Charles County, MD Article VI Base Zone Regulations

§ 297-87 AC Agricultural Conservation Zone.

A. Objectives. The Agricultural Conservation Zone provides a full range of agricultural and farming activities, protects these established uses from encroaching development which might adversely affect the agricultural economy of the County and encourages the right to farm in the County without undue burden on the landowner. The zone is to prevent premature urbanization in areas where public utilities, roads and other public facilities are planned to meet exclusively rural needs and where present public programs do not propose public facility improvements suitable for development at higher densities. This zone provides for certain agriculture-related commercial and industrial uses with special conditions. Such uses are to accommodate flexibility in the use of lands by those persons or organizations that pursue agriculture activities and/or earn their income from agriculture when these uses are not in conflict with the protection of farmland and support protection of the farm economy. The zone protects existing natural resources and scenic values and provides limitations on residential development and encroachment in these areas dominated by agricultural uses. In addition, the zone assists in the implementation of the County's Transferable Development Rights (TDR) Program by providing an appropriate zone to be designated as a sending area.

B. General regulations. Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard and maximum building height, as displayed in Figure VI-1,[1] shall apply subject to other requirements of this chapter.

[1] Editor's Note: Figure VI-1 is included as an attachment to this chapter.

C. Special regulations. The following provisions for the protection of agricultural uses will apply:

(1) Any agricultural use of land is permitted.

(2) Operation, at any time, of machinery used in farm production or the primary processing of agricultural products is permitted.

(3) Customary agricultural activities and operations in accordance with good husbandry practices, which do not cause bodily injury or directly endanger human health, are permitted and preferred activities, including activities which may produce normal agriculturally related noise and odors.

(4) The sale of farm products produced on the farm where the sales are made is permitted.

(5) Hours of operation of farm equipment, restricting odor-producing fertilizers or mandatory noise reductions may not be imposed on a farmer in the AC Zone.

(6) The Planning Commission may, upon findings of fact, require the establishment of buffer areas where necessary to protect this abutting agricultural zone from the impact of the subdivisions hereafter approved.

D. Permitted uses. The permitted uses within the AC Zone shall be in conformance with the uses permitted in the Table of Permissible Uses.[2]

[2] Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.

§ 297-88 Rural zones.

A. Objectives. The Rural Conservation (RC) and Rural Residential (RR) Zones are intended to maintain rural character in many County areas consistent with the Comprehensive Plan objectives.

(1) RC Rural Conservation Zone. This zone maintains low-density residential development, preserves the rural environment and natural features and established character of the area. It also maintains existing agricultural and aquacultural activities and the land base necessary to support these activities.

(2) RR Rural Residential Zone. This zone provides for low to moderate residential densities in areas closer to portions of the development district and incorporated towns. These areas contain or are within the sphere of influences of community facilities and services, including schools, and are in proximity to major transportation network components.[1]

[1] Editor’s Note: Former Subsection A(3), RC(D) Rural Conservation Deferred Development District, added 12-11-2000 by Ord. No. 00-93, as amended, was repealed 6-6-2017 by Bill No. 2017-03.

B. General regulations. Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard and maximum building height, as displayed in Figure VI-2,[2] shall apply subject to other requirements of this chapter.

[2] Editor's Note: Figure VI-2 is included as an attachment to this chapter.

C. Specific regulations regarding the right to farm. The following provisions for the protection of agricultural uses will apply:

(1) Any agricultural use of land is permitted.

(2) Operation, at any time, of machinery used in farm production or the primary processing of agricultural products is permitted.

(3) Normal agricultural activities and operations in accordance with good husbandry practices, which do not cause bodily injury or directly endanger human health, are permitted and preferred activities, including activities which may produce normal agriculturally related noise and odors.

(4) The sale of farm products produced on the farm where the sales are made is permitted.

(5) The Planning Commission may, upon findings of fact, require the establishment of buffer zones where necessary to protect abutting agricultural or rural countryside conservation zone areas from the impact of the subdivisions hereafter approved.

D. Permitted uses.[3] The permitted uses within the rural zones shall be in conformance with the uses permitted in the Table of Permissible Uses.

[3] Editor’s Note: Former Subsection D, Specific regulations affecting neighborhood conservation areas in the RC(D) Zone, added 6-16-2003 by Bill No. 2003-03, was repealed 6-6-2017 by Bill No. 2017-03. Former Subsection E, Reduction in minimum lot size for certain properties within the RC(D) Rural Conservation Deferred Development District Zone, added 7-26-2006 by Bill No. 2006-09, as amended, was repealed 4-15-2009 by Bill No. 2009-03.

§ 297-89 Village zones.

A. Objectives. These zones, Village Residential (RV) and Village Commercial (CV), are located at existing centers of population or commerce in areas of the County outside the development district.

(1) RV Village Residential Zone. This zone directs new residential growth into villages by providing low- to medium-density residential development where the pattern of development has previously been established.

(2) CV Village Commercial Zone. This zone provides for appropriate locations for limited commercial and small-scale industrial activities to serve the rural areas of the County.

[Amended 10-2-2018 by Bill No. 2018-06]

B. General regulations. Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard and maximum building height, as displayed in Figure VI-3, shall apply subject to other requirements of this chapter.[1]

[1] Editor's Note: Figure VI-3 is included as an attachment to this chapter.

C. Permitted uses. The permitted uses within the village zones shall be in conformance with the uses permitted in the Table of Permissible Uses.

D. Site design and architectural review of site plans and buildings for all commercial and industrial construction in the CV Zone must be obtained. All new construction, renovation and expansion projects shall comply with all applicable sections of the site design and architectural commercial and industrial guidelines and standards. Projects that do not add more than 2,000 square feet of gross floor area or alter more than 25% of the building facade or site area are exempt. The guidelines and standards shall conform to appropriate planning principles and to the purposes stated for the CV Zone.

[Added 5-2-2005 by Ord. No. 05-08; amended 10-22-2008 by Bill No. 2008-13; 10-2-2018 by Bill No. 2018-06]

§ 297-90 Development district residential zones.

A. Objectives. These zones, Low-Density Residential (RL), Medium-Density Residential (RM), High-Density Residential (RH) and Residential Office (RO), concentrate residential development in areas identified as development districts in the Comprehensive Plan. Such areas are suitable for suburban intensities of development because public water and sewer, roads and other public facilities are available or planned at some future time. These zones assist in implementation of the County's Transferable Development Rights (TDR) Program by providing appropriate locations for receiving areas.

(1) RL Low-Density Residential Zone. This zone provides for low- to medium-density residential development in areas where public water and sewer, roads and other public facilities are not currently available, adequate or planned for the immediate future, but might be provided through design and construction of sewer waste treatment facilities or roads or through extension of public water or sewer utilities or roads at some future time. These areas include portions of the development districts where settlement patterns are generally established but sewer and water systems and roads may not be in place to service new development.

(2) RM Medium-Density Residential Zone. This zone provides for medium- to high-density residential development in those areas of the development district and town centers where public water and sewer and other public facilities are available and can support higher development densities.

(3) RH High-Density Residential Zone. This zone provides high-density residential development within and adjacent to the urban core of the development district.

(4) RO Residential/Office Zone. This zone accommodates a mixture of office and residential uses in a manner that assures that low-intensity commercial uses are compatible with adjacent dwellings. This zone may serve as a transition between higher-intensity commercial uses and residential uses.

B. General regulations. Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard and maximum building height, as displayed in Figure VI-4, shall apply subject to other requirements of this chapter.[1]

[1] Editor's Note: Figure VI-4 is included as an attachment to this chapter.

C. Permitted uses. The permitted uses within the development district residential zones shall be in conformance with the uses permitted in the Table of Permissible Uses.[2]

[2] Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.

§ 297-91 Commercial zones.

A. Objectives. These zones, Neighborhood Commercial (CN), Community Commercial (CC), Central Business (CB) and Business Park (BP), provide distinctive standards for the range of commercial uses from neighborhood business to highway-oriented commercial uses. They direct commercial activities into commercial clusters to discourage "strip" development.

(1) CN Neighborhood Commercial Zone. This zone provides limited retail and commercial services which satisfy those basic daily consumer needs of residential neighborhoods. Standards are established to minimize impact on residential zones by providing for similar building massing and low concentration of vehicular traffic.

(2) CC Community Commercial Zone. This zone provides a wide range of commercial uses and establishments to serve several neighborhoods in appropriate locations along major roads while discouraging strip development.

(3) CB Central Business Zone. This zone provides appropriate locations for high-intensity commercial uses and encourages development consistent with a traditional downtown area. This zone is located in town centers and the urban core as designated in the Comprehensive Plan.

(4) BP Business Park Zone. This zone concentrates business and light industrial uses along with other supporting uses in a parklike setting to promote economic development and job creation while protecting the environment and reducing impacts on the surrounding residential neighborhoods. This zone is located where a large area of land permits horizontal expansion sufficient to accommodate various types of buildings, including flex space, to provide for a mis of uses and to provide on-site storage, parking and landscaped areas. These locations can be served by a complete array of community facilities, and supporting amenities, and provide for the regional transportation network.

[Amended 6-16-2020 by Bill No. 2020-04; 9-28-2021 by Bill No. 2021-08]

B. General regulations.

(1) Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard and maximum building height, as displayed in Figure VI-5, shall apply subject to other requirements of this chapter.[1]

[1] Editor's Note: Figure VI-5 is included as an attachment to this chapter.

(2) Minimum lot sizes may be reduced to 10,000 square feet when the lot is created as part of a subdivision with an internal circulation network where the lot does not access directly on a collector or arterial street. However, the lot may access directly on a service road.

(3) The minimum side yard building restriction line as contained in CC and CB Zones may be eliminated in the case where adjacent fee-simple lots share a building wall on common property lines. Reduction in the building restriction lines under this subsection must comply with the following conditions:

[Added 10-31-1995 by Ord. No. 95-95]

(a) The off-street parking requirements of § 297-335, number of parking spaces required, must be met for the individual use for each fee-simple lot.

(b) A maximum of one freestanding sign structure shall be permitted for the collective buildings.

(c) Legally binding documents are required to identify that all subdivided parcels are provided with unrestricted ingress and egress.

C. Permitted uses. The permitted uses within the commercial zones shall be in conformance with the uses permitted in the Table of Permissible Uses.[2]

[2] Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.

D. Uses permitted in the BP Zone. In addition to those accessory uses allowed under § 297-29C and uses allowed by Figure IV-1, the following uses shall be allowed in the Business Park (BP) Zone when intended to primarily serve the employees of the business park subject to the restrictions set forth herein.

[Added 10-23-2001 by Ord. No. 01-87; amended 6-16-2020 by Bill No. 2020-04]

(1) Permitted uses with conditions (PC) are:

(a) Day-care center, day nursery (between nine and 30 care recipients), Use 3.04.220;

(b) Indoor recreation, Use 4.02.110;

(c) Privately owned outdoor recreational facilities, Use 4.02.210;

(d) Personal services, Use 5.01.112;

(e) Dry cleaning, Use 5.01.113;

(f) Business services, Use 5.01.115;

(g) Nursery schools and day-care centers with more than 30 children, Use 5.02.500;

(h) Shoppers merchandise stores, Use 6.01.111;

(i) Specialty shops, Use 6.01.112;

(j) Convenience stores, Use 6.01.140;

(k) Restaurant, fast food carry-out and delivery, Use 6.02.200;

(l) Restaurant, fast-food drive-in, and drive-through and mobile food service facilities, part of a business park or shopping center with no direct access to a public road, Use 6.02.320;

(m) Motor vehicle fuel sales associated with commercial uses greater than 3,500 square feet or which provide more than 12 fueling positions, Use 6.03.321;

(n) Motor vehicle fuel sales not associated with commercial uses greater than 3,500 square feet or providing more than 12 fueling positions, Use 6.03.322; and

(o) Car wash, Use 6.03.330.

(2) The aggregate building floor area containing uses set forth in § 297-91D(1) shall not exceed 25% of the total building floor area of the business park tract, or subdivision, whichever is greater. Notwithstanding the foregoing, uses permitted with conditions by § 297-91D(1) are not subject to the twenty-five percent limitation set forth above, when such uses are located within flex space.

[Amended 9-28-2021 by Bill No. 2021-08]

E. Site design and architectural review ("SDAR") of site plans and buildings for all commercial construction in the CN, CC, CB and BP Zones must be obtained. All new construction, renovation and expansion projects shall comply with all applicable sections of the site design and architectural commercial and industrial guidelines and standards. Projects that do not add more than 2,000 square feet of gross floor area or alter more than 25% of the building facade or site area are exempt. The guidelines and standards shall conform to appropriate planning principles and to the purposes stated for the specific zone. In the BP Zone, ingress and egress to individual uses in a business park shall be via an internal road network of the business park.

[Added 5-2-2005 by Bill No. 2005-08; amended 10-22-2008 by Bill No. 2008-13; 6-16-2020 by Bill No. 2020-04]

(1) Alternative design and development code. In the BP Zone and in order to encourage and promote economic vitality, enhance the community's appearance, and foster flexibility and innovation of design, as an alternative to using the county's Schedule of Zone Regulations and applying the strict application of the Zoning Ordinance for the particular project, an applicant may submit an alternative design and development code. The alternative design and development code may be submitted with any preliminary plan or site plan. The alternative design and development code shall govern the location and design of signage, landscaping and parking within the business park.

[Added 9-28-2021 by Bill No. 2021-08]

(a) The standards set forth in the alternative design and development code may not strictly conform to and may vary from the standards set forth in the Zoning Ordinance. Where the standards set forth in the alternative design and development code vary from the standards in the Zoning Ordinance, the alternative design and development code shall apply. Where the alternative design and development code is silent, the Zoning Ordinance shall apply.

(b) The alternative design and development code shall include the following:

[1] The overall planned development design concept;

[2] Standards for street, block and lot layouts;

[3] Streetscape design standards;

[4] Building and lot design and development standards;

[5] A master landscape plan and landscape standards, to include landscaping of parking areas;

[6] Architectural design standards;

[7] Minimum yard and setback requirements;

[8] A master sign plan governing the location, number, height, illumination, size and design of signage; and

[9] A master parking plan.

(c) The Planning Commission is authorized to review and approve the alternative design and development code. Once approved, the Planning Director is authorized to approve minor amendments to the alternative design and development code. Major amendments to the alternative design and development code would need to be authorized by the Planning Commission.

F. Ancillary equipment, facilities, and utilities necessary to support a general aviation airport.

[Added 10-22-2008 by Bill No. 2008-12]

§ 297-92 Industrial zones.

A. Objectives. These zones, General Industrial (IG) and Heavy Industrial (IH), strengthen the economic environment of the County by recognizing existing industrial uses and promoting industrial development in order to broaden the County's tax base and create new jobs.

(1) IG General Industrial Zone. This zone provides appropriate locations for industrial uses of a moderate scale and intensity.

(2) IH Heavy Industrial Zone. This zone provides appropriate locations for larger scale or intensive processing which may generate substantially more impact on surrounding properties than intended in the General Industrial Zone.

B. General regulations.

(1) Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard and maximum building height, as displayed in Figure VI-6, shall apply subject to other requirements of this chapter.[1]

[1] Editor's Note: Figure VI-6 is included as an attachment to this chapter.

(2) Minimum lot sizes may be reduced to 10,000 square feet when the lot is created as part of a subdivision with an internal circulation network where the lot does not access directly on a collector or arterial street. However, the lot may access directly on a service road.

C. Special regulations. The following heavy industrial uses and others of a similar nature are expressly prohibited.

(1) Arsenals.

(2) Blast furnaces.

(3) Boiler works.

(4) Distillation of bones.

(5) Landfills.

[Amended 10-5-2021 by Bill No. 2021-04]

(6) Fat rendering.

(7) Forge plants.

(8) Grease, lard or tallow manufacturing or processing.

(9) Incinerators or reduction of dead animals, garbage or offal, except when operated or licensed by a duly authorized public agency.

(10) Manufacture of any of the following:

(a) Acetylene.

(b) Ammonia.

(c) Celluloid or pyroxylin (or treatment thereof).

(d) Disinfectants.

(e) Emery cloth and/or sandpaper.

(f) Explosives, fireworks or gunpowder.

(g) Fertilizers.

(h) Gas for illumination or heating.

(i) Glue, size or gelatin.

(j) Insecticides.

(k) Lampblack.

(l) Leather goods.

(m) Linoleum.

(n) Matches.

(o) Mortar, lime, plaster, gypsum.

(p) Oil cloth and/or oiled products.

(q) Paint, oil, shellac, turpentine or varnish employing a boiling or rendering process.

(r) Potash.

(s) Rubber or products made therefrom.

(t) Soap.

(u) Shoeblacking or polish.

(v) Soda or soda compound.

(w) Acids or other corrosive or offensive substances.

(x) Tar or tar roofing or waterproofing or other tar products or distillation thereof.

(y) Yeast, except as part of medical and biotechnical research and development.

(z) Ore reduction.

(aa) Packing houses, including meat canning or curing houses.

(bb) Petroleum refining or storage in more than tank car lots.

(cc) Rolling mills.

(dd) Smelting.

(ee) Tanning, curing or dyeing of leather, rawhides or skins or storage of skins.

(ff) Wool pulling or scouring.

D. Permitted uses. The permitted uses within the industrial zones shall be in conformance with the uses permitted in the Table of Permissible Uses.[2]

[2] Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.

E. Site design and architectural review of site plans and buildings for all commercial construction in the IG and IH Zones must be obtained. All new construction, renovation and expansion projects shall comply with all applicable sections of the site design and architectural commercial and industrial guidelines and standards. Projects that do not add more than 2,000 square feet of gross floor area or alter more than 25% of the building facade or site area are exempt. The guidelines and standards shall conform to appropriate planning principles and to the purposes stated for the specific zone.

[Added 5-2-2005 by Bill No. 2005-08; amended 10-22-2008 by Bill No. 2008-13]

§ 297-93 Planned Unit Development (PUD) Zone.

A. Purposes. The purpose of this zone is to recognize the existing Planned Unit Development (PUD) Zone known as St. Charles. This zone shall apply to the area within the PUD on the effective date of this chapter, and at the discretion of the County Commissioner, to the following specific parcels described in the following deeds: 30.45-acre parcel at Liber 257, Folio 382; 90.085-acre parcel at Liber 265, Folio 116; 6.311-acre at Liber 1586, Folio 603, and to any additional land which is contiguous to the PUD, now or hereafter, included within the St. Charles PUD, upon approval by the County Commissioners of Charles County, Maryland, as an amendment to Docket 90. Activity within the zone is based on Docket 90, as amended.

[Amended 5-19-2009 by Bill No. 2008-25]

B. Requirements. The PUD Zone shall meet the following requirements:

(1) It shall be designed and planned as an economically self-sufficient community and to this end shall have not less than 10% nor more than 25% of its total area developed as commercial and industrial use.

(2) It shall be designed and planned as an independent area for community services and to this end shall have County-approved public water and sewer systems and not less than 18% of its total area reserved for recreation, open space and community facilities.

(3) It shall be designed and planned to be consistent with the purpose of this chapter in order to protect and promote the health, safety and welfare of present and future inhabitants of Charles County.

C. Permits. Following the approval of the Master Plan for the entire zone, preliminary plans, improvement plans and final record plats shall be prepared in accordance with the County Subdivision Regulations[1] and shall be approved by the Planning Commission for each stage of development. Unless otherwise provided in this chapter or other applicable laws, zoning permits and certificates of occupancy may be issued even though the use of land, the location and height of buildings to be erected in the area, minimum lot sizes, yards and open space contemplated by the plans do not conform in all respects to specific uses as set forth in other zones. Nothing herein shall render inapplicable any regulations of the County relating to construction requirements and/or subdivision approval to the extent that any of the same are not inconsistent with the provisions of this section.

[Amended 5-2-2000 by Ord. No. 00-37]

[1] Editor's Note: See Ch. 278, Subdivision Regulations.

§ 297-94 Waterfront Planned Community (WPC) Zone.

A. The purpose of this zone is to recognize the existing Waterfront Planned Community (WPC) known as Swan Point. This zone shall apply only to the area within the WPC on the effective date of this chapter, except for the following specific parcels described as a 185.29-acre parcel and a 15.59-acre parcel in a deed recorded at Liber 1503, Folio 295. These parcels may be included upon approval by the County Commissioners as an amendment to Docket 250. No additional sites shall be considered for WPCs after the adoption of this chapter. Activity within the zone is based on Docket 250, as amended.

B. Uses permitted. The WPC provides suitable sites for varied residential developments such as single-family attached and detached dwellings, townhouses, marinas, recreation or any other uses considered appropriate to a waterfront planned community development.

C. Requirements. The WPC Development shall be served by an approved public water and sewer facility, and not less than 40% of its total area shall be devoted to recreational development, open space and community facilities. The total number of dwelling units permitted for the entire WPC Zone will be set by the Planning Commission and approved by the County Commissioners, but under no circumstances shall the total number of dwelling units exceed three units per acre.

D. Permits. Following the approval of the General Development Plan for the entire zone, preliminary plans, improvement plans, the final record plats shall be prepared in accordance with the County Subdivision Regulations[1] for approval by the Planning Commission for each stage of development. Unless otherwise provided in this chapter or other applicable laws, zoning permits and certificates of occupancy may be issued even though the use of land, the location and height of buildings to be erected in the area, minimum lot sizes, yards and open space contemplated by the plans do not conform in all respects to specific uses as set forth in other zones. Nothing herein shall render inapplicable any regulations of the County relating to construction requirements and/or subdivision approval to the extent that any of the same are not inconsistent with the provisions of this section.

[Amended 5-2-2000 by Ord. No. 00-37]

[1] Editor's Note: See Ch. 278, Subdivision Regulations.

§ 297-95 Core Mixed-Use Zones.

[Added 7-25-2005 by Bill No. 2005-01; amended 4-13-2010 by Bill No. 2010-05]

A. Objectives. It is the objective of the Core Mixed-Use Zones to create mixed-use areas that are consistent with County plans and enhance existing communities by: promoting new development that is safe, comfortable, and attractive to pedestrians; encouraging infill and redevelopment where applicable; reinforcing streets as public places that encourage pedestrian and bicycle travel; providing roadway and pedestrian connections to residential areas; designing and scaling buildings that will be compatible with existing or planned development in the area; providing efficient land use by facilitating compact, moderate- to high-density development and minimizing the amount of land that is needed for surface parking; facilitating development (land use mix, density and design) that supports public transit and maintaining mobility along traffic corridors and state highways.

(1) Core Employment/Residential Zone (CER). This zone provides for development which will successfully integrate a mixture of complementary land uses that are primarily employment and residential but may also include retail, commercial services, and civic uses, to create economic and social vitality and encourage the linking of transportation and land use.

(2) Core Retail/Residential Zone (CRR). This zone provides for development which successfully integrates a mixture of complementary land uses that are primarily retail but may also include employment, small-scale industrial, residential, commercial services, and civic uses, to create economic and social vitality and encourage the linking of trips.

[Amended 10-2-2018 by Bill No. 2018-06]

(3) Core Mixed Residential Zone (CMR). This zone provides for high-density residential development adjacent to the core employment/residential and retail residential areas. It will incorporate a mix of housing types and uses, along with traditional neighborhood design principles.

B. General regulations. Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard, and maximum building height, as displayed in Figure VI-7, shall apply, subject to other requirements of this chapter.[1]

[1] Editor's Note: Figure VI-7 is included as an attachment to this chapter.

C. Specific regulations. The following regulations shall apply to the Core Mixed-Use Zones:

(1) A design code which conforms to the site design and architectural (SDA) guidelines shall be submitted with any preliminary plat or site plan as set forth in § 297-109

(2) Minimum density shall be two dwelling units per acre. Any increase over the permitted base residential density range shall be achieved through the use of transferable development rights (TDRs). For additional units, with the use of TDR, the density permitted may not exceed 15/DUs per acre in the Core/Employment Residential (CER) and Core Retail/Residential (CRR) Zones, and 10/DUs per acre in the Core Mixed Residential (CMR) Zone.

(3) In the Core Employment/Residential (CER) and Core Retail/Residential (CRR) Zones, any development which includes residential uses:

(a) Must be on properties of two acres or greater.

(b) If residential and nonresidential uses are in separate buildings, no more than 50% of the total acreage of the parcel may be devoted to residential uses.

(c) In residential mixed-use buildings, a maximum of 75% of the building area may be devoted to residential use.

(4) Notwithstanding Subsection C(3) above, in the Core Employment/Residential Zone (CER) properties which meet all of the following criteria are eligible for residential infill development of the entire parcel and shall not be required to contain a nonresidential use:

[Added 11-16-2022 by Bill No. 2022-12[2]

(a) Must be on undeveloped properties consisting of no less than two acres and no greater than nine acres; and

(b) Must have at least 50% of the nonstreet perimeter of the subject property (side and/or rear lot lines) developed with single-family dwellings or higher intensity residential uses.

[2] Editor's Note: This bill also redesignated former Subsection C(4) through (14) as Subsection C(5) through (15).

(5) Building frontages will be required to face streets wherever possible.

(6) Buildings will be sited to form a uniform front setback along all arterial, major collector, and minor collector roads. All commercial and mixed use buildings shall occupy a minimum of 70% of the lot width.

(7) The following requirements apply in addition to the requirements in the Schedule of Zone Regulations:

(a) Front building facades shall be located between the required minimum and maximum front setbacks.

(b) Porches, steps and covered entries shall not project more than eight feet from the building facade. They may extend into the minimum front setback area.

(c) Awnings and canopies may extend up to five feet into the minimum front setback area, they shall maintain a minimum clearance height of eight feet above the ground.

(d) Storefront display window may extend up to two feet into the minimum front setback area.

(e) For lots with street frontage of 100 feet or less, the building facade must occupy at least 75% of the street frontage.

(f) For lots with street frontage of 100 to 200 feet, the building facade must occupy at least 80% of the street frontage.

(g) For lots with street frontage of 200 feet or greater, the building facade shall occupy at least 85% of the street frontage.

(8) On-street parking is permitted on all streets in the core mixed-use zones where street width permits, except along MD 210 and MD 227.

(9) Parking spaces along all roads adjacent to the frontage of a lot and nearby off-site shared parking will be credited towards parking requirements for the use.

(10) Required off-street parking spaces will be located at the rear of buildings. Parking lots will be screened where visible from public streets. Security cameras must be provided in all parking lots. Interior lot parking is required for residential uses. Pedestrianways (e.g., ten-foot-wide walkways) from interior parking lots to streets should be provided. Parking lots will not be located adjacent to major intersections or occupy highly visible locations.

(11) Parking should be shared and interconnected where possible using the Bryans Road-Indian Head Sub-Area Plan or other local plans as a guide, where available.

(12) Access to rear parking should be permitted through a frontage road only if alternative access is not available.

(13) Uses in the core mixed-use zones that adjoin the Core Mixed Residential Zone (CMR) must demonstrate compatibility with existing or new development in those areas through means such as appropriately scaled buildings, facade treatment, placement of parking, increased setbacks (20 to 30 feet), fences and/or buffers.

(14) Subdivision plans and site plans shall provide open space in accordance with the Schedule of Zone Regulations. Required open space shall be designed to provide parks, greens, plazas and other public amenities; and provide for protection of sensitive environmental features, the open space requirement may be satisfied by providing open space on-site; or by creating a common open space lot for dedication to the County or a property owners association; or by providing common open space off-site within a Core Mixed-Use Zone or activity center zone; or by payment of a fee-in-lieu as provided below:

(a) For subdivision plans within the core mixed-use zones, dedication of open space may be used to meet the requirements for community open space given in Chapter 278, Subdivision Regulations, § 278-60 and 61.

(b) Fee in lieu of establishment of common space.

(c) The Planning Director may approve payment of a fee in lieu of the required open space based on findings that the purpose and intent of the core mixed use zone would be better met through contribution to funding for common open space rather than through establishment of the required open space on the particular site.

(d) The fee shall be as established in a fee schedule approved by the County Commissioners.

(e) The County shall use the fees to purchase land within a core mixed use zone or activity center zone for parks, greenways, pedestrian pathways or stormwater management.

(15) Streetscape requirements.

(a) Intent. Development shall contribute to creation of a walkable community through the following design standards:

[1] Provide a comprehensive, continuous system of sidewalks and paths to enhance connections and pedestrian safety.

[2] Orient buildings to the street and utilize every opportunity to create open, inviting storefronts, outdoor cafe seating, and interesting visual accents such as public art.

[3] Provide streetscape amenities and street furniture to encourage pedestrian activity.

[4] Enhance safety and visual appearance through the provision of street trees and plantings strips located between streets and sidewalks (whenever possible) to provide shade and buffer pedestrians from traffic.

(b) Installation/bonding of streetscape improvements.

[1] Streetscape elements (including but not limited to sidewalks, streetlights, street trees, street furniture, bicycle racks, landscaping and planters, decorative paving, sculpture/artwork, and bus shelters) shall be required for development approved through a site plan or subdivision plan. For expansion of existing uses, streetscape elements may be required by the Zoning Officer proportionate to the proposed expansion.

[2] All streetscape improvements shown on an approved subdivision plan or site plan shall be bonded.

[3] Proposed streetscape elements shall be indicated on plan submittals and shall include information on location, spacing, quantity, construction details, and method of illumination.

(c) Streetscape design consistency. The design of streetscape elements shall be consistent within a development project and throughout each zone. Streetscape elements shall be consistent with the County site design and architectural guidelines.

(d) Use of front setback area. For nonresidential or mixed use buildings, the front setback area between the street right-of-way and the building facade shall be used for sidewalks, landscaping, public seating areas or other pedestrian-oriented features that enhance and contribute to the streetscape.

(e) Constrained sites. Where existing conditions make the streetscape elements difficult to implement, development shall make every effort to meet these streetscape standards in full.

[1] If required streetscape elements cannot be provided within the street right-of-way due to right-of-way constraints, the elements shall be provided partially on the development site between the building facade and the right-of-way.

[2] If provision of all streetscape elements is not possible due to right-of-way constraints and the location of existing buildings or infrastructure, the priorities for streetscape improvements shall be:

[a] Sidewalks;

[b] Streetlights;

[c] Street trees (If sufficient room is not available for the survival of street trees, seasonal displays in aboveground planter boxes should be substituted.); and

[d] Landscape strips.

[3] The final determination of required streetscape elements on constrained sites shall be made by the Planning Director.

(f) Sidewalks.

[1] For development activity requiring a subdivision plan or site plan, sidewalks shall be installed along streets within or abutting the development site. Sidewalks may be placed along one or both sides of the street as deemed appropriate by the County.

[2] Sidewalks shall also be provided to connect building entrances and parking areas with the sidewalks along the streets.

[3] Sidewalks may be located partially within the street right-of-way and partially within the front setback area of the abutting property.

[4] Where sufficient right-of-way is available, sidewalks shall be separated from streets by a landscape strip to allow for street trees and to buffer pedestrians from street traffic.

(g) Street trees. Street trees shall be provided along all streets at the time of development.

[1] Spacing. At least one large shade tree shall be planted per 40 linear foot of frontage along all public streets and major private streets. Street trees may be spaced between 35 feet and 45 feet apart on center.

[2] Planting standards. Street trees shall be planted using either underground planters with minimum dimensions of six feet by eight feet and structural soil amendments; or the planting site shall be prepared with a minimum of 120 cubic feet of rootable soil with structural soil amendments.

(h) Streetlights. Pedestrian-scaled, County-approved streetlighting fixtures shall be installed on both sides of all streets at no more than sixty-foot intervals measured parallel to the street. The developer is responsible for the installation of streetlights only on the side of the street being developed.

(i) Other streetscape elements. All types of streetscape furniture (including but not limited to benches, bike racks, movable seating, game tables, trash receptacles, and public mailboxes) may be considered in public spaces and along streets with mixed-use, commercial or office development. Streets limited to residential uses should have more limited street furniture such as trash receptacles and benches.

(j) Curb bump-outs and bus turnouts may be incorporated into streetscape design to provide physical separations, to mitigate the visual impact of on-street parking areas and to serve as additional tree planting areas or locations for streetscape amenities.

D. Permitted uses. The permitted uses within the core mixed-use zones shall be in conformance with the uses permitted in the Table of Permissible Uses.

§ 297-96 Utility transmission lines.

[Added 11-5-2008 by Bill No. 2008-22[1]]

A. Purpose. The purpose of the Utility Transmission Lines Zone (UTL) is to recognize on the Zoning Maps of Charles County the existing and future use of land for overhead transmission lines which meet the criteria set forth in § 297-95B and which are owned in fee simple by the utility provider.

B. Overhead transmission lines within the UTL must be designed to carry a voltage in excess of 69,000 volts as set forth in § 7-207(d)(1) of the Public Utilities Article of the Annotated Code of Maryland.

C. Nothing contained herein shall prohibit the concurrent use of a UTL by an electric circuit designed to carry voltage of 69,000 volts or less.

[1] Editor's Note: This bill was adopted as § 297-95 but was renumbered to fit into the organizational structure of the Code.

§ 297-97 Activity center zones.

[Added 4-13-2010 by Bill No. 2010-02; amended 6-10-2014 by Bill No. 2014-03]

A. Objectives.

(1) The Activity Center Zones are established to promote and require forms of development that create cohesive communities through the integration of residential, retail, business, office and civic uses into a network of streets, pedestrian ways and open space. Activity center zones are intended to achieve the following objectives:

(a) Range of uses. Permit residential, office, retail, commercial service and institutional uses. Restrict highway-oriented commercial uses.

(b) Range of housing. Permit a range of housing types, including mixed-use buildings, attached, and multifamily dwellings.

(c) Street network. Create a grid street network that provides multiple means of getting to destinations.

(d) Streetscape character. Create attractive streetscapes with a lively, pedestrian-oriented character.

(e) Modes of transportation. Provide pedestrian, bicycle and transit linkages.

(f) Open space. Provide parks, plazas and greenways as community gathering spaces and natural areas.

(g) Building form. Promote building forms that respect and improve the integrity of streets, open spaces and other public areas.

(h) Visual harmony. Promote harmony in the visual relationships and transitions between buildings.

(i) Transition to other districts. Provide transitions or buffers so that new development is compatible with or protective of surrounding residential uses.

(j) Transition time period for project design. Provide for a transitional period where new development is not subject to all of the design standards in this Code as redevelopment transitions to the overall community vision for the area.

(k) Transitional time period for project uses. Provide that existing uses may continue and expand on-site during the transitional period.

(l) Require uses on vacant or adjacent properties, or for total voluntary demolition and redevelopment, to comply with permitted use requirements.

(2) Waldorf Central Zone (WC). This zone provides for moderate- to high-density development in the pattern of the downtown core of a traditional town, with a mix and intensity of uses supportive of rail transit. Development is to be consistent with the Downtown Waldorf Vision Plan and Design Guidelines adopted by the County Commissioners.

(3) Acton Urban Center Zone (AUC). This zone provides for high density, urban-scaled development with a mix and intensity of uses supportive of rail transit. Development is to be consistent with the Downtown Waldorf Vision Plan and Design Guidelines adopted by the County Commissioners.

B. Uses permitted.

(1) Permitted uses shall be in conformance with the Table of Permissible Uses (Figure IV-2).[1]

[1] Editor's Note: Figure IV 2 is included as an attachment to this chapter.

(2) The following additional requirements apply to the permitted uses of land within the Waldorf Central and Acton Urban Center zones:

(a) Mixed-use buildings are encouraged.

(b) Buildings abutting an arterial highway (U.S. 301 and MD Business Route 5) or a Waldorf Urban Major Collector, as identified in the Downtown Waldorf Vision Plan and Design Guidelines, shall be developed for mixed use or non-residential use. No solely residential buildings are permitted in these locations.

(c) Residential uses in mixed-use buildings shall be above the ground floor.

(d) The retail component of mixed-use buildings shall be primarily on the ground floor of the building and oriented towards a public street.

(e) Projects may be subdivided and/or phased as stand-alone projects as desired, provided that each phase meets the Code requirements. Phasing will permit a single parcel to be developed in stages in compliance with the design requirements of this chapter. A conceptual phasing plan shall be included as a part of the site development review process.

(f) The transitional use period shall begin from the adoption date of this section (6-10-2014) and ending two years from when sewer capacity is available to service the property. Existing uses may remain as permitted and expand only on-site, including:

[1] Construction services and supplies.

[2] Retail sales.

[3] Wholesale-related businesses.

[4] Motor vehicle related sales and services.

C. Density in WC and AUC Zones. The following requirements apply in the Waldorf Central and Acton Urban Center Zones:

(1) Attached residences (townhouse and multiplex) shall be built at a minimum density of 12 dwelling units per acre and a maximum density of 36 dwelling units per acre.

(2) Garden apartment, mid-rise and high-rise dwellings in residential-only buildings shall be subject to a minimum density of 15 dwelling units per acre. There is no minimum density for apartments within mixed-use buildings.

(3) There are no maximum density requirements for apartments. The floor area ratio and building height requirements in the Schedule of Zone Regulations determine the allowed scale and intensity of apartment and mixed-use development.

(4) Transferable development rights (TDRs) are required at the following rates:

(a) No TDRs are required for the first 12 dwelling units per acre.

(b) For attached residences, one TDR is required per dwelling unit in excess of 12 units per acre.

(c) For garden apartment, mid-rise or high-rise residences in residential-only buildings, one TDR is required per two dwelling units or fraction thereof in excess of 12 units per acre.

(d) In mixed-use buildings, one TDR is required per three dwelling units or fraction thereof in excess of 12 units per acre.

D. Building and lot requirements.

(1) General. The layout and design of lots, structures and other improvements shall contribute to the following goals:

(a) Primary building facades shall be oriented toward the street and public realm.

(b) Public and private space shall be clearly defined as public with open views and surveillance, or as private and protected.

(c) Service areas and mechanical equipment shall be located away from the street.

(d) Off-street parking areas shall be located away from the streets and shared by multiple owners/uses whenever possible.

(2) The requirements in the Schedule of Zone Regulations, Figure VI-9, shall apply subject to other requirements of this chapter.[2] Transitional provisions and exceptions are noted in § 297-97O.

[2] Editor's Note: Figure IV 2 is included as an attachment to this chapter.

(3) The following requirements apply in addition to the height requirements established in the Schedule of Zone Regulations:

(a) Maximum floor-to-ceiling height for the ground floor: 16 feet.

(b) Maximum floor-to-ceiling height for each story above the ground story: 12 feet.

(c) An upper story required to satisfy minimum story requirements shall have at least 70% of the floor area of the story below.

(d) Transition in building height: Where a lot in an Activity Center Zone is within 40 feet of a single-family detached home outside the Activity Center Zones, the maximum top plate height for any structure on the lot shall not exceed 36 feet.

(4) The following requirements apply in addition to the required front setbacks established in the Schedule of Zone Regulations:

(a) Front building facades shall be located between the required minimum and maximum front setbacks.

(b) Porches, steps and covered entries shall not project more than eight feet from the building facade. They may be extended into the minimum front setback area but shall not extend into the public street right-of-way.

(c) Awnings and canopies may extend into a public street right-of-way, up to five feet beyond the minimum front setback. They shall maintain a minimum clearance height of eight feet above the ground.

(d) Storefront display window may extend into a public street right-of-way, up to two feet beyond the minimum front setback.

(5) Minimum building facade along street frontage:

(a) For all lots with street frontage of 100 feet or less, the building facade must occupy at least 75% of the street frontage.

(b) For lots with street frontage of 100 feet to 200 feet, the building facade must occupy at least 80% of the street frontage.

(c) For lots with street frontage of 200 feet or greater, the building facade shall occupy at least 85% of the street frontage.

(d) Transitional provisions and exceptions are noted in § 297-97O.

E. General architectural requirements.

(1) Intent. Buildings in the Activity Center Zones shall use high-quality materials and pedestrian-scaled detailing to enhance the visual appeal of development.

(2) Exterior facades.

(a) Facades greater than 40 feet in length shall be articulated with discernible architectural elements, such as windows, recessed entrances and windows, display windows, arcades, balconies, plane projections and recesses, and other architectural details.

(b) All facades visible to the public (from a street, public or private open space, or parking area located interior to a block) shall provide quality architectural materials and detailing. Blank building walls/facades are not permitted.

(c) Buildings on corner lots shall be architecturally treated as having frontage on all facades along a street.

(d) The streetscape and front building facade shall be the primary focus of the development.

(3) Mechanical equipment. Mechanical equipment (such as air compressors, pumps, transformers, meters, boxes, and HVAC units) shall be visually screened from public streets and public open spaces. Screening methods may include locating equipment upon a roof behind a parapet wall or to the rear of the building, fencing, or appropriate landscaping.

(4) Design guidelines. Within the Waldorf Central and the Acton Urban Center zones:

(a) Buildings shall conform to the architectural guidelines of the Downtown Waldorf Vision Plan and Design Guidelines.

(b) Trademark buildings with franchise architecture shall conform in full to the Design Guidelines. Departures for the purpose of conforming to corporate design and architectural standards are not permitted.

F. Road classification and layout.

(1) Intent. All development proposals shall to the extent feasible contribute towards the creation of an interconnected grid street network.

(2) Standards. Roads shall conform to the Waldorf Urban Road Standards of the Downtown Waldorf Vision Plan and the Charles County Roads Ordinance.[3]

[3] Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.

(3) Subdivisions and site plans in the Waldorf Central Zone and Acton Urban Center Zone shall conform to the following provisions.

(a) Dedication and construction of new roads and widening of existing roads within and abutting a subdivision shall implement the road network shown in the Downtown Waldorf Vision Plan and Design Guidelines.

(b) The Planning Commission may approve a subdivision plan that does not fully implement the road recommendations of Downtown Waldorf Vision Plan and Design Guidelines if the size and configuration of the property makes implementation through the subdivision process infeasible.

(c) If the Planning Commission or Planning Director determines that full construction of proposed roads is not necessary at the time of subdivision, rights-of-ways for proposed roads shall be dedicated or reserved to the extent reasonably feasible as provided in § 278-83 of Chapter 278, Subdivision Regulations.

(d) Site development plans. If the property shown on a proposed site plan contains or abuts a road shown on the Downtown Waldorf Vision Plan and Design Guidelines, to the extent possible improvements shall be located to reserve the full road right-of-way for future road construction.

(4) Alleys. The construction of alleys is encouraged to provide access routes to parking and service areas located behind buildings that front the street.

G. Streetscape requirements.

(1) Intent. Development shall contribute to creation of a walkable community through the following design standards:

(a) Provide a comprehensive, continuous system of sidewalks and paths to enhance connections and pedestrian safety.

(b) Orient buildings to the street and utilize every opportunity to create open, inviting storefronts, outdoor cafe seating, and interesting visual accents such as public art.

(c) Provide streetscape amenities and street furniture to encourage pedestrian activity.

(d) Enhance safety and visual appearance through the provision of street trees and planting strips located between streets and sidewalks (whenever possible) to provide shade and buffer pedestrians from traffic.

(2) Installation/bonding of streetscape improvements.

(a) Streetscape elements (including but not limited to sidewalks, streetlights, street trees, street furniture, bicycle racks, landscaping and planters, decorative paving, sculpture/artwork, and bus shelters) shall be required for development approved through a site development plan or subdivision plan. See § 297-97N, Figure VI-8,[4] for thresholds and applicability of streetscape requirements.

[4] Editor's Note: Figure IV 8 is included as an attachment to this chapter.

(b) All streetscape improvements shown on an approved subdivision plan or site development plan shall be built or bonded prior to recordation of plats or issuance of infrastructure and building permits.

(c) Proposed streetscape elements shall be indicated on plan submittals and shall include information on location, spacing, quantity, construction details, and method of illumination.

(3) Streetscape design consistency. The design of streetscape elements shall be consistent within a development project and throughout each zone. Streetscape elements shall be consistent with the Downtown Waldorf Design Guidelines.

(4) Use of front setback area. For nonresidential or mixed-use buildings, the front setback area between the street right-of-way and the building facade shall be used for sidewalks, landscaping, public seating areas or other pedestrian-oriented features that enhance and contribute to the streetscape.

(5) Constrained sites. Where existing conditions make the streetscape elements difficult to implement, development shall make every effort to meet these streetscape standards in full.

(a) If required streetscape elements cannot be provided within the street right-of-way due to right-of-way constraints, the elements shall be provided partially on the development site between the building facade and the right-of-way.

(b) If provision of all streetscape elements is not possible due to right-of-way constraints and the location of existing buildings or infrastructure, the priorities for streetscape improvements shall be:

[1] Sidewalks;

[2] Streetlights;

[3] Street trees (if sufficient room is not available for the survival of street trees, seasonal displays in above-ground planter boxes should be substituted); and

[4] Landscape strips.

(c) The final determination of required streetscape elements on constrained sites shall be determined by the Planning Director.

(6) Sidewalks.

(a) For development activity requiring a subdivision plan or site plan, sidewalks shall be installed along streets within and abutting the development site where appropriate, based upon the road standards established by the Downtown Waldorf Vision Plan, Section 5.3 and Figures 4 through 8.

(b) Sidewalks shall also be provided to connect building entrances and parking areas with the sidewalks along the streets.

(c) Sidewalks may be located partially within the street right-of-way and partially within the front setback area of the abutting property.

(d) Where sufficient right-of-way is available, sidewalks shall be separated from streets by landscape strips to allow for street trees and to buffer pedestrians from street traffic.

(e) The width and design of sidewalks and planting strips shall be guided by the Downtown Waldorf Vision Plan and Sections 4.1 and 4.3 of the Downtown Waldorf Design Guidelines and reviewed as part of the site development plan review process.

(7) Street trees. Street trees shall be provided along all streets at the time of development.

(a) Spacing: At least one large shade tree shall be planted per 40 linear foot of frontage along all public streets and major private streets. Street trees may be spaced between 35 feet and 45 feet apart on center.

(b) Planting standards. Street trees shall be planted using either underground planters with minimum dimensions of six feet by eight feet and structural soil amendments or the planting site shall be prepared with a minimum of 120 cubic feet of rootable soil with structural soil amendments.

(8) Streetlights. Pedestrian-scaled, County-approved streetlighting fixtures shall be installed on both sides of all streets at no more than sixty-foot intervals measured parallel to the street. The developer is responsible for the installation of streetlights only on the side of the street being developed.

(9) Other streetscape elements. All types of streetscape furniture (including but not limited to benches, bike racks, movable seating, game tables, trash receptacles, and public mailboxes) may be considered to be placed in public spaces and along streets with mixed-use, commercial or office development. Streets limited to residential uses should have more limited street furniture such as trash receptacles and benches.

(10) Curb bump-outs and bus turn-outs may be incorporated into streetscape design to provide physical separations, to mitigate the visual impact of on-street parking areas and to serve as additional tree planting areas or locations for streetscape amenities.

H. Signage.

(1) Intent. Site and building signs should complement the architectural composition and design of the building and the surrounding environment. Durable, attractive, and well-maintained signs attract potential customers, provide directional orientation, and contribute to the look and feel of the community.

(2) Signs shall be constructed of high-quality materials such as brick, cut stone, stainless steel, or other similar materials.

(3) The requirements of Article XIX, Signs, shall apply within the Activity Center Zones, with the following additional requirements.

(a) Freestanding, pole-mounted commercial signs are not permitted.

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

(c) Illuminated signs shall be lit externally. External lighting fixtures used to illuminate signage shall provide full cut-off fixtures to reduce sky glow and glare.

(d) Common sign plans shall be provided for all new nonresidential and mixed-use buildings.

I. Lighting.

(1) Intent. Lighting should be a cohesive element of architectural and environmental design to strengthen the appearance and functionality of structures and their surroundings while providing adequate safety and visibility. Light fixtures should be constructed of attractive, high-quality materials, be incorporated into the design of the project, direct glare away from adjoining properties and public rights-of-way, and reduce light pollution.

(2) The requirements of § 297-306, Lighting standards, apply. In addition, the following requirements are applicable.

(a) Comprehensive lighting plans shall be provided with site plan submittals for new institutional, office, mixed-use and retail/commercial buildings. These lighting plans shall be accompanied by plans, sketches, or photographs indicating the design, size, methods of lighting fixture attachment and shielding.

(b) Illumination shall be provided for main entrances, parking lots, service entrances, alleys, pathways, open space, and plazas.

J. Landscaping, buffering, and screening standards.

(1) Intent. Attractive landscaping provides a wealth of benefits for a community, including adding beauty, stabilizing soil, cooling the environment, filtering pollutants, providing buffers between uses and increasing property values. Trees, flowering plants, shrubs, and high-quality walls and fencing should be used on lots and within street rights-of-ways to create a pleasant and comfortable environment and to screen unattractive uses, parking areas, and mechanical equipment.

(2) Public spaces and on-site open space. Public spaces and on-site open space shall be planted with shade trees, evergreen shrubs, and other appropriate landscaping to provide shade, increase air quality, and treat stormwater, as well as to add interest, visual appeal, and year-round greenery and color. Other devices, such as trellises, covered walkways, pavilions, and gazebos are also encouraged in public spaces.

(3) The bufferyard requirements established in Articles XXII and XXIII do not apply between land uses or along roads within the Activity Center Zones. Bufferyard requirements apply along the boundaries of the Activity Center Zones as required between zoning districts and along principal arterial highways.

K. Parking and circulation.

(1) Intent. Parking areas are a necessary accessory use but should not dominate the streetscape, obscure building frontages, or overwhelm the visual environment. The parking requirements in this section reduce on-site parking requirements while encouraging shared parking facilities to ensure that sufficient parking is available to support a mix of land uses. Shared parking areas reduce paved areas and provide increased opportunities for landscaping, buildings, and open space, contributing to the quality of the visual environment.

(2) The requirements of Article XX, Parking Facilities, apply except as modified in this section. Transitional provisions and exceptions are noted in § 297-97O.

(3) Required number of parking spaces.

(a) Minimum requirements:

[1] At least two parking spaces shall be provided per dwelling unit for townhouse or multiplex units.

[2] For all other land uses, the minimum number of off-street surface parking spaces shall be equal to 50% of the minimum number of required off-street parking spaces required by Article XX, Figure XX-1.

(b) Maximum requirement. The maximum number of off-street surface parking spaces permitted for each land use type shall be equal to:

[1] One hundred percent of the minimum number of required off-street parking spaces required by Figure XX-1 for residential land uses; and

[2] Eighty percent of the minimum required off-street parking spaces required by Figure XX-1 for all other land uses.

[3] If shared parking is used or structured parking is provided, this maximum number may be increased.

[4] Transitional provisions and exceptions are noted in § 297-97O.

(4) Required parking may be provided in the following locations:

(a) On-site;

(b) Off-site under the provisions for satellite parking in § 297-341; or,

(c) On-street. For parking parallel to the curb, 22 feet of linear frontage on a street where parking is allowed shall be counted as one parking space. On-street parking spaces must be on the same side of the street as the use being served by the spaces.

(5) Shared parking is permitted as provided in § 297-341B. The maximum number of parking spaces required above does not apply to shared parking.

(6) Location of parking areas.

(a) Parking shall be located to the side or rear of buildings and, whenever possible, in shared parking areas.

(b) Structured parking may be integrated within a mixed-use, non-residential or multifamily structure. Whenever possible, locate retail or commercial uses on the first-floor street facade.

(c) Freestanding parking structures are permitted. These shall be located on the interior of the block or at the rear of the property, and shall be accessed from a side street, alley, or entrance drive-aisle. Freestanding parking structures located adjacent to a public street right-of-way other than an alley shall be set back a minimum of 10 feet from the right-of-way.

(d) Parking pads and garages for townhouse and multiplex dwellings shall be accessed from the rear of the dwelling. Garages may be a separate accessory structure or within the principal structure.

(7) Perimeter landscaping for parking areas. The perimeter landscaping requirements of § 297-358 shall not apply within the Activity Center Zones. The following requirements apply instead.

(a) Where parking areas are located to the side of a building, or along an alley, a landscape area with a minimum width of six feet shall be provided between the street right-of-way and the parking area.

(b) Screening within the landscape area shall be provided by an evergreen hedge with or without an ornamental fence or wall. The maximum height of evergreen hedges and solid walls shall be 36 inches.

(c) Additional landscape materials within the landscape area may consist of shade trees, low shrubs and ground cover. A minimum of one shade tree shall be provided per 35 linear feet of parking lot frontage on a public street, excluding driveway openings.

(d) Walls and hedges shall provide openings for pedestrians when the wall is adjacent to open space, a pedestrian path, public plaza, or other pedestrian-oriented space.

(8) Loading and service areas shall not be visible from streets. They shall be screened with landscape plantings and/or a six-foot-high opaque wood fence or masonry wall.

(9) Parking, loading, and service area screening walls and fences shall be made of high quality materials such as brick, stone, finished decorative concrete, wrought iron, and wood.

(10) Bicycle parking requirements.

(a) Bicycle parking shall be provided at appropriate locations to encourage bicycle use.

(b) On-site bicycle parking spaces shall be provided for the following uses: multifamily residential; parks and plazas; office and commercial uses; recreational or cultural uses; and institutional uses.

(c) Bicycle parking areas shall be convenient to the entrances of buildings and shall not obstruct sidewalks or walkways.

(11) Drive-in and drive-through windows. Drive-in or drive-through windows shall not be permitted for any new use except banks. Drive-through windows for banks shall be located to the rear of the lot and shall not front the street.

L. Open space.

(1) Intent. Subdivision plans and site plans within the Activity Center Zones shall provide open space in accordance with the requirements in the Schedule of Zone Regulations. The open space shall contribute to the creation of a comprehensive system of parks, pathways and open space; provide pocket parks, greens, plazas and other public amenities; and provide for protection of sensitive environmental features.

(2) Open space required by the Schedule of Zone Regulations may be provided on-site, by creating a common open space lot for dedication to the County or a property owners' association, by providing common open space off-site within the same activity center, or by payment of a fee-in-lieu as provided below.

(3) For subdivision plans within the Activity Center Zones, dedication of open space may be used to meet the requirements for community open space given in Chapter 278, Subdivision Regulations, §§ 278-60 and 278-61.

(4) Fee in lieu of establishment of open space.

(a) The Planning Director may approve payment of a fee in lieu of the required open space based on findings that the purpose and intent of the Activity Center District would be met better through contribution to funding for common open space rather than through the establishment of the required open space on the particular site.

(b) The fee shall be as established in a fee schedule approved by the County Commissioners.

(c) The County shall use the fees to purchase land within the same Activity Center Zone for parks, greenways, pedestrian pathways or stormwater management.

(5) If a proposed development in the Waldorf Central Zone or Acton Urban Center Zone is on a site for which the Downtown Waldorf Vision Plan and Design Guidelines show proposed greenways, parks, pathways and other community open space areas:

(a) Subdivision proposals shall reserve these areas to the extent possible as provided in § 278-83.

(b) Site plans shall be designed to locate improvements away from proposed open space areas to the extent possible. Reserved areas may be used as on-site common space.

(6) Common open space areas may be used for regional stormwater management.

M. Reservation. If the property shown on a proposed site plan contains or abuts a public infrastructure improvement (including but not limited to transit facilities and stormwater facilities) shown on the Downtown Waldorf Vision Plan and Design Guidelines, to the extent possible other improvements shall be located to reserve the full right-of-way for future construction of said public infrastructure improvement.

N. Administration.

(1) A site development plan shall be required for all development within the Activity Center Zones.

(2) Site development plans shall be reviewed for compliance with the requirements of this district as well as the design guidelines adopted by the County Commissioners for the specific area.

(3) Limits of applicability. The Activity Center Zones will be applied to areas with existing residences, businesses and industries. The Activity Center Zones are intended to allow existing uses to continue, while the goals of the zones are gradually realized through infill, redevelopment and major expansion. Figure VI-8[5] establishes thresholds at which the requirements of this section shall be applied to proposed development in the WC and AUC Zones. Any request for expansion or extension of a nonconforming use shall first comply with the provisions and processes established in Article XXVIII, Nonconforming Uses, of this chapter. These expansion or extension of nonconforming use thresholds shall not apply during the transitional period.

[5] Editor's Note: Figure VI-8 is included as an attachment to this chapter.

O. Transitional design provisions.

(1) The following transitional design provisions apply within the WC and AUC Zones during the transitional time period:

(a) For new principal structures, the building facade must occupy at least 50% of the street frontage.

(b) No frontage requirement shall apply for additions to existing buildings.

(c) The minimum building height required by Figure VI-9, Schedule of Zone Regulations,[6] shall not apply to new buildings or building additions within the Action Urban Center (AUC) Zone. The Waldorf Central Zone (WC) shall require a minimum of two stories for new development.

[6] Editor's Note: VI-9 is included as an attachment to this chapter.

(d) A minimum floor area ratio shall not apply to construction of additions or new principal structures.

(e) The minimum fifteen-percent open space requirement for nonresidential development shall not apply.

(f) The maximum parking is set at 100% of the required parking for the proposed use, but 80% of the required parking can be provided with additional on-street or off-site parking allocated for the proposed use.

§ 297-98 WCD Watershed Conservation District.

[Added 6-6-2017 by Bill No. 2017-03]

A. Objectives.

(1) To implement the direction and intent of the Comprehensive Plan with regards to protection of the Mattawoman Creek Stream Valley and the headwaters of the Port Tobacco River and to protect the watershed area's natural resources for its long-term value to the community, the ecological, aesthetic and scenic values and its recreation and economic value as a sustainable resource.

(2) To further protect the Resource Protection Zone and limit forest fragmentation.

(3) To allow for the transfer of development rights in appropriate locations.

(4) To limit sprawl development and protect water resources and Tier II streams and wildlife habitat and implement the total maximum daily load (pollutant restrictions).

(5) To guide development away from vulnerable natural hazards, including flooding, storm surge, and shore erosion.

B. General regulations. Residential development is limited to a gross density of one unit per 20 acres. Minimum lot area, area per dwelling unit, building setback from adjacent lot lines, lot width, front yard, side yard, rear yard, and maximum building height are displayed on Figure VI-10,[1] shall apply, and are subject to other requirements of this chapter. Legal lots of record less than one unit per 20 acres are permitted to obtain one single-family dwelling unit building permit (and accessory use permits) per legal lot of record.

[1] Editor's Note: Figure VI-10 is included as an attachment to this chapter.

C. Special regulations: site design.

(1) Impervious surface restrictions. In order to protect the natural resources in this area, impervious surface coverage, such as buildings, pavement or other man-made materials, is limited to 8% of the property. Legal lots of record of three acres in size or smaller may have an impervious surface coverage up to but not to exceed 10,500 square feet. Development areas shall be designated on any site development plan, development services permit plans, clearing or grading permit or building permit. The applicant shall demonstrate how much impervious surface is located on the subject property. Calculations shall be provided to determine that impervious surface is no greater than 8% of the subject property.

(2) Exemptions from impervious surface restrictions:

(a) Minor combined or cumulative additions up to 25% of the main structure, or accessory uses of existing legally permitted uses and legal lots of record. Property under three acres can build up to a maximum of 10,500 square feet even if it exceeds 25% as noted above.

(b) Development that utilizes best management practices (BMP), mitigates impervious surface coverage and also has an inspection and maintenance agreement may exceed the eight-percent impervious surface restriction by an equivalent area that is treated by the BMP.

(c) Development within the Watershed Conservation Zoning District which is not serviced by public water and sewer is required to utilize the best available technology (BAT) septic system to further reduce nitrogen entering the groundwater and streams.

(d) Churches and schools are exempt from impervious surface coverage.

(3) Stream and Resource Protection Zone buffers:

(a) The County's Critical Area Zone (Overlay Zone), Article IX of the Zoning Ordinance, or the Resource Protection Zone RPZ (Overlay Zone), Article XI of the Zoning Ordinance, whichever is applicable, shall govern buffer requirements for the Watershed Conservation District (WCD) Zoning District.

(b) Streams shall be designated on any application for site development plan. Development services permit, land clearing, grading or building permit applications, and conceptual subdivision plans and shall clearly illustrate buffer areas of no disturbance in compliance with the Zoning Ordinance.

D. Zoning Map boundary and criteria. The Watershed Conservation District (WCD) Zoning Map is based on the Watershed Conservation District Land Use Map. The Land Use Map is a generalized conceptual map, and the Zoning Map is more site-specific. For small developed parcels on the edge of the district, the property line was used as the WCD boundary. Some other parcels have split or multiple zones. For those properties where the boundary was set as the Stream Valley's top of slope, boundary modifications related to the exact location of the top of slope can be considered by the Planning and Growth Management staff upon approval by the Zoning Officer based on site-verified conditions and data.

(1) Properties with multiple zoning districts. When properties contain more than one zoning district and a proposed project falls within the WCD Zoning District, the following rules will apply.

(a) The WCD shall be consistent with § 297-22 of the Zoning Ordinance and subject to all the regulations applicable to the zone in which it is located in accordance with those provisions;

(b) The density calculation of the WCD area is to be based on one unit per 20 acres;

(c) The area with WCD zoning can only include permitted uses allowed by the Table of Permissible Uses for that zone;[2]

[2] Editor's Note: The Table of Permissible Uses, Figure IV-1, is included as an attachment to this chapter.

(d) WCD areas can include open space, forest conservation, public uses, stormwater management and access to support the entire project, provided it meets the impervious surface and other development requirements for the WCD area;

(e) WCD areas can be used for residue and reserved as open space for future development, provided the future development complies with the WCD regulations.

(2) Except as specified below in this subsection, commercial and business park zoning areas shall not be included in the WCD boundary area and shall be allowed to retain their commercial-related zoning:

(a) The County-owned Indian Head Science and Technology Site shall remain in the WCD boundary area;

(b) The commercial and mixed use commercial areas in the Bryans Road area shall remain in the WCD boundary in order to plan its future as a village and not a growth area;

(c) The commercial and industrial lands around the airport shall remain in the WCD boundary.

E. Transitional and grandfathering provisions. These provisions will take place at the effective date of this section and as follows:

(1) Existing developments. Existing developments that are no longer considered to be permitted uses within the WCD Zoning District as of adoption of this WCD section are considered legally nonconforming uses and may continue to exist per the requirements of Article XXVIII, Nonconforming Uses, of this Zoning Ordinance.

(2) Pending development applications. Pending development applications that are located within the WCD area and have not been approved but are under review at the time of adoption of this section may continue for review and approval under the previous regulations in place, provided they have one of the following:

(a) An executed and valid development rights and responsibilities agreement (DRRA) or similar development contract;

(b) An approved site development plan;

(c) A development services permit under review, not issued, but with a posted bond and associated developer's agreement;

(d) Preliminary plans which have recorded at least 10% of the lots associated with the project, and have completed at least 10% of the physical improvements beyond excavation, grading and filling, that may include:

[Amended 6-16-2020 by Bill No. 2020-03]

[1] Construction of roads, or a portion of roads for the entire project (at least 10%) or for an entire phase of the project as previously defined on a preliminary plan; or

[2] Construction and installation of stormwater management facilities for the project (at least 10%) or for an entire phase of the project; or

[3] For those projects on shared or public sewer and water systems, construction of a portion of the sewer and water facilities (at least 10%) for the project or for an entire phase of the project as previously defined.

(e) The request is for a residential building permit application or other application relating to an existing legal lot of record.

(3) Previously approved development applications not completed. Applications that are located within the WCD Zone with previous approvals at the time of adoption of this section may continue for review and development under the previous regulations in place, provided they have one of the following:

(a) An executed and valid development rights and responsibilities agreement (DRRA) or similar development contract;

(b) An approved site development plan;

(c) An approved development services permit;

(d) Preliminary plans which have recorded at least 10% of the lots associated with the project, and have completed at least 10% of the physical improvements beyond excavation, grading and filling, that may include:

[Amended 6-16-2020 by Bill No. 2020-03]

[1] Construction of roads, or a portion of roads for the entire project (at least 10%) or for an entire phase of the project as previously defined on a preliminary plan; or

[2] Construction and installation of stormwater management facilities for the project (at least 10%) or for an entire phase of the project; or

[3] For those projects on shared or public sewer and water systems, construction of a portion of the sewer and water facilities (at least 10%) for the project or for an entire phase of the project as previously defined.

(e) The request is for a residential building permit application or other application relating to an existing legal lot of record.

(4) New development. New development applications that are located within the WCD Zone and are submitted after the time of adoption of this section must comply with all development regulations and uses as outlined in this section.

(5) Contract or other property rights. Any property owner who asserts they have contractual or property zoning rights and thus should be exempt from the Watershed Conservation District zoning regulations may apply to the Zoning Officer for a letter of determination of exemption.

F. Permitted uses. The permitted uses within the Watershed Conservation District shall be in conformance with the uses permitted in the Table of Permissible Uses (see Figure IV-1).[3]

[3] Editor's Note: The Table of Permissible Uses, Figure IV-1, is included as an attachment to this chapter.

G. Development consistency. Development within the Watershed Conservation District shall be consistent with Figure VI-10, Schedule of Zone Regulations,[4] and Article XIII, Minimum Standards for Special Exceptions and Uses Permitted With Conditions.

[4] Editor's Note: Figure VI-10 is included as an attachment to this chapter.

H. Transfer of development rights (TDRS) and purchase of development rights (PDRS). The Watershed Conservation District shall serve as a TDR "sending area" per Article XVII, Transferable Development Rights (TDRs) in Designated Agricultural Land Preservation Districts.

I. Intrafamily transfers of property within the Watershed Conservation District (WCD) is to recognize the family legacy associated with the land and to allow for the limited transfer of land from the property owner to an immediate family member as sale or gift for their use in this zoning district that otherwise would not be permitted due to density restrictions.

(1) "Immediate family" is defined as mother, father, son, daughter, grandfather, grandmother, grandson, granddaughter, stepparents, stepchildren, and legal wards and guardians.

(2) Total number of parcels or lots. Intrafamily transfers will be permitted on parcels of land in the Watershed Conservation District (WCD) Zoning District where a portion of such parcel in the WCD is at least 10 acres and not more than 60 acres in size.

(3) A notation shall be placed on the final subdivision plat denoting the lot(s) and residue that are created under these provisions of the Code.

(4) Subdivision of land within the WCD under the bona fide intrafamily transfer provisions contained herein shall be subject to the following limitations:

(a) Parcels of 10 acres to 60 acres cannot be subdivided into more than three lots (two intrafamily lots and one existing or primary lot);

(b) Minimum parcel size for intrafamily lots is one acre;

(c) In order to qualify for an intrafamily transfer, the existing property owner must have owned the land at the time of adoption of this section, and for a period of at least 10 years;

(d) Lots created pursuant to these provisions shall not be created for the purpose of ultimate commercial sale. A lot created pursuant to these provisions may not be subsequently conveyed to any person except as provided herein:

[1] Where the conveyance is to a member of the owner's immediate family; or

[2] Where the conveyance of the lot is part of a default on a mortgage or deed of trust.

(5) Any lot created under this subsection may not be transferred or sold to a third party who is not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property unless and until the Planning Commission has determined the following conditions apply:

(a) A change in circumstances has occurred since the original transfer, which would warrant permitting a subsequent transfer, when such circumstances are consistent with the warrants and exceptions contained herein;

(b) A change in circumstances may include situations where the intrafamily transfer recipient has not resided in the County for the past five consecutive years and signs an affidavit verifying their intent not to reside in Charles County or demonstrates significant financial hardship; or

(c) Other circumstances necessary to maintain land area to support protective uses of agriculture, forestry, open space and natural habitats in the Watershed Conservation District warrant an exception.

(6) Deeds of transfer shall include a covenant stating that the lot is subject to the provisions of this subsection and be approved for legal sufficiency by the County Attorney's Office prior to recordation of the intrafamily lot(s). These covenants shall restrict the subsequent transfer or sale of the lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party who is not a member of the owner's immediate family or a holder of a mortgage or deed of trust on the property except as otherwise provided herein.

(7) Once the intrafamily transfer has occurred, additional transfers for subsequent generations of the original owner cannot qualify for further intrafamily transfers.

(8) All other subdivisions regulations shall apply to intrafamily transfers except for the density provisions of the Zoning Ordinance as allowed and stated herein.

§ 297-99 Hughesville Village Zone (HV)

[Added 11-28-2017 by Bill No. 2017-07]

A. Objectives. The Hughesville Village Zone is established to:

(1) Promote development that implements land use and design policies established in the adopted 2007 Hughesville Village Revitalization Plan.

(2) Foster infill development and redevelopment appropriate to the rural village character.

(3) Promote village-scaled, walkable, mixed use development that is clearly distinguished from the rural or highway-oriented commercial land uses outside the Hughesville Village Zone.

(4) Establish a network of well-connected streets, alleys and sidewalks, and open space areas that complement the rural village development.

(5) Promote preservation and adaptive reuse of historic structures.

B. Subzones. Four Hughesville subzones, listed below, are established that together form the entirety of the Hughesville Village District:

(1) Hughesville Village Core (HVC). The Hughesville Village Core Subzone is established to:

(a) Meet the retail and commercial service needs of area residents.

(b) Create a safe and walkable environment with attractive streetscapes and storefronts that contribute to a lively and safe public space along Old Leonardtown Road.

(c) Promote building forms that enhance the village's character and are oriented to the public streets and/or public open spaces.

(d) Promote commercial architecture whose design ensures that all sides are visually interesting.

(e) Provide for village-scaled, single-family development along new neighborhood streets with pedestrian and vehicular connections to Old Leonardtown Road.

(2) Hughesville Village Gateway Subzone (HVG). The Hughesville Village Gateway Subzone shares the same goals as the Hughesville Village Core Subzone, while having the following distinct goals:

(a) Create attractive entrances to Hughesville on Old Leonardtown Road and MD Route 231 through thoughtful design and landscaping of property frontages.

(b) Allow uses of a larger scale and with deeper front setbacks than in the Core Subzone, to complement existing conditions along MD Route 231 and the northern portion of Old Leonardtown Road.

(3) Hughesville Village Residential Subzone (HVR). The Hughesville Village Residential Subzone is established to:

(a) Allow compatible infill development to preserve the character of existing neighborhoods.

(b) Foster development of new low-density residential neighborhoods with convenient pedestrian and vehicular connections.

(c) Create new public open spaces that meet the needs of local residents and serve as a quality focal point for new residential development.

(4) Hughesville Village Employment Subzone (HVE). The Hughesville Village Employment Subzone is established to:

(a) Allow compatible new light industrial and utility uses in areas where employment uses are established.

(b) Provide landscaping and buffer treatments to ensure compatibility with the rural village character.

(5) Within this § 297-99, the subzones may be referred to as the Core, Gateway, Residential and Employment Subzones.

C. General regulations and permitted uses.

(1) The standards of the Hughesville Village Schedule of Zone Regulations (Figure VI-14)[1] shall apply to all development in the Hughesville Village Zone, except as noted within this section.

[1] Editor's Note: The Schedule of Zone Regulations: Hughesville Village Zone, Figure VI-14, is included as an attachment to this chapter.

(2) Land uses within the Hughesville Village Subzones shall be in conformance with the Table of Permitted Uses for the Hughesville Village Zone, as shown in Figure VI-15.[2]

[2] Editor's Note: The Table of Permitted Uses for the Hughesville Village Zone, Figure VI-15, is included as an attachment to this chapter.

(3) No new structures or buildings with drive-through facilities shall be permitted in the Hughesville Village Zone. Existing structures or buildings with drive-through facilities shall be allowed to continue use of their existing drive-through facilities as permitted uses. The addition of new drive-through facilities onto existing buildings shall not be permitted.

D. Roads and infrastructure.

(1) Subdivision proposals in the Hughesville Village Zone shall contribute to an interconnected street network conforming conceptually but not in exact detail to the street network illustrated by Map 11, "Future Land Use and Circulation Plan," of the Hughesville Village Revitalization Plan.[3]

[3] Editor's Note: Said map is on file in the County offices.

(2) Road improvements that are required through the site plan or subdivision process shall conform to the criteria of Table 2.01.02 of the Charles County Road Ordinance, "Summary of Design Criteria: Designated Urban Areas."[4] New streets must form a network that provides choices in travel and distribution of traffic and adheres to the following standards:

(a) Proposed new streets must connect to existing streets and provide potential connections to future developments.

(b) When a non-through street is necessary, use of a loop street or an "eyebrow" as defined in the Charles County Standard Detail Manual: Roads is preferred.

(c) New streets should define blocks with lengths between 400 and 800 feet as measured from right-of-way to right-of-way of the intersecting streets. Longer blocks, where necessary, should have midblock pathways between lots to provide pedestrian access through the block. Blocks over 800 feet in length may be approved east of MD Route 5.

[4] Editor's Note: See Ch. 276, Streets, Roads and Sidewalks, Appendix A.

(3) The construction of alleys is preferred to provide access routes to parking and service areas located behind buildings.

(4) Subdivision plans and site plans for new principal structures shall include the installation of pedestrian-scaled, County-approved streetlights.

(5) Streetlight requirements:

(a) Streetlights shall be required for subdivisions and new principal structures:

[1] On lots abutting Old Leonardtown Road;

[2] On lots abutting all streets within the Core Subzone; and

[3] On lots abutting streets within the Gateway, Employment and Residential Subzones that are connected by sidewalks to the Core Subzone.

(b) Streetlights shall be installed at no more than sixty-foot intervals measured parallel to the street.

(c) The developer is responsible for the installation of streetlights only on the side of the street being developed.

(d) The streetlight requirements may be waived only by the Zoning Officer based upon findings that streetlights at the particular location are impractical or not desirable for public convenience or safety.

(e) Streetlights shall meet the full cutoff or fully shielded criteria of the Illuminating Engineering Society of North America.

(6) If the property shown on a proposed site plan is contained within or abuts a planned public infrastructure improvement, site improvements shall be located to reserve the area of the full right-of-way needed for future construction of said public infrastructure improvement. The area to be reserved shall be shown on the site plan for future construction. Said planned public infrastructure improvements may include but are not limited to the following:

(a) Improvements shown on the future Land Use and Circulation Plan in the Hughesville Village Revitalization Plan;

(b) The Hughesville Streetscape Project. The northern and southern limits of the project corridor are identified in Appendix P: Hughesville Streetscape Project Corridor.[5]

[5] Editor's Note: Appendix P is included as an attachment to this chapter.

(c) Improvements included in the County's adopted Capital Improvement Program (CIP); and

(d) Any planned state or County street and streetscape facilities.

E. Architectural standards.

(1) Development in the HV Zone is subject to site design and architectural review (SDAR). Approval of subdivision plans, site plans and building permits shall be subject to determination that the plans comply with the County architectural and site design guidelines and standards. Guidelines and standards shall be applied in a manner consistent with the objectives for the HV Zone and subzones. If the SDAR requirements conflict with the standards in Subsection E(2), (3), and (4) below, the more stringent requirement shall prevail.

(2) In addition to the SDAR requirements, new buildings and additions to existing buildings should be generally compatible with the massing, scale, and proportion of existing historic structures located in the same subzone and within 500 feet of the development site. In particular, new construction should be generally compatible with either of the following:

(a) Commercial buildings: early 20th century commercial buildings, one to two stories in height and located close to the street right-of-way, near the intersection of Old Leonardtown Road and MD Route 231.

(b) Residential buildings: late 19th/early 20th century vernacular Victorian dwellings, within the Residential Subzone along Old Leonardtown Road. However, it would also be appropriate for these dwellings to be adaptively reused for certain commercial uses, such as bed-and-breakfast and tourist homes, subject to the requirements of this section.

(3) Preservation and reuse of historic or architecturally significant structures listed on the Maryland Inventory of Historic Properties is preferred. Exterior alterations should protect the historic character of the structure. Furthermore, properties that have been designated in accordance with § 297-524 are eligible for reduced requirements as outlined in Subsection H(6)(c) and (7)(a) of this section.

(4) Architectural standards for nonresidential and mixed use structures. The following standards shall apply which exceed or supplement the architectural and site design guidelines and standards.

(a) New buildings may be detached or semidetached. (A semidetached building would share a side wall with one other building on an adjacent lot.)

(b) Any wall surface that exceeds 30 feet in length shall include an interruption in the horizontal plane of the wall of at least four feet high and at least 15 feet long. (See Figure VI-11.[6]) The only exception to this is industrial buildings, which shall comply with the facade articulation standards in the architectural and site design guidelines and standards. The SDAR reviewer or designee may approve an alternate design that uses other design features to divide the facade into smaller increments to create visual interest and a human scale.

[6] Editor's Note: Figure VI-11: Vertical and Horizontal Articulation of Building Facades, is included as an attachment to this chapter.

(c) The window area on commercial or mixed use buildings shall provide no less than 70% transparency on the ground floor facade facing Old Leonardtown Road or MD Route 231 west of the MD Route 5 bypass.

(d) Windows shall be vertical in proportion, with the exception of storefront windows. Mirrored, reflective, or darkly tinted glass shall not be used for windows visible from public streets or public areas.

(e) The primary customer entrance to a commercial or office building shall face the street providing the primary pedestrian access to the building.

(f) Traditional canvas-like awnings without interior illumination are preferred along the primary facade facing the street.

(g) Front yard fences and walls shall not exceed three feet in height. Side and rear yard fences shall not exceed six feet in height. Fences and walls visible from the street shall be made of high-quality, attractive materials such as brick, stone, finished decorative concrete, and wrought iron or other decorative metals.

F. Signage and lighting. The following requirements apply within the Hughesville Village Zone in addition to the requirements of Article XIX, Signs, § 297-305, Lighting requirements, and § 297-306, Lighting standards. If the requirements are in conflict, the more stringent requirement shall prevail. The following requirements shall not apply to village center signs, which are regulated pursuant to § 297-322C of this chapter.

(1) Signs shall be constructed of high-quality, durable materials such as brick, cut stone, cast stone, cast metals, stainless steel, aluminum, carved wood, or other similar materials.

(2) Signs shall not be constructed of painted plywood, plastic panels, plastic banners covering old signs, or other temporary or nondurable materials.

(3) Any sign that is illuminated shall be lit by external lighting fixtures only. External lighting fixtures used to illuminate signage shall be full cutoff fixtures to reduce sky glow and glare. The only exception is LED signs, which shall comply with the general sign regulations contained in Article XIX.

(4) Pole-mounted commercial signs are not permitted. A nonresidential use may have one single, double-sided monument sign per street frontage, not to exceed 25 square feet in area and five feet in height. Monument signs shall have attractive landscaping at the base of the sign. Landscaping shall use native plant species and shall not block sight distance.

(5) In addition to the lighting standards of § 297-306, freestanding lighting fixtures shall be a maximum of 16 feet in height to the top of the light fixture and pole combined.

G. Residential subdivisions. Residential subdivisions are permitted within the Core, Gateway and Residential Subzones. The lot size, setback and other requirements for each subzone are established in Figure VI-12.[7] In addition, the following design standards apply:

(1) If a property is subdivided that has a structure listed on the Maryland Inventory of Historic Properties, the lot created for the historic structure should encompass an adequate yard area to preserve the historic setting of the structure.

(2) The front facade of each new dwelling shall face the street providing access to the dwelling.

(3) Garages.

(a) Detached garages are preferred. Detached garages shall be located in the rear yard.

(b) Attached garages are permitted, provided the garage entrance faces to the side or rear, or if front facing, is recessed at least five feet from the primary front facade of the dwelling. Within existing subdivisions, new garages may vary from this standard to conform to the pattern of existing garages within the subdivision.

(4) Open space.

(a) Open space requirement. Open space required by the Schedule of Zone Regulations shall be provided in accordance with Article VI of the Charles County Subdivision Regulations.[8] Required open space shall be provided as follows:

[1] On site. Required open space shall be provided within the subdivision that results in the open space requirement; or

[2] Off site. The Planning Director may approve the off-site location of open space within the Hughesville Village Zone to satisfy the open space requirement.

[8] Editor's Note: See § 278-58 et seq.

(b) Open space design. At least 50% of required open space shall be usable open space in one or more of the following forms, as appropriate for the particular area of Hughesville:

[1] Park: large open spaces used for recreation, and including such features as trails and paths, pavilions, picnic areas, open lawns, playing fields, and trees.

[2] Square: formally arranged open space area available for unstructured recreation and civic purposes. Its edges are defined by building or street edges, and it serves as a central focus for surrounding properties. Its landscape consists of paths, lawns, and trees. A square may be from 1/4 of an acre to two acres in size.

[3] Playground: a green space designed and equipped for children's recreation, occupying at least 2,500 square feet on an open space site of at least 1/8 of an acre.

[4] Green: an informal open space available for unstructured recreation, between 1/4 of an acre and six acres. Its landscaping consists of lawn and trees.

[5] Greenways with paths: corridors of protected open space managed for conservation and recreation, often following natural land or water features. They separate the walking and cycling public from vehicular traffic patterns.

[6] Environmentally sensitive design/stormwater management facilities (as defined in the Stormwater Management Ordinance[9]) and associated access driveways shall not be included within the usable open space.

[9] Editor's Note: See Ch. 274, Stormwater Management.

(5) Examples of subdivision layout. The elements of subdivision layout shown in Figure VI-12 are appropriate to the Hughesville Village Zone and, although not required, are preferred.

[7] Editor's Note: Figure VI-12: Appropriate Subdivision Layouts, is included as an attachment to this chapter.

H. Standards specific to Core and Gateway Subzones.

(1) Permitted uses based upon street frontage. The category of land use permitted on lots within the Core and Gateway Subzones depends upon the property's street frontage.

(a) Lots having frontage on Old Leonardtown Road or MD Route 231 shall be developed and used only for nonresidential use or mixed use buildings. Existing single-family detached dwellings may remain as provided in § 297-465E and furthermore may be expanded without compliance with the maximum front yard requirement established in Figure VI-14, Schedule of Zone Regulations.[10]

[10] Editor's Note: The Schedule of Zone Regulations: Hughesville Village Zone, Figure VI-14, is included as an attachment to this chapter.

(b) Proposed subdivisions shall indicate the intended use of lots along proposed new streets within the Core and Gateway Subzones: either residential or nonresidential/mixed use. Lots shall be restricted to the category of land use indicated on the approved subdivision plat.

(2) Building setbacks.

(a) Front building facades shall be located between the required minimum and maximum front setbacks established in Figure VI-14, Schedule of Zone Regulations.[11]

[11] Editor's Note: The Schedule of Zone Regulations: Hughesville Village Zone, Figure VI-14, is included as an attachment to this chapter.

(b) Existing structures with larger front setbacks than the required maximum front setback may be expanded without bringing the building into compliance with the setback. The structure may be expanded to reduce the nonconformity as provided in § 297-465F. In addition, if an expansion would reasonably be placed to the side or rear of the existing structure due to its function (such as storage or utility area), it does not need to reduce the nonconformity. Building additions for customer or public access shall include improvements to pedestrian access from the public street.

(3) Structures on corner lots are required to comply with the maximum front setback only from one street frontage.

(4) Height.

(a) Maximum floor-to-ceiling height for the ground floor: 16 feet.

(b) Maximum floor-to-ceiling height for each story above the ground floor: 12 feet.

(c) In the Hughesville Village Gateway Zone, buildings may be divided into a front and rear portion. The portion closest to the public street right-of-way shall be at least 40 feet deep from the primary building facade and meet the height standards in Subsection H(4)(a) and (b) above. The rear portion may include a higher one-story section, with maximum height of 30 feet.

(5) Front yard areas. The front yard between the street right-of-way and the building facade shall be used for sidewalks, landscaping, public seating, outdoor dining, or other pedestrian-oriented features that enhance and contribute to the streetscape. The front yard may include environmentally sensitive design/stormwater management facilities (as defined in the Stormwater Management Ordinance[12]) if the location and planting enhance and contribute to the streetscape.

[12] Editor's Note: See Ch. 274, Stormwater Management.

(6) Floor area of businesses.

(a) No individual business in the Core Subzone shall occupy more than 15,000 square feet of floor area per level (floor) of a building.

(b) No individual business in the Gateway Subzone shall occupy more than 40,000 square feet of floor area per level (floor) of a building.

(c) These limits shall not apply to businesses within historic structures or sites that are listed on the Maryland Inventory of Historic Properties and that are historic sites designated in accordance with § 297-524.

(7) Parking requirements.

(a) The minimum parking spaces required by Article XX may be reduced by up to 50% for nonresidential uses if the Planning Director finds, based on information submitted with a site plan application, that there is an adequate supply of shared and on-street parking spaces in the vicinity of the use. The Planning Director may approve additional parking reductions for historic sites designated in accordance with § 297-524.

(b) On-street parking along the site frontage on the same side of the street shall be credited towards parking requirements for nonresidential uses.

(c) Off-street parking shall be located to the rear or side of buildings. For parking located in a side yard, the parking spaces and drive aisles shall be at least five feet to the rear of the front building facade.

(d) Off-site parking is subject to the provisions of § 297-341 for satellite parking, except as modified below:

[1] Off-site parking within 1/4 mile of the site and linked to the site by sidewalks or pathways may be credited towards the required parking.

[2] The off-site parking must be in the Core, Gateway or Employment Subzone.

(e) Shared parking, shared entrances and cross-access to adjacent parcels are encouraged.

(8) Landscaping along street frontage. Landscaping shall comply with Articles XXI and XXII, except as modified below.

(a) In the Gateway Subzone, if the building is set back 10 or more feet from the public street right-of-way, landscaping shall be provided between the building and the street consisting of at least two canopy trees, four understory trees, and 20 shrubs per 100 feet of street frontage.

(b) Where parking areas are located to the side of a building, a landscape area shall be provided between the street right-of-way and the parking area. In lieu of the parking area perimeter landscaping requirements of § 297-358, the following shall be required:

[1] In the Core Subzone, a landscape area at least six feet in width, with a minimum of one canopy tree and six shrubs per 35 linear feet of parking lot frontage on a public street, excluding driveway openings.

[2] In the Gateway Subzone, a landscape area at least 12 feet in width, with a minimum of one canopy tree, two understory trees, and 10 shrubs per 35 feet of parking lot frontage on a public street, excluding driveway openings.

(c) Lots used solely for parking shall provide a twelve-foot-wide landscape area along the street right-of-way in both the Core and Gateway Subzones, with landscaping as required above for the Gateway Subzone.

(d) The landscaped area may include environmentally sensitive design/stormwater management facilities (as defined in the Stormwater Management Ordinance[13]) if compatible with the overall landscape plan.

[13] Editor's Note: See Ch. 274, Stormwater Management.

(9) Core and Gateway Subzone residential subdivision: See standards in § 297-99G.

I. Standards specific to Residential Subzone.

(1) See standards for new subdivision in § 297-99G.

(2) Infill. To ensure that new dwellings are compatible with the character of established neighborhoods, the following requirements apply to new dwellings on subdivision streets developed prior to the adoption of the Hughesville Village Zone:

(a) The front setback of new dwellings shall be consistent with the established setback line, where one exists, generally not varying by more than 25% from the average front setback of existing dwellings on the same side of the street and within the same block.

(b) New dwellings shall be proportional in scale with existing dwellings, generally not varying by more than 25% from the average front facade width of dwellings on the same side of the street and within the same block.

(c) Where a new subdivision extends or adds new lots along an existing public street, the new lots shall be designed as compatible extensions of the lot pattern along the existing street.

J. Standards specific to Employment Subzone. The following standards apply to properties in the Employment Subzone that have frontage on Old Leonardtown Road or MD Route 231, in addition to the applicable provisions of the architectural and site design guidelines and standards:

(1) A landscaped buffer shall be provided along the street frontage as required for the Gateway Subzone [see § 297-99H(8)].

(2) Garage bay entrances shall not face Old Leonardtown Road or MD Route 231. Bay entrances on a side wall shall be set back at least 15 feet from the front facade.

(3) Fences and walls visible from the street shall be made of high-quality, attractive materials such as brick, stone, finished decorative concrete, and wrought iron or other decorative metals.

(4) Fleet parking, outdoor storage, loading, mechanical equipment and outdoor operations areas shall be located in a rear yard and screened from the street by buildings whenever possible. When not screened by a building, such uses shall be screened by a Type D bufferyard.

K. Existing structures and uses. The Hughesville Village Zone is intended to allow for the continuance of existing uses, while the objectives of the zone are gradually realized through adaptive reuse, infill, redevelopment and expansion. Figure VI-13[14] establishes thresholds at which the requirements of this section shall be applied to proposed development. Any request for expansion or extension of a nonconforming use shall first comply with the provisions and processes established in Article XXVIII (Nonconforming Uses) of this chapter. Expansions or renovations shall comply with the standards of this section except as established by Figure VI-13.

[14] Editor's Note: Figure VI-13, Thresholds and Applicability of Standards, is included as an attachment to this chapter.

L. Permitted uses. Figure VI-15 establishes permitted uses in the Hughesville Village Subzones.[15] If a use is permitted subject to conditions or permitted by special exception, then the conditions established in § 297-212 shall apply to the use.

[15] Editor's Note: The Table of Permitted Uses for the Hughesville Village Zone, Figure VI-15, is included as an attachment to this chapter.

§ 297-100 (Reserved)