CP and WRC Districts must be designed as cluster developments, in which most lots are clustered together on a portion or portions of the site and reserved land is consolidated and suitable for farming to the fullest practical extent.

The maximum density in the AC, CP and WRC districts is one dwelling per 20 acres, plus up to three additional lots depending upon original parcel size. In Table II-7, Column B shows the number of permitted lots resulting from the allowed density and Columns C, D and E establish clustering requirements; i.e., the number of lots that must be clustered and the maximum acreage in the clustered lots.

Subdivisions shall include reserved land as follows:

For each development right utilized or allocated from an original parcel, reserved land shall be established such that the lot plus the reserved land totals at least the acreage of the original parcel divided by the total number of development rights available on June 13, 2009.

A reserved land agreement as described in § 190-73 shall be recorded for each area or parcel of reserved land created.

The clustering requirements and number of development rights in the AC, CP and WRC Districts are shown in Table II-7:

Table II-7. Cluster Requirements
Column A Parcel Size (acres)	Column B Maximum Lots (including remainder of original parcel)	Column C Minimum Clustered Lots	Column D Maximum Total Acreage in Cluster Lots	Column E Maximum Nonclustered Lots
Less than 4	1	n/a	n/a	n/a
At least 4 and less than 6	2	n/a	n/a	n/a
At least 6 and less than 20	3	2	7	1
At least 20 and less than 40	4	2	7	2
At least 40 and less than 60	5	3	11	2
At least 60 and less than 80	6	3	11	3
At least 80 and less than 100	7	4	14	3
100 acres or larger	3 plus 1 lot per 20 acres	All except 3 lots	3.5 acres times the number of cluster lots	3

§ 190-9 Residential Districts.

9.1

Rural Residential District (RR).

Purpose. This district shall be characterized by low-intensity residential uses. The purpose of this district is to protect the environment and preserve natural resources in the rural areas of the County while allowing a limited degree of residential development. Development is to be in the form of large lots or clustered lots outside of habitat protection areas, generally without public water or sewer service. Development in this district shall:

Maintain and, whenever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Maintain, to the extent practical, existing areas of natural habitat; and

Accommodate low-intensity residential development that conforms to the water quality and habitat protection criteria in this chapter.

Density and bulk requirements.

Table II-8. RR District Density and Bulk Requirements
Type of Requirement			Requirement
1.	Maximum Density
	a.	Basic density	1 dwelling unit per 5 acres
2.	Minimum Lot Dimensions
	a.	Lot size	2 acres
	b.	Lot width	200 feet
3.	Minimum Setbacks		See supplemental setback requirements in § 190-12.2.
	a.	Front	50 feet
	b.	Side	25 feet
	c.	Rear	25 feet
4.	Height		See § 190-12.1.

9.2

Town Residential District (TR).

Purpose. The TR District is characterized by existing moderate-intensity residential uses. This district recognizes existing residential neighborhoods near incorporated towns, and allows compatible infill development while preserving existing natural habitat wherever possible. Public water and sewer service should be provided. Development in this district shall:

Maintain and, whenever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Accommodate additional residential development, provided that water quality is not impaired;

Conserve and enhance fish, wildlife, and plant habitats to the extent possible; and

Encourage retrofitting to address existing stormwater management problems.

Density and bulk requirements.

Table II-9. TR District Density and Bulk Requirements
Type of Requirement			Requirement
			Without Public or Shared Sewer Service	With Public or Shared Sewer Service
1.	Maximum Density		1 dwelling unit per acre	4 dwelling units per acre
2.	Minimum Lot Dimensions
	a.	Lot size	1 acre	10,000 square feet
	b.	Lot width	100 feet	75 feet
3.	Minimum Setbacks		See supplemental setback requirements in § 190-12.2.
	a.	Front	50 feet	25 feet
	b.	Side	15 feet	10 feet
	c.	Rear	25 feet	25 feet
4.	Height		See § 190-12.1.

§ 190-10 Village Districts.

10.1

Purpose.

Village districts generally. The village districts provide for limited development in scale with the existing character of the village. The village districts' growth shall be consistent with historic patterns, and shall be of modest scale. Areas intended for more significant growth are located near Easton and the County's other municipalities.

The villages have a sense of identity and continuity formed by the existing buildings, mature trees and landscaping, natural features and historic street patterns. Buildings in the villages display characteristics of varying styles and time periods. These regulations are intended to provide for continued use of and improvements to existing buildings and to promote design for new development that respects the traditional village patterns of development.

It is intended that all development in the Village zoning districts shall:

Maintain and, whenever possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributary streams;

Maintain, to the extent practical, existing areas of natural habitat;

Accommodate additional low- or moderate-intensity development, if development conforms to this chapter's water quality and habitat protection criteria;

Be compatible with and complement the character of the existing community in terms of land use, density, scale, setbacks, site layout, mix of use, and general design to maintain the villages' unique "sense of place";

Maintain densities that reflect village lot sizes existing after zoning boundary modifications. Existing dwelling units per acre and other factors will be considered through the rezoning process, keeping in mind the unique character of each village or portion thereof; and

Where needed, be granted sewer connection consistent with allocation policies in Water Quality Strategy Areas Tier III-B to resolve failing, inadequate and substandard septic systems within villages and allow for infill, redevelopment and new development on existing lots of record.

Village Mixed (VM). The Village Mixed District provides for low- or moderate-intensity residential and commercial uses. This district may contain a mixture of residential, commercial, and maritime/agricultural service uses. The commercial and service uses serve residents of the village and nearby areas, and may include heritage tourism uses to attract visitors. Limited new development is directed to this district so that the environment and natural resources of nearby rural areas are protected and preserved. These districts may have public water and/or sewer service with relatively smaller lots and higher densities than surrounding rural areas.

Village Hamlet (VH). The Village Hamlet District is characterized by low- or moderate-intensity residential and limited commercial uses. This district is intended for principally residential use, with limited compatible commercial uses that serve residents of the village and nearby areas. The scale and intensity of commercial uses shall comport with the existing development pattern. Limited new residential and suitable commercial development is directed to this district, so that the environment and natural resources of nearby rural areas are protected and preserved. These districts may have public water and/or sewer service with relatively smaller lots and higher densities than surrounding rural areas.

Village Residential (VR). The Village Residential District provides for low- or moderate-density residential use. Limited new infill residential development is directed to this district, so that the environment and natural resources of nearby rural areas are protected and preserved. These districts may have public water and/or sewer service; however, these services should not be the basis for new development inconsistent with the established scale or character of the Village.

10.2

Bulk requirements and median lot size.

Bulk requirements. Table II-10 establishes density, lot dimension, setback and lot coverage requirements for the village districts.

Table II-10. Village District Bulk Requirements
Type of Requirement				VM		VH		VR
				Without Public Sewer	With Public Sewer	Without Public Sewer	With Public Sewer	With or Without Public Sewer
1.	Maximum Density
Basic Density				1 dwelling per acre	1 dwelling per acre	1 dwelling per acre	1 dwelling per acre	1 dwelling per acre
2.	Minimum Lot Dimensions
	a.	Lot size		1 acre	30,000 square feet	1 acre	30,000 square feet	1 acre
	b.	Lot width		100 feet		100 feet		100 feet
3.	Minimum Setbacks			See supplemental setback requirements in § 190-12.2.
	a.	Front		25 feet		25 feet		25 feet
	b.	Side
		i.	From VM, VH and VR Districts	10 feet		10 feet		20 feet
		ii.	From all other zoning districts	25 feet		25 feet		25 feet
	c.	Rear		25 feet		25 feet		25 feet
4.	Maximum site coverage for all buildings and uses, not including parking areas and access drives:
	a.	Outside Critical Area		25%		25%		25%
	b.	Within Critical Area		Use Critical Area lot coverage limits. (See § 190-15.6C.)
5.	Height			See § 190-12.1.

Median lot size.

New subdivisions using public sewer service shall maintain a median lot size of one acre or less, not including the remaining land.

Median lot size may be increased through a waiver petition if approved by the approving authority for the subdivision. The approving authority must find that a larger average lot size will result in a better site design or is necessary due to the site's physical constraints.

10.3

Use standards.

Commercial/industrial uses are to be limited in size. Individual commercial/industrial establishments or businesses that are permitted by right (Article IV, Table IV-1) are limited to:

Five thousand square feet of gross floor area, with 1,000 square feet of outdoor display area, in the VM District; and

Two thousand square feet of gross floor area, with no outdoor display area, in the VR and VH Districts.

Larger commercial/industrial uses shall be permitted by special exception.

10.4

Design standards.

Application of standards.

The design standards below are to be applied in a manner that achieves the purposes of the district. The Planning Commission or Planning Director, as applicable, shall apply these standards in review of development applications.

Expansion or alteration of existing buildings or site improvements shall comply with the standards of this § 190-10.4 to the extent feasible for the portion of the building or site impacted by the new improvements.

The Planning Director may request a recommendation from the Planning Commission on these standards for any application.

Master plans for Village Planning Areas.

Village Planning Areas consist of Village Mixed and Village Hamlet Zoning Districts as defined in § 190-10. Village master plans guide the evaluation of development proposals in Village Planning Areas by describing the village's character, and the compatibility and suitability of existing and proposed land uses, infrastructure, facilities and services associated with development and redevelopment.

Village Master Plans include policies and elements addressing the following: (i) village character; (ii) land use; and, (iii) infrastructure, facilities, and services. small-scale subdivisions, major subdivisions, and major site plans in Village Planning Areas shall be consistent with the policies and elements of the village's Village Master Plan.

The Planning Commission shall be responsible for reviewing consistency with Village Master Plans. This review shall consider the following:

Proposed design and layout of development, including features such as the siting and scale of buildings and the placement and design of landscaping, parking, pedestrian pathways, lighting, signs, and other features; and

Compatibility with existing character in terms of land use, density, scale, setbacks, site layout, mix of use, and general design to maintain their unique "sense of place".

If no Village Master Plan has been adopted for a village, the applicant for a small-scale subdivision, major subdivision, or major site plan in a Village Planning Area shall submit with the application a comprehensive study addressing compatibility and suitability of the proposed development with existing and proposed land uses, infrastructure, facilities, and services associated with the new development or redevelopment, along with consideration of the elements of Subsection B.3 a. and b. above, which the Planning Commission shall review in lieu of consistency with the Village Master Plan.

Site design and architectural standards. The approving authority shall be guided by the following site design requirements and guidelines.

Landscaping.

Mature trees shall be protected during development, especially along roadways.

New and replacement trees along roadways should be chosen to diversify the tree species and prevent loss due to disease.

For new nonresidential development, street trees shall be provided and the front yard areas between the building facade and the street shall be landscaped using a variety of native plantings. This area may be used for seating, canopies or awnings and other amenities.

Parking.

Off-street parking for nonresidential development shall, wherever possible, be located to the rear or side of the building.

When off-street parking is provided to the front or side of nonresidential buildings, the parking area shall be separated from the street by a landscaped edge incorporating trees as well as a hedge, fence, wall or shrubs at least two feet in height.

When possible, residential garages and parking should be located to the side or rear of the lot.

Fences, display and storage areas.

Walls and fences shall be uniform and compatible with the architectural style and building material of the building.

If needed, off-street loading areas shall be provided to the rear of new, nonresidential structures.

Outdoor sales or display areas shall be screened from adjacent residentially zoned land by a solid fence or landscape screen and shall not be located within a setback area or a required landscaped area.

Commercial outdoor storage areas, exposed machinery, and outdoor areas used for storage and collection of trash shall be located in a side or rear yard, shall not be located within a setback area or required landscaped area, and shall be visually screened from roads and public areas. This does not include the personal property or equipment of watermen, farmers, or other residents who are not regulated as cottage industries.

Storage yard requirements for cottage industries are specified in § 190-33.5.

Sidewalks and pathways.

Sidewalks and pedestrian paths or easements for future improvements shall be provided where specified in the Village Master Plan.

Pedestrian access connecting buildings and parking areas for nonresidential uses, or dedicated easements for future improvements, shall be provided as feasible based on site characteristics, lot coverage limitations, and stormwater management goals.

Sidewalks should be separated from the roadway by a planting strip at least four feet wide where feasible based on right-of-way width.

Lighting.

Streetlights and other freestanding lights:

Shall have a maximum height of 20 feet to the top of the pole and light fixture combined.

ii.

Shall meet the "full cut-off" or "fully shielded" criteria of the Illuminating Engineering Society of North America.

All lighting fixtures shall be directed and shielded so that the illumination is directed downward and shielded so that it does not produce glare.

Signs. In addition to the sign standards of § 190-42, the following standards apply within the village zones.

Sign size, materials, color, lettering, placement, and illumination shall respect the character of existing buildings and be designed as an integral architectural element.

Signs located above or projecting from the roofline or parapet wall are not permitted.

The maximum height of freestanding signs shall be eight feet.

Pole-mounted commercial signs are not permitted.

A nonresidential use may have one double-sided monument sign per street frontage, not to exceed 60 square feet per side.

Architectural standards. The following standards apply to new buildings for commercial or institutional use.

Buildings shall be designed with architectural details that provide visual interest and contribute to a pedestrian orientation on facades facing a street.

Buildings shall have a principal facade with windows and an entry (with operable doors) facing a street. Buildings may have more than one principal facade and/or entry.

All sides of a proposed building visible from a roadway or public area shall be of finished quality and consistent in material and style with the front facade.

Canopies or awnings may extend into the front setback area a maximum of two feet and shall have a clearance height of at least eight feet.

Generally, sloped roofs are consistent with traditional architecture of the villages. (See Figure II-1.) To the greatest extent possible, a sloped roof representative of the traditional architectural forms in the area shall be used for a new primary structure.

Flat roofs may be allowed on multistory, nonresidential buildings as long as the roofline projects outward from the building surface as a cornice or parapet.

Figure II-1. Sloped Roof Styles

§ 190-11 Commercial and Industrial Districts.

11.1

Limited Commercial (LC).

Purpose. This district shall be characterized by low-intensity commercial uses. The LC District provides opportunity for commercial and office development serving local clients. The overall intensity and prevailing character of each particular area within the LC District, as identified by current densities and land uses, shall be maintained. Development in this district shall:

Maintain and, if possible, improve the quality of runoff and groundwater entering the Chesapeake Bay or its tributary streams;

Accommodate additional development, provided that water quality is not impaired;

Conserve and enhance fish, wildlife, and plant habitats to the extent possible;

Encourage retrofitting to address existing stormwater management problems; and

Avoid the creation of nuisances due to odor, dust, fumes, heat, fire, glare, vibrations, noise, other hazardous conditions, or air or water pollution.

11.2

General Commercial (GC).

Purpose. This district shall be characterized by moderate-intensity commercial uses. The GC District provides opportunity for a broad range of commercial activities, including retail, wholesale, storage, and contracting activities. Development in this district shall:

Maintain and, if possible, improve the quality of runoff and groundwater entering the Chesapeake Bay or its tributary streams;

Accommodate additional development, provided that water quality is not impaired;

Conserve and enhance fish, wildlife, and plant habitats to the extent possible;

Encourage retrofitting to address existing stormwater management problems; and

Avoid the creation of nuisances due to odor, dust, fumes, heat, fire, glare, vibrations, noise, other hazardous conditions, or air or water pollution.

11.3

Limited Industrial (LI).

Purpose. This district shall be characterized by low-intensity manufacturing uses. The LI District provides opportunity for light industrial/office-research uses that provide employment and services to local residents and businesses.

Development in this district shall:

Maintain and, if possible, improve the quality of runoff and groundwater entering the Chesapeake Bay or its tributary streams;

Accommodate additional development, provided that water quality is not impaired;

Conserve and enhance fish, wildlife, and plant habitats to the extent possible;

Encourage retrofitting to address existing stormwater management problems; and

Avoid the creation of nuisances due to odor, dust, fumes, heat, fire, glare, vibrations, noise, other hazardous conditions, or air or water pollution.

11.4

Commercial and industrial district bulk requirements.

Table II-11. Commercial and Industrial District Bulk Requirements
Type of Requirement				LC	GC	LI
1.	Minimum Lot Size			20,000 square feet	20,000 square feet	1 acre
2.	Minimum Setbacks			See supplemental setback requirements in § 190-12.2.
	a.	Front		50 feet	50 feet	25 feet
	b.	Side
		i.	From LC, GC and LI Districts	10 feet	10 feet	10 feet
		ii.	From all other zoning districts	25 feet	25 feet	25 feet
	c.	Rear
		i.	From LC, GC and LI Districts	10 feet	10 feet	10 feet
		ii.	From all other zoning districts	25 feet	25 feet	25 feet
3.	Maximum site coverage for all buildings and uses, not including parking areas and access drives:
	a.	Outside Critical Area		25%	25%	50%
	b.	Within Critical Area		Use Critical Area lot coverage limits
4.	Height			See § 190-12.1.

§ 190-12 Supplemental bulk requirements.

12.1

Structure height limitations. Structures shall comply with the following height limits.

Table II-12. Structure Height
Table II-12. Structure Height
Type of Structure	Maximum Height (feet)	Additional Requirements
Dwellings and agricultural structures; includes ornamental towers and other design features	40
Primary commercial, industrial or institutional structures	40, except 35 in the Gateway Overlay District
Chimneys, church belfries or spires, conveyers, and private radio and television antennas	75	Minimum base zoning setback plus 1 additional foot in setback for each foot in height over 40 feet.
Fire towers, silos, hospitals and public monuments	100	Minimum base zoning setback plus 1 additional foot in setback for each foot in height over 40 feet.
Grain elevators	200	Minimum base zoning setback plus 1 additional foot in setback for each foot in height over 40 feet. Minimum setbacks for new grain elevators on parcels with an existing grain processing, drying and storage use shall be 100 feet.
Grain processing, drying and storage structures (wholesale and commercial)	100	Minimum base zoning setback plus 1 additional foot in setback for each foot in height over 40 feet except for new or expanded structures in the VM or VH Districts, where the minimum setback for such structures shall be in accordance with § 190-26.13.C
Antenna towers for essential communications; for radio and television broadcasting facilities and other nonessential communication; and for wireless communication (See Article IV.)	200	Minimum required setback is 10 feet greater than the height of the tower, except that, for concealed towers the minimum setback shall be base zoning setback plus 1 additional foot in setback for each foot in structure height over 40 feet. The height of a concealed tower shall not be greater than the distance from the base of the tower to the primary structure on an adjacent property.
Residential accessory buildings on lots of 2 acres or less	25	Observation towers, spires and other ornamental or design features that are higher than the primary roof of an accessory building and do not cover more than 25% of the roof area may exceed the 25-foot height limit by no more than 5 feet.
Residential accessory buildings on lots larger than 2 acres.	30	Observation towers, spires and other ornamental or design features that are higher than the primary roof of an accessory building and do not cover more than 25% of the roof area may exceed the 30-foot height limit by no more than 5 feet.
Wind turbine towers (See Article IV)	160	Minimum required setback shall be 10 feet greater than the total height of the tower.

12.2

Supplemental setbacks. The following setback requirements apply in addition to the setbacks established for each zoning district in Articles II and III.

Front setback reduction for infill lots. In the AC, CP, WRC, TC, RC, RR, TR, VR, VH and VM Districts, the front setback for a new primary residential structure on an infill lot may be reduced to:

The smaller of the front setbacks of the two closest primary buildings on the same side of the street, but no less than 15 feet; or

A different setback, no less than 15 feet, proposed by the applicant and approved by the Planning Director, that more closely reinforces the established pattern of front setbacks along the street.

Major highways.

Setbacks from arterial highways (Routes 33, 50, 322, 328, 331, 333, and 404) shall be 150 feet in the AC, CP, WRC, TC, RC and RR Districts, and 50 feet in all other districts.

Setbacks from all other state highways shall be 100 feet in the AC, CP, WRC, TC, RC and RR Districts, and 50 feet in all other districts.

The above setbacks shall not apply within the Gateway Overlay District.

The front setback reduction for infill lots established in Subsection A above may be applied to reduce these setbacks from highways.

Corner lots.

On corner lots created on or before June 22, 1991, the setback from the secondary street, as determined by the Planning Director, shall be 1/2 of the front setback, provided that the setback is sufficient to provide clear vision as required below. Corner lots created after June 22, 1991, shall comply with the required front setback for both street frontages.

Clear-vision area on corner lots.

A clear-vision area shall be maintained on the corners of all property at the intersection of two streets.

A clear-vision area shall consist of a triangular area as shown in Figure II-2 and described below:

Two sides of the triangular area are lot lines measured a distance of at least 25 feet from the intersection of the street right-of-way lines (or, if the right-of-way has rounded corners, the lines extended in a straight line to a point of intersection and so measured);

ii.

The third side of the triangular area is a line across the corner of the lot joining the nonintersecting ends of the two right-of-way lines.

A clear-vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding 2 1/2 feet in height, measured from the established street center-line grade, except that trees exceeding this height may be located in this area, provided that all branches and foliage are removed to a height of eight feet above grade.

Figure II-2. Illustration of Clear Vision Area at Intersection

Through lots. For a through lot which lies between two streets, a front setback shall be required from both streets.

Setback measured from right-of-way. If a lot includes all or part of the right-of-way of a street or road, the setback shall be measured from the nearest edge of the road right-of-way or road easement.

Nonconformities. For structures nonconforming to required setbacks, see nonconforming structure provisions of § 190-50.

Other setback requirements. See § 190-15.11 for the Shoreline Development Buffer requirements in the Critical Area.

12.3

Bulk requirements for accessory structures.

Setbacks and separation.

In all zoning districts, the minimum required side and rear setbacks may be reduced by half for accessory residential storage structures with 300 square feet of gross floor area or less and height of 20 feet or less.

Accessory buildings shall be located a minimum distance of 10 feet from any other building, not including decks and walkways with a height of no more than 12 inches above grade and having no railings or roof.

Fences and walls.

Categories. Fences shall be classified in the following categories:

Open fences are fences that do not restrict visibility. Open fences include wire, post and rail, paddock, picket, and other fences in which more than 50% of the fence area is left open.

Closed fences include board on board, privacy or stockade fences, or fences in which 50% or less of the fence area is open. A chain-link fence, with or without slats, shall be considered a closed fence. Walls that serve the same purpose as a closed fence are considered closed fences.

For determining whether a fence is open or closed, the fence area is defined as the surface area from the bottom to the top of the fence section, including stringers supporting the section but not the post area above or below the fence section.

The height of a fence shall be measured to the top of the stringers or horizontal members. Fence posts may exceed the allowed height by a maximum of six inches.

Fences and walls shall comply with structure setback requirements, except as provided in Table II-13. The setback exemptions in Table II-13:

Do not allow construction of fences within the Shoreline Development Buffer.

Do not apply to fences surrounding a tennis court or other game court. Game courts and associated fences must comply with setbacks.

Table II-13. Exemptions from Setbacks for Certain Fences
Fence Type/Height		Land Use	Required Setbacks
1.	Open fences 4 feet or less in height	All locations	Exempt from setback requirements
2.	Open fences more than 4 feet and no more than 6 feet in height; or closed fences 6 feet or less in height	Accessory to residential uses	a. b.	Exempt from side and rear setback requirements Any part of the fence within 30 feet of an adjacent dwelling must comply with required setbacks if the primary entrance of the adjacent dwelling is on the side of the dwelling facing the fence. The 30-foot distance shall be measured along a line perpendicular to the side of the dwelling with the primary entrance. The owner of the adjacent dwelling may waive this limitation in writing.
			a. b.
3.	Open or closed fences more than 4 feet and no more than 10 feet in height	Accessory to commercial, industrial or agricultural use	a. b.	Exempt from setback requirements However, if the property adjacent to the fence is zoned RR, TR, VM, VH, or VR, the portion of the fence adjacent to the listed district shall conform to required setbacks. The owner of the adjacent property(s) may waive this limitation in writing.
			a. b.
4.	Driveway entry features, limited to gates no more than 6 feet in height and supporting posts no more than 7 feet in height	Accessory to principal use	Exempt from setback requirements