The Low Density Residential District is designed primarily to accommodate single-family detached housing at low densities. Some community service uses, institutional uses, and home occupations may be permitted as stipulated by this chapter. Certain uses are subject to performance standards (PS) specified in Article VI of this chapter.
A.
Principal permitted uses.
(2)
Retail trade/commercial/services.
(a)
Existing commercial or industrial uses and structures in the
R-1 Low Density Residential District. It is the intent of this section
to provide for the continued existence and operation as well as the
reasonable expansion of commercial and industrial uses which exist
in the R-1 Low Density Residential District, provided that such uses
or structures do not constitute a nuisance or a source of significant
environmental pollution. It is not the intent hereof to allow the
creation of new commercial or industrial uses which are not permitted
under this section, but rather to protect those enterprises which
existed in the R-1 Low Density Residential District as of the date
of the enactment of the Zoning Ordinance. Any expansion consistent
with this section will require site plan review.
[Added 8-14-2003 by Ord.
No. 2003-04]
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to additional performance standards (PS) which are specified in Article VI of this chapter.
(1)
Accessory uses, as follows, on a farm of 10 acres or more:
(a)
Accessory structures for the sale or processing of farm products
raised on the premises.
(b)
Accessory open or enclosed storage of farm materials, products
or equipment.
(c)
Accessory farm structures, including barns, stables, sheds,
tool rooms, shops, bins, tanks, and silos.
(d)
Dwellings for persons permanently employed on the premises.
(e)
Accessory trailers, one on farms. These units shall share a
common entrance and shall be occupied by permanent employees of the
farm or immediate members of the family owning or operating the farm.
All accessory farm dwellings shall be landscaped and screened from
adjacent properties.
(2)
Boat docks and boathouses (PS). This use is subject to performance standards as specified in Article VI of this chapter.
(3)
Domestic storage in the main structure or in an accessory structure.
(4)
Garages, private. A garage used for storage purposes only and
having a capacity of not more than four automobiles or not more than
two automobiles per family housed in the structure to which the garage
is accessory, whichever is the greater. Space therein may be used
for not more than one commercial vehicle of not more than 10,000 pounds
gross vehicle weight, and space may be rented for not more than two
vehicles to persons other than occupants of the structures to which
such garage is accessory.
[Amended 9-10-2009 by Ord. No. 2009-02]
(5)
Home occupations/cottage industry (PS). This use is subject to performance standards as specified in Article VI of this chapter.
(6)
The keeping of small animals, insects, reptiles, fish, or birds,
but only for personal enjoyment or household use and not as a business.
(7)
Playhouses, without plumbing, with floor area limited to 150
square feet and headroom limited to five feet.
(8)
The storage of a boat not exceeding 25 feet in length, a boat
trailer, a camp trailer, or a recreational vehicle, but not in a front
yard.
(9)
Swimming pools and game courts, lighted or unlighted, for the use of occupants or their guests (PS). This use is subject to performance standards as specified in Article VI of this chapter.
(10)
Temporary structures (PS). This use is subject to performance standards as specified in Article VI of this chapter.
(11)
Accessory off-street parking and loading spaces: an open or
enclosed space for parking one commercial vehicle of not more than
10,000 lbs. gross vehicle weight and used by the occupant of a dwelling.
(12)
ECHO housing (PS). This use is subject to performance standards as specified in Article VI of this chapter.
(13)
Cemeteries when accessory to a church, provided that no graves
or burial lots shall be located in a required yard.
(14)
Satellite receiving dishes, ground-mounted (PS). This use is subject to performance standards as specified in Article VI of this chapter.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Cemeteries (PS).
(b)
Hospitals and sanitariums, but not animal hospitals.
(c)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(d)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
R-1 Low Density Residential District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)*
|
Lot Width Minimum
(feet)
|
Lot Area Per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential uses
|
10,500
|
75
|
10,500
|
30
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10**
|
30**
|
30**
|
20
1 1/2 Stories
| ||||
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Unless otherwise provided in this chapter.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
The Mixed Residential District (MRD) is designed primarily to accommodate single-family housing at medium densities, including attached units with appropriate design and buffering. On parcels of 10 acres or less, the housing type shall be low-density single-family detached on a lot of at least 10,500 square feet. On parcels over 10 acres, a mixed-use development is allowed subject to the requirements of § 225-5-2A(2) of this article. Special design requirements for this district are contained in Article VI of this chapter.
A.
Principal permitted uses.
(2)
Mixed residential developments.
(a)
Mixed residential developments taking advantage of the following
mixed housing type and mixed lot size provisions are permitted only
on tracts over 10 acres located within an R-2 Zoning District.
(b)
Permitted types of residential uses within a qualifying mixed
residential development include single-family detached dwellings,
duplex dwellings, triplex dwellings, and townhouses. At least 50%
of the total number of dwelling units must be single-family detached
residences on lots of at least 10,500 square feet. No more than 40%
of the total number of dwelling units may be single-family detached
dwellings on lots of 9,500 square feet or greater or duplex dwellings
on lots of 5,000 square feet or greater. No more than 10% of the total
number of dwelling units may be triplex or townhouse residences on
lots of 5,000 square feet or greater.
(c)
To the extent practicable, the duplex, triplex, and townhouse
portions of a mixed-use development shall be developed more toward
the interior rather than the periphery of the tract so that the single-family
residences border adjacent properties.
(3)
Open space incentive.
(a)
The purpose of this incentive is to provide flexibility, consistent
with the public health and safety and without increasing overall density,
to the developer who subdivides property and constructs structures
on the lots created in accordance with a unified and coherent plan
of development.
(b)
This provision authorizes a developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the number of dwelling units beyond what would be permissible if the land were subdivided into the size of lots required by § 225-5-2A(2).
(c)
In any qualifying R-2 development, a developer may create lots that are smaller than those required in § 225-5-2A(2) if such developer complies with the following and if the lots so created are not smaller than the minimums set forth in the following table:
|
Dwelling Type
|
Minimum Lot Size Per Dwelling Unit
(square feet)
|
|---|---|
|
Single-family
|
9,000
|
|
Duplex
|
4,500
|
|
Triplex
|
4,500
|
|
Townhouse
|
4,500
|
(d)
The amount of usable open space that must be set aside shall
be determined by:
[1]
Subtracting from the standard square footage requirement set forth in § 225-5-2B(1) the amount of square footage of each lot that is smaller than that standard;
[2]
Adding together the results obtained in Subsection A(3)(d)[1] for each lot.
(e)
These provisions shall only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition of usable open space set forth in Article XIV. At least 50% of the required open space shall be contained as a single visually identifiable area exclusive of connecting corridors or pathways, and in no case be less than 50 feet in width nor 5,000 square feet in area.
(f)
The setback requirements of this district shall apply in a qualifying
mixed-use development using smaller lot sizes.
(4)
Affordable housing incentive. To encourage the production of
affordable housing, the maximum number of dwelling units permitted
in any R-2 area may be increased by 10%, subject to the following:
(a)
At least 10% of the total dwelling units of the qualifying project
must be rented or sold as affordable housing units.
(b)
The applicant shall guarantee that the minimum number of dwelling
units proposed for eligibility will be made available for rent or
sale pursuant to income, rental, and sales price guidelines certified
by the Maryland Community Development Administration. The applicant
shall cooperate with the Maryland, Community Development Administration
to identify qualifying households.
(c)
The project is not otherwise subsidized by federal or state
programs used to finance development or provision of affordable housing.
(d)
All affordable housing units shall be integrated into the overall
design of the development and shall be intermixed throughout the development
with exterior materials and appointments not differing from those
of the other units in the project.
(e)
Developers of affordable housing shall be required to ensure
that the dwelling units will continue to be available for rental or
sale to persons of qualifying income levels for such minimum period
of time as is set forth in any applicable program, or as may be required
by the Town. Acceptable forms of assurance include provisions for
acquisition of the units by a nonprofit or government housing agency,
restriction on the resale of units, use of management agreements,
or by other means acceptable to the Town.
(f)
When adding affordable housing dwelling units, a developer may
create lots that are smaller than those required in the Table of Lot
Area, Width, Height, and Yard Requirements for the R-2 District if
the lots so created are not smaller than the minimums set forth in
the following table:
|
Dwelling Type
|
Minimum Lot Size Per Dwelling Unit
(square feet)
|
|---|---|
|
Single-family
|
9,000
|
|
Duplex
|
4,500
|
|
Triplex
|
4,500
|
|
Townhouse
|
4,500
|
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
(1)
Any accessory use permitted in the R-1 Low Density Residential
District. Townhouses are not permitted to have accessory uses except
community-owned swimming pools, pool houses including restrooms, and
domestic storage in an accessory structure.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the District regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Cemeteries (PS).
(b)
Hospitals and sanitariums, but not animal hospitals.
(c)
Institutions, educational or philanthropic, including museums
and art galleries.
(d)
Limited retail uses in MRD developments of 50 dwelling units
or more at the rate of 2,400 square feet of floor area for every 50
dwelling units. If the development contains 101 or more dwelling units,
then one acre of land for every 100 dwelling units may be used for
limited convenience retail purposes (PS).
(e)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(f)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
[Amended 6-14-2007 by Ord. No. 2007-02]
|
R-2 Mixed Residential District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet*)
|
Lot Width Minimum
(feet)
|
Lot Area Per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yard Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential Uses
| ||||||||
|
10 acres or less
|
10,500
|
75
|
10,500
|
30****
|
10
|
30
|
30
|
30
|
|
Over 10 acres
| ||||||||
|
Single-family detached
|
9,500
|
70
|
9,500
|
30****
|
10
|
25
|
30
|
30
|
|
Duplex
|
40
|
5,000
|
30****
|
0.(1)
|
12
|
30
|
30
| |
|
Triplex
|
40
|
5,000(3)
|
30****
|
0
|
12
|
30
|
30
| |
|
Townhouse (PS)
|
PS
|
PS
|
5,000
|
30****
|
10**
|
30
|
30
|
30
|
|
Group homes (PS)
|
12,500
|
75
|
12,500
|
30****
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30****
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 stories
| ||||
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet.
|
|
***
|
Unless otherwise provided in this chapter.
|
|
(1)
|
"0" Lot line where units abut. No side yard requirement for
middle unit of triplex.
|
|
(2)
|
Minimum 28 feet width for center lot.
|
|
(3)
|
Minimum 3,500 square feet for middle unit.
|
|
****
|
The Town Council, after receiving a recommendation from the
Planning Commission, may reduce the front yard depth of a proposed
residential construction project where doing so will enable a design
in harmony with the overall community, provided that such reduction
in the front yard depth will not conflict with the preexisting streetscape
where the proposed project is to be constructed, but in no event shall
the front yard depth be reduced to less than 15 feet.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
High Density Residential is designed primarily to accommodate high-density housing with appropriate design, open space provisions, and buffering. Certain uses are subject to performance standards (PS) specified in Article VI of this chapter.
A.
Principal permitted uses.
(2)
Open space incentive.
(a)
The purpose of this incentive is to provide flexibility, consistent
with the public health and safety and without increasing overall density,
to the developer who subdivides property and constructs structures
on the lots created in accordance with a unified and coherent plan
of development.
(b)
This provision authorizes a developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the number of dwelling units beyond what would be permissible if the land were subdivided into the size of lots required in the Table of Lot Area, Width, Height, and Yard Requirements in § 225-5-3D.
(c)
In any R-3 development, a developer may create lots that are
smaller than those required in the Table of Lot Area, Width, Height,
and Yard Requirements if such developer complies with the following
and if the lots so created are not smaller than the minimums set forth
in the following table:
|
Dwelling Type
|
Minimum Lot Size per Dwelling Unit
(square feet)
|
|---|---|
|
Single-family
|
8,500
|
|
Duplex
|
4,500
|
|
Triplex
|
4,500
|
|
Townhouse
|
4,500
|
(d)
The amount of usable open space that must be set aside shall
be determined by:
[1]
Subtracting from the standard square footage requirement set forth in § 225-5-3D the amount of square footage of each lot that is smaller than that standard;
[2]
Adding together the results obtained in Subsection A(2)(d)[1] for each lot.
(e)
These provisions shall only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition of usable open space set forth in Article XIV. At least 50% of the required open space shall be contained as a single visually identifiable area exclusive of connecting corridors or pathways, and in no case be less than 50 feet in width nor 5,000 square feet in area.
(f)
The setback requirements of this district shall apply in a qualifying
mixed-use development using smaller lot sizes.
(3)
Affordable housing incentive. To encourage the production of
affordable housing, the maximum number of dwelling units permitted
in any R-3 area may be increased by 10%, subject to the following:
(a)
At least 10% of the total dwelling units of the qualifying project
must be rented or sold as affordable housing units;
(b)
The applicant shall guarantee that the minimum number of dwelling
units proposed for eligibility will be made available for rent or
sale pursuant to income, rental, and sales price guidelines certified
by the Maryland Community Development Administration. The applicant
shall cooperate with the Maryland Community Development Administration
to identify qualifying households.
(c)
The project is not otherwise subsidized by federal or state
programs used to finance development or provision of affordable housing.
(d)
All affordable housing units shall be integrated into the overall
design of the development and shall be intermixed throughout the development
with exterior materials and appointments not differing from those
of the other units in the project.
(e)
Developers of affordable housing shall be required to ensure
that the dwelling units will continue to be available for rental or
sale to persons of qualifying income levels for such minimum period
of time as is set forth in any applicable program, or as may be required
by the Town. Acceptable forms of assurance include provisions for
acquisition of the units by a nonprofit or government housing agency,
restriction on the resale of units, use of management agreements,
or by other means acceptable to the Town.
(f)
When adding affordable housing dwelling units, a developer may
create lots that are smaller than those required in the Table of Lot
Area, Width, Height, and Yard Requirements for the R-3 District if
the lots so created are not smaller than the minimums set forth in
the following table:
|
Dwelling Type
|
Minimum Lot Size per Dwelling Unit
(square feet)
|
|---|---|
|
Single-family
|
8,500
|
|
Duplex
|
4,500
|
|
Triplex
|
4,500
|
|
Townhouse
|
4,500
|
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
(1)
Any accessory use permitted in the R-1 Low Density Residential
District. Townhouses are not permitted to have accessory uses except
community-owned swimming pools, pool houses including restrooms, and
domestic storage in an accessory structure.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Cemeteries (PS).
(b)
Hospitals and sanitariums, but not animal hospitals.
(c)
Institutions, educational or philanthropic, including museums
and art galleries.
(d)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(e)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
R-3 High Density Residential District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)*
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential Uses:
| ||||||||
|
Single-family detached
|
9,000
|
70
|
9,000
|
30
|
10
|
25
|
30
|
30
|
|
Duplex
|
40
|
5,000
|
30
|
0(1)
|
12
|
30
|
30
| |
|
Triplex
|
40(2)
|
5,000(3)
|
30
|
0(1)
|
12
|
30
|
30
| |
|
Townhouse (PS)
|
PS
|
PS
|
5,000
|
30
|
10**
|
30
|
30
|
30
|
|
Group homes (PS)
|
12,500
|
75
|
12,500
|
30
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 stories
| ||||
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet.
|
|
***
|
Unless otherwise provided in this chapter.
|
|
(1)
|
"O" lot line where units abut. No side yard requirement for
middle unit of triplex.
|
|
(2)
|
Minimum 28 width for center lot.
|
|
(3)
|
Minimum 3,500 square feet for middle unit.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
The Community Commercial District is designed to accommodate local business, institutional, and service establishments meeting the needs of a relatively small area, primarily nearby low-density or medium-density residential neighborhoods. Certain uses are subject to performance standards (PS) specified in Article VI of this chapter.
|
NOTE:
| |
|---|---|
|
1.
|
All commercial uses in this district are required to provide
a visual buffer from adjacent residential uses.
|
|
2.
|
Commercial structures in excess of 5,000 square feet are not
permitted in the C-1 District.
|
|
3.
|
Parking spaces or parking lot drive aisles shall not be closer
than 10 feet to the front property line in this district.
|
A.
Principal permitted uses.
(2)
Retail trade/commercial/services.
(a)
Automatic ice-distribution stations or other drive-in automatic
vending machine stations.
(b)
Banks, drive-in or otherwise, so long as driveway space shall
be provided off the street for all vehicles waiting for drive-in service
(PS).
(c)
Bakeries occupying no more than 2,500 square feet of floor area.
(d)
Barbershops and beauty parlors.
(e)
Bed-and-breakfast establishments (PS).
(f)
Bicycle sales and repair shops.
(g)
Child day care with 11 or more children under care (PS).
(h)
Clinics, medical.
(i)
Dry-cleaning and pressing pickup stations or shops occupying
not more than 2,500 square feet of floor area and using no cleaning
fluid whose base is petroleum or one of its derivatives.
(j)
Flower shops and greenhouses incidental thereto.
(k)
Frozen food lockers for individual or family use.
(l)
Hospitals and clinics for small animals, dogs, cats, birds,
and the like, provided that such hospital or clinic and any treatment
rooms, cages, pens, or kennels be maintained within a completely enclosed,
soundproof structure and that such hospital or clinic be operated
in such a way as to produce no objectionable noise or odors outside
its walls.
[1]
Any outdoor area used as dog runs must be 200 feet from any
property line.
(m)
Laundromats and self-service dry-cleaning establishments.
(n)
Laundries occupying not more than 2,500 square feet of floor
area.
(o)
Offices, general business and professional.
(p)
Restaurants, drive-in or otherwise (PS).
(q)
Shoe repairing shops occupying not more than 2,500 square feet
of floor area.
(r)
Shops for the sale, service, or repair of home appliances, office
machines, electrical equipment and television and radio equipment
and occupying not more than 2,500 square feet of floor area.
(s)
Stores and shops for the conduct of retail business, including
the sale of accessories, antiques, apparel, appliances, beverages,
books, carpets, drugs, fabrics, food, furniture, general merchandise,
hardware, garden supplies, hobby supplies, jewelry, office supplies,
paint, sporting goods, and stationery and similar stores and shops.
(t)
Telephone stations or booths, including drive-in or talk-from-car
stations.
(u)
Undertaking businesses or establishments and funeral homes.
(v)
Studios for artists, photographer, teachers, sculptors and musicians.
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Cemeteries (PS).
(b)
Hospitals and sanitariums, but not animal hospitals.
(c)
Institutions, educational or philanthropic, including museums
and art galleries.
(d)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(e)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
(f)
Rental shop for hand tools and small motorized garden and construction
equipment (not including heavy construction or paving equipment),
i.e., chippers, generators, snow blowers, small backhoes to be located
on a parcel of at least 1/2 acre in size, not having road frontage
on Route 20 or Main Street and not being located within any 100-foot
flood protection setback as delineated on the Floodway Map.
[Added 10-8-1998 by Ord.
No. 98-07]
(g)
Material storage yard on a parcel of at least 1/2 acre in size,
not having road frontage on Route 20 or Main Street and not being
located within any 100-foot flood protection setback as delineated
on the Floodway Map, provided all products and materials used or stored
are in a completely enclosed structure or enclosed by a masonry wall,
screening, fence or hedge not less than six feet in height. The storage
of all materials shall not exceed the height of the wall. The storage
of cars and trucks used in connection with the permitted trade or
business is permitted within the walls or screen, but not including
the storage of heavy equipment, such as road building or excavating
equipment.
[Added 10-8-1998 by Ord.
No. 98-07]
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
C-1 Community Commercial District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)*
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential Uses
|
10,500
|
75
|
10,500
|
30
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 stories
| ||||
|
Retail trade/commercial services (PS)
|
30
|
**
|
30
|
30
| ||||
|
Amusements: private clubs, lodges, meeting halls (PS)
|
30
|
**
|
30
|
30
| ||||
|
Motor vehicle and related services: filling stations
|
30
|
**
|
30
|
30
| ||||
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet and the rear yard 30 feet.
|
|
***
|
Unless otherwise provided for in this chapter.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities, generally serving a wide area, generating high volumes of vehicular traffic, and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, the open storage of material other than retail stock or the nuisance factors of dust, odor, and noise associated with manufacturing. Certain uses are subject to performance standards (PS) specified in Article VI of this chapter.
A.
Principal permitted uses.
(2)
Retail trade/commercial/services (PS).
(a)
Any use permitted in the C-1 Community Commercial District,
with commercial structures up to 10,000 square feet permitted.
(b)
Bakeries occupying not more than 5,000 square feet of floor
area.
(c)
Bed-and-breakfast establishments (PS).
(d)
Boat and boat trailer sales and storage, but not marinas.
(e)
Commercial greenhouses.
(f)
Hotels, motels, and motor lodges (PS).
(g)
Lawnmower and yard and garden equipment sales, service, rental,
and repair.
(h)
Monument sales establishments with incidental processing to
order, but not including the shaping of headstones.
(i)
Printing, publishing and engraving establishments.
(j)
Radio and television stations and studios and recording studios, but not towers more than 125 feet in height, except as provided in Article IX.
(k)
Schools for industrial training, trade, or business.
(l)
Trailer or mobile home sales and storage, but not a trailer
park.
(m)
Wholesale establishments with not more than 2,500 square feet
of accessory storage per establishment.
(4)
Amusements.
(a)
Amusement places and theaters, except open-air drive-in theaters.
Amusement places include bowling alleys, dance halls subject to applicable
Town regulations, skating rinks, swimming pools, miniature golf courses,
billiard or pool parlors, indoor model racing tracks, and similar
activities.
(b)
Archery ranges.
(c)
Golf driving ranges.
(d)
Private recreation areas, not for commercial purposes (PS).
(e)
Private clubs, lodges, and meeting halls (PS).
(5)
Industrial (PS).
(a)
Dyeing and cleaning works or laundries, plumbing and heating
shops, upholstering shops not involving furniture manufacture, tire
sales and service, appliance repairs and general service and repair
establishments similar in character to those listed in this subsection,
provided that no outside storage of materials is permitted and further
provided that no use permitted in this subsection shall occupy more
than 6,000 square feet of floor area.
(6)
Motor vehicle/related services (PS).
(a)
Automobile parking lots and structures.
(b)
Automobile and truck sales, service, and repair but not major
body or fender repair, auto salvage, or junk, and provided that any
major repair or storage of equipment, materials, or damaged vehicles
shall be inside a completely enclosed structure.
(c)
Car washes and automobile laundries, automatic or otherwise,
providing reservoir space for not fewer than five vehicles for each
washing lane.
(d)
Farm implement sales, service, rental, and repair, but not salvage
or junk, and provided that major repair of storage of materials or
damaged or unusable implements or vehicles shall be inside a completely
enclosed structure.
(e)
Filling stations, so long as the bulk storage of flammable liquids
is underground (PS).
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
(1)
Any accessory use permitted in the R-1 High Density Residential
District.
(2)
Telephone booths.
(3)
Material storage yards, in connection with a permitted use where
storage is incidental to the approved occupancy of the structure,
provided that all products and materials used or stored are in a completely
enclosed structure or enclosed by a masonry wall, screening, fence
or hedge not less than six feet in height. The storage of all materials
and equipment shall not exceed the height of the wall. The storage
of cars and trucks used in connection with the permitted trade or
business is permitted within the walls or screen, but not including
the storage of heavy equipment, such as road-building or excavating
equipment.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Animal hospitals, with any open pens at least 200 feet from
any residential district.
(b)
Bus terminals.
(c)
Cemeteries (PS).
(d)
Commercial structures over 10,000 square feet.
(e)
Drive-in theater (PS).
(f)
Exposition centers and fairgrounds.
(g)
Heliports.
(h)
Hospitals and sanitariums.
(i)
Institutions, educational or philanthropic, including museums
and art galleries.
(j)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(k)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
C-2 Highway Commercial District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)*
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential Uses:
Single-family detached
|
10,500
|
75
|
10,500
|
30
|
10
|
30
|
30
|
30
|
|
Housing for the elderly
| ||||||||
|
Group homes (PS)
|
12,500
|
75
|
12,500
|
30
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 stories
| ||||
|
Retail Trade/commercial services (PS)
|
50
|
**
|
30
|
30
| ||||
|
Amusements
|
50
|
**
|
30
|
30
| ||||
|
Industrial (PS)
|
50
|
**
|
50
| |||||
|
Motor vehicle and related services
|
50
|
**
|
30
|
30
| ||||
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet.
|
|
***
|
Unless otherwise provided for in this chapter.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
The purpose of this district is to encompass the retail, service, and office core of the central business district, permitting a wide variety of uses providing basic goods and services to the community and to the surrounding region. General manufacturing, warehousing and other uses which tend to generate heavy truck traffic and require open storage of materials or equipment are prohibited. In recognition of the "downtown" character of the district, yard regulations are kept to a minimum in order to encourage compact and efficient commercial development. Certain uses are subject to performance standards (PS) specified in Article VI of this chapter.
A.
Principal permitted uses.
(2)
Retail trade/commercial/services (PS).
(a)
Any use permitted in the C-1 Community Commercial District,
with commercial structures up to 10,000 square feet permitted.
(b)
Bakeries occupying not more than 5,000 square feet of floor
area.
(c)
Bed-and-breakfast establishments (PS).
(d)
Child day-care with 11 or more children under care (PS).
(e)
Hotels, motels, and motor lodges (PS).
(f)
Lawnmower and yard and garden equipment sales, service, rental,
and repair.
(g)
Monument sales establishments with incidental processing to
order, but not including the shaping of headstones.
(h)
Printing, publishing and engraving establishments.
(i)
Radio and television stations and studios and recording studios,
but not towers.
(j)
Schools for industrial training, trade, or business.
(k)
Wholesale establishments with not more than 2,500 square feet
of accessory storage per establishment.
(4)
Amusements.
(a)
Private recreation areas, not for commercial purposes.
(b)
Private clubs, lodges, and meeting halls.
(c)
Amusement places and theaters, except open-air drive-in theaters.
Amusement places include bowling alleys, dance halls subject to applicable
Town regulations, skating rinks, swimming pools, miniature golf courses,
billiard or pool parlors, indoor model racing tracks, and similar
activities.
(6)
Motor vehicle/related services (PS).
(a)
Automobile parking lots, at-grade only.
(b)
New automobile and truck sales, service, and repair but not
major body or fender repair, auto salvage, or junk, and provided that
any major repair or storage of equipment, materials, or damaged vehicles
shall be inside a completely enclosed structure.
(c)
Car washes and automobile laundries, automatic or otherwise,
providing reservoir space for not fewer than five vehicles for each
washing lane.
(d)
Filling stations, so long as the bulk storage of flammable liquids
is underground (PS).
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
(1)
Any accessory use permitted in the R-1 Low Density Residential
District.
(2)
Telephone booths.
(3)
Used car sales and storage lots, but only as an accessory use
to an authorized new car sales agency.
(4)
Dwelling as accessory to any business use, provided not more
than one dwelling unit for every 2,000 square feet of nonresidential
space and subject to a maximum of four dwelling units, each with a
minimum of 600 square feet of floor area or not more than one dwelling
unit in structures with less than 2,000 square feet of nonresidential
floor area, with a minimum dwelling unit floor area of 600 square
feet.
[Amended 6-8-2006 by Ord.
No. 2006-03]
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Bus terminals.
(b)
Hospitals and sanitariums.
(c)
Housing for the elderly not to exceed 30 dwelling units per
acre (PS).
(d)
Institutions, educational or philanthropic, including museums
and art galleries.
(e)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(f)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
[Amended 6-12-2003 by Ord. No. 2003-02]
|
C-3 Town Center Commercial District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)*
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential Uses:
| ||||||||
|
Single-family detached
|
8,000
|
70
|
8,000
|
30
|
10
|
25
|
30
|
30
|
|
Townhouse (PS)
|
PS
|
PS
|
5,000
|
30
|
10**
|
30
|
30
|
30
|
|
Group homes (PS)
|
12,500
|
75
|
12,500
|
30
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
10
|
0 unless abutting a residential district when the least width
side yard shall be 25 feet and the rear yard 30 feet
|
0 unless abutting a residential district when the least width
side yard shall be 25 feet and the rear yard 30 feet
|
0 unless abutting a residential district when the least width
side yard shall be 25 feet and the rear yard 30 feet
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 Stories
| ||||
|
Retail trade/commercial services (PS)
|
**
|
**
|
40
| |||||
|
Amusements
|
**
|
**
|
40
| |||||
|
Motor vehicle and related services
|
**
|
**
|
40
| |||||
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet and the rear yard 30 feet.
|
|
***
|
Unless otherwise provided for in this chapter.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
A.
Purpose.
(1)
The purpose of this district is to provide for comprehensively planned, multi-use developments of retail trade, commercial, service, industrial, and institutional activities. Special design requirements for this district are contained in Article VI of this chapter. All industrial uses in this district are subject to performance standards as specified in Article VI of this chapter.
(3)
If the land in the District is comprehensively planned and developed
as a single unit without parcelization by subdivision, these individual
percentages shall not be exceeded by more than 5% without approval
of the Planning Commission upon application and for good cause shown.
(4)
If the land within the district is subdivided into smaller parcels
and not comprehensively planned as a whole, the Zoning Administrator
and the Planning Commission shall record the cummulative floor area
of the various permitted uses as development of the district proceeds
and shall assure compliance with the mixed-use percentage limits at
full development of the district by restricting development of particular
uses if it is apparent that the mixed-use percentage limits would
be exceeded by their addition.
(5)
The minimum green area requirement, which shall include designated
parks, pubic and private open space, active and passive recreational
areas, for an MCI District development shall be not less than 20%
of the total area devoted to MCI District uses, except that comparable
amenities or facilities may be provided in lieu of green area if the
Planning Commission determines that such amenities or facilities are
sufficient to accomplish the purposes of the district, and would be
more beneficial to the proposed development than strict adherence
to the specific green area requirement. The minimum green area requirement
shall apply unless a more restrictive regulation, e.g., the Critical
Area or floodplain requirements, must be observed.
(6)
Development in this district shall be staged in such a manner
as to coordinate development with the provision of public facilities,
and such facilities shall be operational at acceptable service levels
and capacities.
(7)
The number of entrances and exits from this district to Rt.
20 shall be limited and access to the individual uses within the district
shall be provided through a system of internal roadways. The placement
of individual uses along Rt. 20 each with its own ingress and egress
to Rt. 20 shall not be allowed because of the resulting traffic difficulties.
B.
Principal permitted uses.
(2)
Retail trade/commercial/services (PS).
(a)
Any use permitted in the C-1, C-2 and C-3 Community Commercial
Districts, except residential uses.
(b)
Bakeries occupying not more than 5,000 square feet of floor
area.
(c)
Banks, drive-in or otherwise (PS).
(d)
Child day-care (11 or more children under care) (PS).
(e)
Commercial greenhouses.
(f)
Hotels, motels, and motor lodges (PS).
(g)
Lawnmower and yard and garden equipment sales, service, rental,
and repair.
(h)
Lumber and building materials establishments.
(i)
Monument sales establishments with incidental processing to
order, but not including the shaping of headstones.
(j)
Motion-picture studios.
(k)
Offices and office structures.
(l)
Photographic processing and blueprinting establishments.
(m)
Printing, publishing and engraving establishments.
(n)
Radio and television stations and studios and recording studios, but not towers more than 125 feet in height, except as provided in Article IX.
(o)
Restaurants, to include drive-in restaurants (PS).
(p)
Shopping centers (PS).
(q)
Wholesale establishments with not more than 2,500 square feet
of accessory storage per establishment.
(r)
Wholesale merchandising and storage warehouses, with floor area
devoted to warehousing and handling of merchandise limited to 50,000
square feet.
(4)
Amusements.
(a)
Amusement places and theaters, except open-air drive-in theaters.
Amusement places include bowling alleys, dance halls, skating rinks,
swimming pools, miniature golf courses, billiard or pool parlors,
indoor model racing tracks, and similar activities subject to applicable
Town regulations.
(b)
Archery ranges.
(c)
Auditoriums, lecture halls, and recreation facilities primarily
for employees in the district.
(d)
Fitness center.
(e)
Golf driving ranges (PS).
(f)
Private clubs.
(g)
Private recreation areas, not for commercial purposes (PS).
(5)
Industrial (PS).
(a)
Light manufacturing uses listed below, and uses similar to those
listed below as determined by the Planning Commission which do not
create any more danger to health and safety in surrounding areas and
which do not create any more offensive noise, vibration, smoke, dust,
lint, odor, heat, or glare than that which is generally associated
with light industries of the types specifically permitted below:
(b)
Beverage blending or bottling, the manufacture of bakery products,
candy, dairy products and ice cream, fruit and vegetable processing
and canning, the packing and processing of fish, meat and poultry
products, but not the distilling of beverages or slaughtering of poultry
or animals or the processing or bulk storage of grain or feeds for
animals or poultry.
(c)
Boat building, storage, repair or painting, including the sale
of boats and boat parts and accessories provided that any out-of-water
work or storage shall be located at least 50 feet from any residential
use.
(d)
Compounding of cosmetics, toiletries, drugs, and pharmaceutical
products.
(e)
Contractor's storage yard and maintenance facility (PS).
(f)
Fish, shrimp, crab, clam, oyster, and other seafood processing,
packing, and storing, subject to all applicable state and Town laws
and ordinances and provided that any such use shall be located at
least 200 feet from any residential use and buffered from the residential
use.
(g)
Laboratories for research, experimenting and testing, but not
for testing combustion engines or explosives.
(h)
Loading and unloading, including temporary cold storage of seafood,
fish, clams, oysters, crabs, and shrimp; also buying and selling.
(i)
Manufacture and assembly of medical and dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games, and
electrical or electronic apparatus.
(j)
Manufacture and assembly of boats, bolts, nuts, screws, rivets,
ornamental iron products, firearms, electrical appliances, tools,
dies, machinery, hardware products, and sheet metal products.
(k)
Manufacture of boat parts, sails, accessories and equipment
not involving drop forging, stamping, automatic screw machines or
a foundry.
(l)
Manufacture of boxes, furniture, cabinets, baskets and other
wood products of similar nature.
(m)
Manufacture of rugs, mattresses, pillows, quilts, millinery,
hosiery, clothing, and fabrics and the printing and finishing of textiles
and fibers into fabric goods.
(n)
Marine shops, woodworking shops, electrical shops, and similar
uses for the construction, repair and maintenance of boats and boat
engines.
(6)
Motor vehicle/related services (PS).
C.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
(1)
The storage of goods used in or produced by permitted commercial
and industrial uses and related activities, subject to applicable
district regulations.
(2)
Material storage yards, in connection with a permitted use where
storage is incidental to the approved occupancy of the structure,
provided that all products and materials used or stored are in a completely
enclosed structure or enclosed by a masonry wall, opaque screening,
opaque fence or opaque hedge not less than six feet in height. Ribbon
fences are not permitted. The storage of all materials and equipment
shall not exceed the height of the wall. The storage of cars and trucks
used in connection with the permitted trade or business is permitted
within the walls or screen.
D.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Animal hospitals and kennels, with any open pens at least 200
feet from any residential district.
(b)
Batch plants.
(c)
Bus terminals.
(d)
Cemeteries (PS).
(e)
Commercial structures over 10,000 square feet.
(f)
Drive-in theater (PS).
(g)
Exposition centers and fairgrounds.
(h)
Heliports.
(i)
Hospitals and sanitariums.
(j)
Institutions, educational or philanthropic, including museums
and art galleries.
(k)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
(l)
Raising for sale birds, bees, rabbits, and other small animals,
fish, and other creatures.
E.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
MCI Mixed Commercial/Industrial District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 stories
| ||||
|
Retail trade/commercial services (PS)
|
30
|
10**
|
30
|
30
|
40
| |||
|
Amusements
|
30
|
10**
|
30
|
30
|
40
| |||
|
Industrial (PS)
|
30****
|
10**
|
30
|
30
|
40
| |||
|
Motor vehicle and related services (PS)
|
30
|
10**
|
30
|
30
|
40
| |||
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet.
|
|
***
|
Unless otherwise provided for in this chapter.
|
|
****
|
The front line of any industrial use in this district shall
not be placed within 400 feet of the right-of-way of RT. 20.
|
[1]
Editor's Note: Former Subsection E, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection F as Subsection E.
The purpose of this district is to provide for and to preserve
waterfront land in appropriate locations for commercial docking, waterfront
sales and storage and repairs of boats. In general, the District is
intended for the less intensive commercial marine activities related
to tourism, vacationers, sport fishing and pleasure boating. Since
land in the district is limited, construction of dwellings should
be discouraged, but since marine development will be gradual, low-density
residential uses are permitted.
A.
Principal permitted uses.
(2)
Retail trade/commercial/services.
(a)
Bed-and-breakfast establishments (PS).
(b)
Boat docks, slips, piers, wharves, anchorages and moorages for
commercial and pleasure boats or for boats for hire to carry passengers
or for excursions, sight-seeing, pleasure or fishing trips. If the
facility contains more than six slips for in-water dockage, the performance
standards and other requirements related to "marinas" shall apply.
(c)
Boat sales or rentals, boat livery and boats for hire and boat
lifts, including the out-of-water storage of boats.
(d)
Boat storage, repairs and painting, including the sale of boats
and boat parts or accessories, provided that out-of-water work or
storage shall be limited to boats 65 feet or less in length and provided
that any out-of-water work or storage shall be located at least 50
feet from any residential use. Multilevel dry rack boat storage is
prohibited in all districts.
(e)
Boat and marine motor service and repairs while boats are in
the water, no restrictions on length.
(f)
Boat and marine engine sales and display, yacht brokers and
marine insurance brokers.
(g)
Boat fuel sales, provided that storage does not exceed 10,000
gallons (PS).
(h)
Inns.
(i)
Laundromats.
(j)
Marinas (PS).
(k)
Marine or oceanographic laboratories and experimental stations.
(l)
Piers for fishing (PS).
(m)
Retail sales and rental of boating, fishing, hunting, diving
and bathing supplies, equipment and clothing and fish bait, including
the sale of groceries, beverages, hardware and other supplies primarily
as a convenience for those traveling by boat.
(n)
Restaurants (PS).
(o)
Yacht club.
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
(1)
Any accessory use permitted in the R-1 Low Density Residential
District.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Boat fuel storage in excess of 10,000 gallons incidental to
the operation of a marina.
(b)
Exposition centers and fairgrounds.
(c)
Hospitals and sanitariums, but not animal hospitals.
(d)
Hotels, motels and motor lodges (PS).
(e)
Institutions, educational or philanthropic, including museums
and art galleries.
(f)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(g)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
MREC Maritime Recreational District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential Uses
|
10,500
|
75
|
10,500
|
30
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 stories
| ||||
|
Retail trade/commercial services
|
21,780
|
100
|
40
|
15**
|
30**
|
30**
|
30
| |
|
Industrial (PS)
|
21,780
|
100
|
40
|
15**
|
30**
|
40**
|
30
| |
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet. No rear yard or side yard shall be required on the
rear or side of a lot which adjoins a waterway.
|
|
***
|
Unless otherwise provided for in this chapter.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
The purpose of this district is to provide for and preserve
land in appropriate locations for a mix of residential, community
commercial, and maritime commercial uses. This District is generally
intended to allow a broad range of marine and nonmarine commercial
uses, limit the types and intensity of future residential uses, protect
existing residential neighborhoods, and protect access to and views
of the Chespeake Bay from the Town.
A.
Principal permitted uses.
(2)
Retail trade/commercial/services.
(a)
Any use allowed in the C-1 Community Commercial District with
commercial structures up to 10,000 square feet permitted.
(b)
Bed-and-breakfast establishments (PS).
(c)
Boat docks, slips, piers, wharves, anchorages and moorages for
commercial and pleasure boats or for boats for hire to carry passengers
or for excursions, sight-seeing, pleasure or fishing trips. If the
facility contains more than six slips for in-water dockage, the performance
standards and other requirements related to "marinas" shall apply.
(d)
Boat sales or rentals, boat livery and boats for hire and boat
lifts, including the out-of-water storage of boats.
(e)
Boat and marine motor service and repairs while boats are in
the water, no restrictions on length.
(f)
Boat and marine engine sales and display, yacht brokers and
marine insurance brokers.
(g)
Boat fuel sales, provided that storage does not exceed 10,000
gallons (PS).
(h)
Hotels, motels and motor lodges (PS).
(i)
Laundromats.
(j)
Marinas. Multilevel dry rack boat storage is prohibited in all
districts (PS).
(k)
Piers for fishing (PS).
(l)
Retail sales and rental of boating, fishing, hunting, diving
and bathing supplies, equipment and clothing and fish bait, including
the sale of groceries, beverages, hardware and other supplies primarily
as a convenience for those traveling by boat.
(m)
Restaurants (PS).
(n)
Marine or oceanographic laboratories and experimental stations.
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
(1)
Any accessory use permitted in the R-1 Low Density Residential
District.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Boat fuel storage in excess of 10,000 gallons (PS) incidental
to the operation of a marina.
(b)
Commercial structures in excess of 10,000 square feet.
(c)
Hospitals and sanitariums, but not animal hospitals.
(d)
Institutions, educational or philanthropic, including museums
and art galleries.
(e)
Public or governmental structures and uses, including schools,
parks, parkways, playgrounds and public boat landings.
(f)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
(g)
Townhouses, not to exceed eight units located in one townhouse
structure which are not offering transient lodging accommodations
on a daily, weekly, or monthly basis to the general public upon the
following conditions:
[Added 4-10-1997 by Ord.
No. 97-03; amended 6-12-2003 by Ord. No. 2003-03]
[2]
All conditional uses must be located on a parcel of land which
is at least 1.4 acres in size.
[3]
No townhouse may be located closer than 75 feet of any structure
housing a commercial use.
[4]
No conditional use may be located on a parcel of land which
is contiguous to a parcel of land zoned Marine Recreational District
or R-1.
[5]
Only one townhouse building of eight units is allowed in the
Marine Commercial District.
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
MC Maritime Commercial District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses
|
Lot Area Minimum
(square feet)
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Residential Uses
|
10,500
|
75
|
10,500
|
30
|
10
|
30
|
30
|
30
|
|
Houses of worship (PS)
|
87,120
|
75
|
87,120
|
30
|
10
|
30
|
30
|
30
|
|
Accessory uses (PS)
|
10***
|
30***
|
30***
|
20
1 1/2 stories
| ||||
|
Retail trade/commercial services (PS)
for C-1 uses
for all others
|
21,780
|
100
|
30
40
|
**15**
|
**30**
|
30**
30**
|
30
40
| |
|
Amusements private clubs, lodges meeting halls (PS)
|
30
|
**
|
30
|
30
| ||||
|
Industrial (PS)
|
21,780
|
100
|
40
|
15**
|
30**
|
40
|
40
| |
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet. No rear yard or side yard shall be required on the
rear or side of a lot which adjoins a waterway.
|
|
***
|
Unless otherwise provided for in this chapter.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
The purpose of this district is to provide for and to preserve
waterfront land in appropriate locations for commercial docking, waterfront
sales, storage, and repairs of boats, including out-of-water repairs,
and for seafood packing and processing establishments subject to applicable
sanitation and pollution laws and ordinances. Marinas and tourist-oriented
services are permitted uses, but, in general, the district is intended
for more intensive marine activities dependent upon a waterfront location.
Since land in the district is limited and since conflicts are likely
between residential development and permitted marine industrial uses,
the construction of new residential dwellings is prohibited.
A.
Principal permitted uses.
(1)
Residential.
(a)
None.
NOTE: If a lawful nonconforming residential structure in this
district is damaged, it may be repaired or reconstructed in the same
building footprint and used as before the time of damage, provided
that such repairs or reconstruction be substantially completed within
12 months of the date of such damage.
(2)
Retail trade/commercial/services.
(a)
Boat docks, slips, piers, wharves, anchorages and moorages for
commercial and pleasure boats or for boats for hire to carry passengers
or for excursions, sight-seeing, pleasure or fishing trips. If the
facility contains more than six slips for in-water dockage, the performance
standards and other requirements related to "marinas" shall apply.
(b)
Boat sales or rentals, boat livery and boats for hire and boat
lifts, including the out-of-water storage of boats at least 50 feet
from any residential use.
(c)
Boat and marine engine sales and display, yacht brokers and
marine insurance brokers.
(d)
Boat fuel sales, provided that storage does not exceed 10,000
gallons (PS).
(e)
Marinas. Multilevel dry rack boat storage is prohibited in all
districts (PS).
(f)
Piers for fishing (PS).
(g)
Retail sales and rental of boating, fishing, hunting, diving
and bathing supplies, equipment and clothing and fish bait, including
the sale of groceries, seafood, beverages, hardware and other supplies
primarily as a convenience for those traveling by boat.
[Added 8-13-2015 by Ord.
No. 2015-02]
(5)
Industrial (PS).
(a)
Boat building, storage, repair or painting, including the sale
of boats and boat parts and accessories, and marine railways, provided
that out-of-water work or storage shall be limited to boats 100 feet
or less in length and provided that any out-of-water work or storage
shall be located at least 50 feet from any residential use. For boat
and marine motor service and repairs while boats are in the water,
there is no restriction on length. Multilevel dry rack boat storage
is prohibited in all districts.
(b)
Fish, shrimp, crab, clam, oyster, and other seafood processing, packing, and storing, except curing or smoking unless approved by the Board of Appeals under Article XIII. Subject to all applicable state and Town laws and ordinances and provided that any such use shall be buffered from any residential use.
(c)
Loading and unloading, including temporary cold storage of seafood,
fish, clams, oysters, crabs, and shrimp; also buying and selling.
(d)
Marine shops, woodworking shops, electrical shops, and similar
uses for the construction, repair and maintenance of boats and boat
engines, but not the dismantling of boats except in the nature of
a repair or remodeling.
B.
Accessory uses (PS). Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this chapter.
C.
Conditional uses.
(1)
The purpose of these provisions is to provide for certain uses
which cannot be well adjusted to their environment in particular locations
with full protection offered to surrounding properties by rigid application
of the district regulations. These uses are generally of a public
or semipublic character and are essential and desirable for the general
convenience and welfare but, because of the nature of the use, the
importance of relationship to the Comprehensive Plan and the possible
impact, not only on neighboring properties but on a large section
of the Town, require the exercise of planning judgment on locations
and site plans.
(2)
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this district, except as otherwise provided in accordance with the procedures and standards of this chapter, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the district in which the conditional use is located.
(3)
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
(4)
The conditional uses are as follows:
(a)
Boat fuel storage in excess of 10,000 gallons (PS) incidental
to the operation of a marina.
(b)
Hotel, motels and motor lodges incidental to the operation of
a marina (PS).
(c)
Public utilities or public service uses, structures, generating
or treatment plants, pumping or regulator stations, substations and
high voltage transmission lines (excluding multilegged structures).
(d)
Restaurants incidental to the operation of a marina.
(e)
Swimming pools incidental to the operation of a marina.
(g)
Maritime-related museums.
[Added 8-13-2015 by Ord.
No. 2015-02]
D.
[1]Lot area, width, height, and yard requirements. The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this chapter.
|
MWD Maritime Water-Dependent District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Uses***
|
Lot Area Minimum
(square feet)
|
Lot Width Minimum
(feet)
|
Lot Area per Unit Minimum
(square feet)
|
Front Yard Depth Minimum
(feet)
|
Side Yards Least Width
(feet)
|
Sum of Widths Minimum
(feet)
|
Rear Yard Depth Minimum
(feet)
|
Height Maximum
(feet)
|
|
Retail trade/commercial services
|
21,780
|
100
|
6
|
15**
|
30**
|
30**
|
35
| |
|
Industrial (PS)
|
21,780
|
100
|
6
|
15**
|
30**
|
40**
|
35
| |
|
NOTES:
| |
|---|---|
|
See Article IX for lot averaging.
| |
|
See Article VI for uses subject to performance standards.
| |
|
See Article IX for supplementary height, area, and bulk regulations.
| |
|
*
|
The calculation of minimum lot size shall not include tidal
wetlands.
|
|
**
|
Where abuting a residential district, the least width side yard
shall be 25 feet. No rear yard or side yard shall be required on the
rear or side of a lot which adjoins a waterway.
|
|
***
|
Accessory structures not permitted in MKD District.
|
[1]
Editor's Note: Former Subsection D, Temporary Uses, was
repealed 3-8-2018 by Ord. No. 2018-01. This ordinance also provided
for the redesignation of former Subsection E as Subsection D.
The purpose of the Critical Area Overlay District ("O") is to
implement zoning regulations and measures designed to protect and
enhance water quality and habitat resources located within the Town's
Critical Area. The geographic area for which the following District
regulations apply shall be those lands and waters located 1,000 feet
of the landward boundaries of all tidal waters, tidal wetlands and
tributary streams in the Critical Area as designated on the Town of
Rock Hall Critical Area Overlay District Maps. The intent of this
district is to provide special regulatory protection for the resources
located within the town Critical Area and to foster more sensitive
development activity in shoreline areas. Another objective is to minimize
adverse impacts to water quality and natural habitats.
A.
Land use management district classifications.
(1)
Within the Town of Rock Hall Critical Area Overlay District
("O") there shall be three land use management area classifications:
1) Intensely Developed Areas (IDAs); 2) Limited Development Areas
(LDAs); and 3) Resource Conservation Areas (RCAs) which shall be as
shown on the Official Critical Area Maps.
(2)
These land use management areas correspond to the definitions
established in the Chesapeake Bay Critical Area Criteria COMAR 14.15,
as amended, for each area and specifically as identified on the Town
of Rock Hall Critical Area maps, adopted as part of the Town's
Critical Area Program. Mapped land use management area classifications
are based on land uses established on or before 1 December, 1985,
except for areas where the land classification may be changed by granting
the Growth Allocation (GA) floating zone district classification.
The following regulations shall be applied based on the specific land
management classification.
B.
Special density provisions.
(1)
Density in the Intensely Developed Areas (IDAs) shall be as
established in the underlying base zone.
(2)
The density of development and minimum lot sizes permitted within
a Limited Development Area (LDA) shall be governed by prescriptive
densities within the applicable underlying base zoning districts.
However, in underlying base zoning districts that permit residential
use, density may not exceed 3.99 units per acre. Determination of
density shall be based on the gross site area of the parcel prior
to development or subdivision.
(3)
Residential densities in Resource Conservation Areas (RCAs)
shall not exceed one dwelling unit per 20 acres regardless of densities
permitted in applicable underlying base zones, except as provided
below. Determination of density shall be based on the gross site area
of the parcel, excluding tidal wetlands, except that in determining
residential densities for a site, private wetlands may be included
in the calculation on one dwelling unit per 20 density, provided the
development density on the upland portion of the site doe not exceed
one dwelling unit per eight acres.
(4)
Minimum lot sizes shall be governed by standards applicable
to the underlying base zoning districts.
(5)
The one dwelling unit per 20 acre density limitation in the
RCA shall not prevent a bona fide intrafamily transfer subjected to
the following limitations:
(a)
Intrafamily transfer will be permitted on parcels of land in
Rock Hall where it is shown that the parcel was recorded on or before
March 1, 1986, and such parcel is at least seven acres and not more
than 60 acres in size.
(b)
A bona fide intrafamily transfer shall be subject to all the
requirements of the Town of Rock Hall Subdivision Regulations and
a notation shall be placed on the final subdivision plan denoting
the lot(s) that are created under these provisions.
(c)
Subdivision of land under the bona fide intrafamily transfer
provisions contained herein shall be subject to the following limitations:
(e)
Lots created pursuant to these provisions shall not be created
for purposes of ultimate commercial sale. In addition, any lot created
under this section may not be transferred or sold to a third party,
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 that the following can be conclusively proved:
[1]
A change in circumstances has occurred since the
original transfer, not of the owner's own doing, which would
warrant permitting a subsequent transfer when such circumstances are
consistent with the warrants and exceptions contained herein; or
[2]
Other circumstances necessary to maintain land
areas to support protective uses of agriculture, forestry, open space,
and natural habitats in RCAs warrant an exception.
(f)
Deeds of transfer shall include the provisions contained in Subsection B(5)(e) above as covenants which shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party, not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property.
C.
General regulations.
(1)
Except as provided in § 225-5-11J, Buffer exemption area provisions, permitted uses, accessory uses and special exception uses shall be limited to those permitted within the existing applicable underlying base zoning district, as shown on the Official Rock Hall Zoning Maps.
(2)
Existing industrial and commercial facilities, including aquaculture
facilities, shall be allowed in the RCA. However, additional land
may not be zoned for industrial or commercial development in the RCA.
(3)
The following uses are prohibited in the Critical Area due to
their high potential for adverse impact on plant and wildlife habitats
and water quality, unless it has been demonstrated that the activity
will create a net improvement in water quality to the adjacent body
of water.
(4)
The following uses are prohibited in the Critical Area:
(a)
New solid or hazardous waste collection or disposal facilities,
excluding dumpsters and trash receptacles;
(b)
New sanitary landfills;
(c)
New sludge handling, storage, and disposal facilities, other
than those associated with wastewater treatment facilities; or
(d)
New commercial and industrial maritime or related facilities
in the Buffer within Resource Conservation Areas (RCAs).
D.
General buffer regulations.
(1)
New structures, activities, and facilities permitted in the underlying zoning district (base zoning District) are prohibited within the Buffer, except the following, subject to the requirements of § 225-5-11H below:
(a)
Boat houses, community piers, individual private piers, docks,
launching ramps, and mooring facilities.
[1]
For community piers, only the following uses shall
be permitted to locate in the Buffer: 1) mooring buoys and slips;
2) docks, piers, launching ramps, access roads, paths; and 3) loading/unloading
areas.
[2]
Where community or individual slips, piers, or mooring buoys are to be provided in a subdivision that is approved after June 30, 1988, the number of slips, piers, mooring buoys shall be the lesser of Subsection D(1)(a)[2][a] or [b] below:
[a]
Up to one slip for every 50 feet of shoreline in
subdivisions in the Limited Development Areas (LDA) and Intensely
Developed Areas (IDA), and one slip per 300 feet of shoreline in the
subdivision in the Resource Conservation Area (RCA); or
[b]
A density of slips, piers, or mooring buoys to
platted lots or dwellings in the subdivision according to the following
schedule:
|
Platted Lots or Dwellings in the Critical Area
|
Slips and Moorings Allowed
|
|---|---|
|
Up to 15
|
1% for each lot
|
|
16-40
|
15% or 75%, whichever is greater
|
|
41-100
|
30% or 50%, whichever is greater
|
|
101-300
|
50% or 25%, whichever is greater
|
|
Over 300
|
75% or 15%, whichever is greater
|
(b)
New commercial marinas and other related commercial maritime
facilities where permitted in LDA and IDA, expansion of existing commercial
marinas and other related commercial maritime facilities in RCA, and
uses accessory thereto, provided that non-water-dependent uses and
activities shall not be located in the Buffer. Only the following,
which are considered commercial marine "water-dependent" uses, shall
be permitted in the Buffer:
(c)
Public beaches and other public water-oriented recreation and
education facilities, uses and related structures, provided that non-water-dependent
uses and activities shall not be permitted in the Buffer. Only the
following, which are considered public "water-dependent" uses, may
be permitted to locate in the Buffer:
(d)
Fisheries and related commercial water-dependent facilities,
provided that non-water-dependent uses and activities shall not be
permitted in the Buffer. Only the following, which are considered
fisheries "water-dependent" uses, shall be permitted to locate in
the Buffer:
(e)
Research facilities operated by county, state or federal government
agencies or educational institutions conducting marine-related studies.
(2)
No cutting or clearing of trees or natural vegetation is permitted
in the Buffer except that limit cutting or clearing of trees is permitted
for the following purposes under an approved forest management plan:
(a)
For personal use, providing that Buffer functions are not impaired
and trees cut are replaced;
(b)
To prevent trees from falling and blocking streams, causing
damage to dwellings or other structures, or resulting in accelerated
erosion of the shore or streambank;
(c)
In conjunction with horticultural practices used to maintain
the health of individual trees;
(d)
To provide access to private piers;
(e)
To install or construct an approved shore erosion protection
device to measure; or
(f)
To protect forests from extensive pest or disease infestation
or threat from fires if approved by the Department of Agriculture
or the Bay Watershed Forester.
E.
Development standards in intensely developed areas (IDAs).
(1)
All development and redevelopment in IDA shall be subject to the following development standards and/or conditions, in addition to those established in other sections of this chapter, except that development on lots qualifying under Article X, § 225-10-9 must only comply with these provisions insofar as possible as determined by the Planning Commission:
(a)
All sites for which development activities are proposed, and
which require subdivision approval or site plan review and approval,
shall identify environmental or natural features on that portion of
site within the Critical Area;
(b)
No structure or uses associated with development in an Intensely
Developed Area shall be permitted within the Buffer, except for water-dependent
facilities, unless the site is within a Buffer Exemption Area;
(c)
Development and redevelopment shall be subject to the Habitat
Protection guidelines in the Rock Hall Critical Area Program;
(d)
Development and redevelopment shall be required to install stormwater
management practices appropriate to site development which achieve
a ten-percent reduction of pre-development pollutant loadings unless
the Mayor and Council permit offsets as per the Rock Hall Critical
Area Program;
(e)
Development and redevelopment projects shall delineate those
site areas not covered by impervious surfaces that are to be maintained
or established in vegetation.
(2)
Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the site are impracticable. The types of planting and vegetation proposed shall be in accordance with guidelines established in Subsection G below;
(a)
A minimum twenty-five-foot Buffer shall be maintained around
all non-tidal wetlands as identified in the Rock Hall Critical Area
Program where development activities or other activities which may
disturb the wetlands or wildlife contained therein shall be prohibited
unless it can be shown that these activities will not adversely affect
the wetland; and
(b)
Development and redevelopment projects that propose shore erosion
protection must demonstrate that significant shore erosion is occurring
on the site.
(3)
Development and redevelopment projects shall install vegetative
shore erosion control measures (where feasible and where appropriate)
on portions of the site proposed for development and near such portions
if the shore erosion threatens the proposed development portion. Where
control of shore erosion cannot be accomplished by vegetative measures
and structural measures are required, proposed development must either:
(a)
Construct appropriate structural measures to control shore-line
erosion on sites proposed for development consistent with the policies
established in the Shore-line Erosion Protection Section of the Rock
Hall Critical Area Program; or
(b)
Set back the development behind the Buffer based on the annual
shore erosion rate. To determine the setback, published data on annual
erosion rates for the site must be used. (If two or more published
rates are available, the highest rate must be used.) If published
data are not available, either the annual rate is assumed to be two
feet per year or the developer shall do a technical study to determine
the annual erosion rate. The setback shall be the annual erosion rate
times 25 years.
F.
Development standards in limited development areas (LDAs) and Resource
Conservation Areas (RCAs).
(1)
Development and redevelopment in an area designated Limited Development (LDA) or Resource Conservation (RCA) shall be subject to the following standards, except that development on lots of record qualifying under Article X, § 225-10-9 must comply with these regulations insofar as possible as determined by the Planning Commission:
(a)
All sites for which development activities are proposed, and
which require subdivision approval or site plan review and approval,
shall identify environmental or natural features on that portion of
the site within the Critical Area;
(b)
Site development shall be designed to assure that those features
or resources identified as Habitat Protection Areas are afforded protection
as prescribed in the habitat protection element of Town of Rock Hall
Critical Area Program;
(c)
Roads, bridges and utilities serving development shall be so
located as to avoid disturbances to habitat protection areas. When
no alternative exists and such infrastructure must cross or be located
in Habitat Protection Areas, the developer shall demonstrate how impacts
to habitats have been minimized and that no feasible alternative location
of such infrastructure exists;
(d)
All development activities which cross, or are located adjacent
to, tributary streams in the Critical Area shall:
(2)
Development activities shall be located and designed to provide
for the maintenance of the wildlife and plant habitats on the existing
site and to maintain continuity with those on adjacent sites. When
wildlife corridors exist or are proposed they shall include any existing
Habitat Protection Areas and connect large forested areas on or adjacent
to the site.
(3)
Forest and development woodlands, as defined by the Town Critical
Area Program, shall be created or protected in accordance with the
following;
(a)
When no forest exists on the site, at least 15% of the gross
site area shall be afforested in accordance with a plan approved by
the Bay Forester. The location of the afforested areas should be designed
to reinforce protection to habitats on the site or to provide connections
between forested areas when they are present on adjacent sites;
(b)
When forests or developed woodland exist on the site and proposed
development requires the cutting or clearing of trees, areas proposed
for clearing shall be identified on the proposed development plan
(the developer shall submit plans for development and areas to be
cleared to the Maryland Forest, Park and Wildlife service for comments
and recommendations and shall transmit the comments to the Planning
Commission). A grading permit must be obtained prior to any clearing
or cutting associated with proposed development and in addition, cutting
or clearing which is associated with development shall be subject
to the following limits and replacement conditions.
[1]
All forests cleared or developed shall be replaced
on not less than an equal area basis on the site or on an alternative
site approved by the Planning Commission as per § 225-5-11F(3)(b)[7]
below. When the development pad is strictly limited to the minimum
required, and cleared areas are reforested to the extent possible
a forest area shall continue to be considered a developed woodland
and no replacement shall be required;
[2]
No more than 20% of the forested or developed woodland
within the site proposed for development may be removed (except as
provided for in the requirement below) and the remaining 80% shall
be maintained as forest cover through the use of appropriate instruments
(e.g., recorded restrictive covenants). Removal of forest or developed
woodland cover in the Buffer is prohibited;
[3]
The clearing of forest or developed woodlands up
to 20% shall be replaced on an area basis of one to one; a developer
may propose clearing up to 30% of the forest or developed woodland
on a site, but the trees removed in excess of 20% must be replaced
at the rate of 1.5 times the area removed;
[4]
If more than 30% of the forest on a site is cleared,
the forest is required to be replanted at three times the total area
extent of the cleared forest;
[5]
If the cutting of forests occurs before a grading
permit is obtained, the forest is required to be replanted according
to the above requirement;
[6]
Surety in the form of a letter of credit acceptable
to the Town Attorney shall be provided in an amount suitable to assure
forest replacement as required; and replacement shall be guaranteed
for two growing seasons at which time the letter of credit shall be
released;
[7]
The forests and developed woodlands required to
be retained or created through afforestation shall be maintained through
restrictive covenants, easements, or similar instruments in a form
approved by the Town Attorney.
(c)
Development or slopes greater than 15% shall be prohibited unless
such development is demonstrated to be the only effective way to maintain
or improve slope stability;
(d)
Except as otherwise provided in this subsection for stormwater
run-off, man-made impervious surfaces are limited to 15% of a parcel
or lot.
[1]
If a parcel of lot 1/2 acre or less in size was
in residential use or zoned for residential purposes on or before
December 1, 1985, then man-made impervious surfaces associated with
that use are limited to 25% of the parcel or lot.
[2]
If a parcel or lot 1/4 acre or less in size was
in nonresidential use on or before December 1, 1985, then man-made
impervious surfaces with that development are limited to 25% of the
parcel or lot.
[3]
If an individual lot one acre or less in size is
part of a subdivision approved after December 1, 1985, then man-made
impervious surfaces of the lot may not exceed 25% of the lot. However,
the total of the impervious surfaces over the entire subdivision may
not exceed 15%.
[4]
This subsection does not apply to a trailer park
that was in residential use on or before December 1, 1985.
(e)
A minimum twenty-five-foot Buffer shall be maintained around
all non-tidal wetlands as identified in the Rock Hall Critical Area
Program where development activities or other activities which may
disturb the wetlands or wildlife contained therein shall be prohibited
unless it can be shown that these activities will not adversely affect
the wetland; and
[1]
Appropriate structural measures to control shoreline
erosion on sites proposed for development shall be constructed consistent
with the policies established in the Shore Erosion Protection Section
of the Rock Hall Critical Area Program; or
[2]
The development shall be set back behind the Buffer
based on the annual shore erosion rate. To determine the setback,
published data on annual erosion rates for the site must be used.
(If two or more published rates are available, the highest rate must
be used.) If published data are not available, either the annual rate
is assumed to be two feet per year or the developer shall do a technical
study to determine the annual erosion rate. The setback shall be the
annual erosion rate times 25 years.
G.
Woodland reforestation and afforestation standards.
(1)
Where reforestation or aforestation is required the following
minimum standards shall be used within the Critical Area District:
(a)
The replacement or establishment of forests or developed woodlands
shall assure a diversified plant community, but may include other
types of tree plantings where necessary to correct an existing soil
stabilization problem. Diverse forest plantings shall include a canopy
layer and a shrub layer.
(b)
For each acre of land where woodlands must be replaced or established,
plantings shall consist of trees and/or wildlife shrub species spaced
approximately at eight-foot intervals in rows eight feet apart, or
other suitable spacing as determined by the Bay Watershed Forester
on a site-by-site basis, which result in a minimum of 300 stems per
acre after the first growing season.
(2)
Planting plans, letters of credit and inspections. Required
planting plans shall be prepared and submitted with the site plan
or preliminary and final subdivision plat. A planting plan shall be
included as a required public improvement with site plans or subdivisions
plats. The planting plan must demonstrate compliance with the minimum
standards for reforestation and afforestation specified above. It
is required that the planting plan shall be prepared by a professional
registered forester, landscape architect, or an experienced landscape
designer. The planting plan shall show:
(a)
The site plan, structure outlines (remaining and proposed),
walls, fences, parking spaces, loading spaces, driveways, walks, storage
areas, public rights-of-way, easements and the general location of
structures and uses of abutting properties;
[1]
Existing and proposed grades;
[2]
Existing vegetative cover to be retained and the
location, general size and type of such vegetation;
[3]
The methods for protecting plant materials after
construction;
[4]
A plant schedule and plan listing plants to be
used giving their botanical and common names, size at time of planting,
and quality of each;
[5]
An indication of whether plants are balled and
burlapped, container grown or bare root; and
[6]
An indication of the spacing and location of all
proposed trees, shrubs and ground covers.
(3)
Substitution of plants; time of planting.
(a)
Although plant types should be chosen from the recommended plant
list available from the Planning Commission or the Maryland State
Bay Watershed Forester, plant types that vary from this list may be
substituted with the approval of the Local Bay Watershed Forester.
Plants for afforestation or reforestation shall be approved by the
Bay Watershed Forester for suitability in regard to the eventual size
and spread, susceptibility to diseases and pets, and adaptability
to existing soil and climate conditions.
(b)
All planting should be done in the months of March and April
of each year. For the first two years steps should be taken to control
competing vegetation. Technical assistance from the State's Bay
Watershed Forester is highly recommended.
(4)
The planting plan shall be accompanied by an estimate of the
installation cost for all afforestation and reforestation. Upon approval
of the plan and cost estimate, the developer or owner shall enter
into an agreement with the Town of Rock Hall to provide plantings
as required. The agreement shall be in form and substance as approved
by the Town and shall be accompanied by a letter of credit executed
by the owner or developer in the amount of 120% of proposed plant
materials, labor and maintenance costs.
(a)
If all afforestation or reforestation is not completed within
two years after the first spring planting date following recordation,
or if the requirements set forth in the approved planting plan are
not met, the letter of credit shall be forfeited and payment in full
to the Town shall be ordered. The funds so received shall be used
by the Town to defray the cost of providing the approved Buffer afforestation
or reforestation for the site.
(b)
If the foregoing costs exceed the amount of the letter of credit,
the excess shall be a continuing obligation of the property owner.
(c)
All letters of credit shall be in a form acceptable to and approved
by the Mayor and Council.
(d)
All security posted will be held for a period two years after
installation of the planting, to assure the proper maintenance and
growth. Failure to maintain or replace the dead portions of the planting
shall result in a forfeiture of the surety posted to the extent necessary
to replace the dead plant materials.
(e)
The Mayor and Council or their designee may from time to time
release those portions of the surety which may be appropriate.
(f)
Where existing vegetation is to be used to meet the requirements
contained herein, the surety requirement may be modified appropriately.
However, to the extent that existing vegetation is or will be inadequate
to meet the standards set herein, a planting plan meeting all of the
requirements herein must be submitted.
(5)
All plantings shall be inspected by the Town or the Bay Watershed
Forester upon notification by the developer or owner and shall be
approved according to the following standards:
(a)
The planting shall adhere to the approved plan. Substitutions
or revisions may be made with the approval of the Bay Watershed Forester
or the Planning Commission.
(b)
All plants shall be protected from vehicular encroachment by
wheelstops, curbs or other barriers unless distance provides adequate
protection.
(c)
No planting shall result in vegetative growth exceeding 36 inches
in height, within 30 feet of any street intersection or otherwise
obstruct sight-lines.
H.
Special provisions for water-dependent facilities.
(1)
All applications for development of commercial marinas or other
water-related uses in the Critical Area must include the following
information:
(a)
Water depth contours shown at two-foot intervals at mean low
water taken by sounding (unless otherwise specified by the Town Planning
Commission).
(b)
Existing and proposed regraded surface of the land.
(c)
Location of natural features and the drainage area of all non-tidal
wetlands.
(d)
Land within the 100-year floodplain.
(e)
Location of all existing and proposed structures.
(f)
Location of all existing or proposed site improvements including
storm culverts, retaining walls and fences.
(g)
Description, method and location of water supply and sewerage
disposal facilities.
(h)
Mean high and mean low water line.
(i)
All existing and proposed piers, buoys, launching ramps, shore
protection structures.
(j)
Location and dimensions of all areas to be dredged including
present and proposed depths.
(k)
Volume of dredge spoil to be removed, type of material, location
and dimensions of disposal area(s) including dikes.
(l)
Location of all existing and proposed land-based structures
on the site and a description of uses and activities to be conducted
in each.
(m)
Location and dimensions of all boat launching ramps.
(n)
Location and dimensions of all boat slips and mooring buoys.
(o)
Location of fuel dock and gasoline storage tanks.
(p)
Location of all required buffer/yards/structure restriction
lines.
(2)
Applications for water-dependent use shall be accompanied by
an environmental assessment report which indicates how the proposed
project achieves the following criteria:
(a)
That the activities will not significantly alter existing water
circulation patterns or salinity regimes;
(b)
That the water body upon which these activities are proposed
has adequate flushing characteristics at the site;
(c)
That disturbance to wetlands, submerged aquatic plant beds,
or other areas of important aquatic habitats will be minimized;
(d)
That adverse impacts to water quality that may occur as a result
of these activities, such as non-point source run-off, sewerage discharge
from land activities or vessels or from boat cleaning and maintenance
operations, is minimized;
(e)
That shellfish beds will not be disturbed or be made subject
to discharge that will render them unsuitable for harvesting;
(f)
That dredging shall be conducted in a manner, and using a method,
which causes the least disturbance to water quality and aquatic and
terrestrial habitats in the area immediately surrounding the dredging
operation or within the Critical Area.
(g)
That dredged spoil, except for clean sand for beach nourishment,
will not be placed within the Buffer or elsewhere in that portion
of the Critical Area which has been designated as a Habitat Protection
Area;
(h)
That interference with the natural transport of sand will be
minimized; and
(i)
That no disturbances will occur to aquatic areas of historic
waterfowl staging and concentration areas.
I.
Special Buffer requirements.
(1)
The following special yard requirements shall apply within the
Critical Area Overlay District ("O"):
(a)
Except as provided for water-dependent facilities in § 225-5-11D, new development activities, including structures, roads, parking areas, impervious surfaces, and septic systems are not permitted in the Buffer.
(b)
The Buffer shall be expanded to include contiguous sensitive
areas on the parcel whose development or disturbance may impact streams,
wetlands, or other aquatic environments. This expansion will occur
whenever new land development or other land disturbing activities,
such as clearing natural vegetation for agriculture or mining, are
proposed. The expanded Buffer must be shown on plans required for
such development.
(2)
Sensitive areas have the following features: 1) hydric soils
and soils with hydric properties as designated by the Soil Conservation
Service; 2) high erodable soils with a K value greater than 0.35;
and 3) steep slopes greater than 15%. The Buffer shall be expanded
according to the following rules:
(a)
When the site of the proposed land disturbance drains to a slope
greater than 15% contiguous to the Buffer, the Buffer shall be expanded
four feet for every percent of slope over 15% or to the top of the
slope, whichever is greater, but in no case more than 10 feet beyond
the top of the slope greater than 15%.
(b)
Buffer shall be expanded to the upland limit of adjacent hydric
soils, soils with hydric properties, and eroible soils, within the
Critical Area, whichever is less. The Buffer will be expanded to include
those soils lying in the drainage area between the proposed land disturbance
and the Buffer.
J.
Buffer Exemption Area provisions. The following special provisions
apply in the Buffer Exemption Areas in the IDA, LDA, or RCA.
(1)
Permitted uses:
(a)
New development or redevelopment consistent with the provisions of § 225-5-11 of this article provided that the Development and Redevelopment Rules and Offsetting Requirements set forth below are observed.
(b)
Shore erosion protection measures provided that such measures
are consisten with the Town's shore erosion protection policies
and provided that the measure has obtained all applicable state and
federal permits.
(c)
No cutting or clearing of trees or natural vegetation is permitted
in the Buffer except that limited cutting or clearing of trees under
an approved forest management plan for the following purposes only:
[1]
For personal use providing that Buffer functions
are not impaired and trees cut are replaced.
[2]
To prevent trees from falling and blocking streams,
causing damage to dwellings or other structures, or resulting in accelerated
erosion of the shore or stream-bank;
[3]
In conjunction with horticultural practices used
to maintain the health of individual trees;
[4]
To provide access to private piers;
[5]
To install or construct an approved shore erosion
protection device or measure;
[6]
To protect trees from extensive pest or disease
infestation; or
[7]
To permit the development or redevelopment allowed
above to be constructed or installed.
(2)
Prohibited uses:
(a)
Water polluting activities including, but not limited to, storage
of vehicles, fuel or chemicals.
(3)
Development and redevelopment rules:
(a)
Existing structures. The expansion or redevelopment of existing
structures in the Buffer Exemption Area may not increase impervious
surfaces shoreward of the existing structure and shall not result
in greater than a twenty-five-percent increase in the total site area
in impervious surfaces, as described below.
(b)
Removal of existing structures. When a structure within the
Buffer Exemption Area is removed or destroyed, it may be replaced,
insofar as possible, no closer than 100 feet from the edge of tidal
waters, tidal wetlands or tributary streams. In such cases where a
setback line exists as defined by structures on adjacent lots or parcels,
the structure may not be replaced shoreward of that line. Any impervious
surfaces created greater in extent to preexisting impervious surfaces
within the Buffer Exemption Area shall be offset as described below.
(c)
New development. New development in the Buffer Exemption Area
shall minimize the shoreward extent of impervious surfaces insofar
as possible taking into consideration existing Town yard setback requirements
and other such factors. In no case may such impervious surfaces be
extended shoreward of any setback line as defined by existing structures
on adjacent lots or parcels.
(d)
Offsetting requirements. New development or redevelopment in
the Buffer Exemption Area which causes impervious surfaces as described
above shall be required to offset for such development as follows:
[1]
The extent of the lot or parcel shoreward of the
new development or redevelopment shall be required to remain, or shall
be established and maintained, in natural and native vegetation; and
[2]
Natural and native vegetation of an area twice
the extent of the impervious surface created in the Buffer Exemption
Area shall be planted in a Buffer Exemption offset Area or other location
as may be determined by the Town. The Town may collect fees in lieu
of such planting.
The GA Growth Allocation District is not mapped but is hereby
designated for use within the Critical Area District on lands classified
as Resource Conservation Areas (RCA) and/or Limited Development Areas
(LDA). The purpose of the GA District is to designate areas of the
Critical Area District where the Mayor and Council have approved a
change in the current land management classification on specific sites
and for specific development projects so that they may be developed
to the extent permitted by this chapter and the new land use management
classification. Only specific development projects, the site plan
or preliminary subdivision plat for which has been approved by the
Planning Commission, shall be approved for the GA Growth Allocation
District classification and thereby receive Critical Area Growth Allocation.
A.
Location criteria. The granting of the GA Growth Allocation District
classification shall be consistent with the Town of Rock Hall Critical
Area Program. When approving the GA Growth Allocation District the
Mayor and Council shall use the following guidelines to determine
if the location of the proposed land management classification under
the GA District classification is consistent with the Town of Rock
Hall Critical Area Program:
(1)
New IDA will be located in existing LDA or adjacent to existing
IDA;
(2)
New LDA will be located adjacent to existing LDA or IDA;
(3)
To the extent possible no more than half of the growth allocated
will be located in RCA adjacent to LDA or IDA;
(4)
If the Town is unable to utilize any portion of the growth allocation
within or adjacent to existing IDA or LDA, that portion of the growth
allocation which cannot be so sited may be located in the RCA;
(5)
New IDA and LDA will be located in order to minimize impacts
to Habitat Protection Areas and in a manner that optimize benefits
to water quality;
(6)
New IDA or LDA located in the RCA will conform to all criteria
of the Town of Rock Hall Critical Area Program for such areas; and
(7)
When growth allocation is permitted in RCA not adjacent to IDA
or LDA, the developer will be required to cluster the development
and provide for resource enhancement in the design of such development.
B.
Conditions of approval.
(1)
Projects approved for the GA Growth Allocation District shall
be substantially completed within three years of the date of approval.
If after three years the project is not completed, the GA Growth Allocation
Floating Zone District classification shall be withdrawn.
(2)
The Planning Commission shall determine whether a project is
substantially completed or not. Substantially completed projects are
defined as projects in which all public improvements, such as roads,
community or shared sewer and/or water facilities, etc., have been
built, as required by the Town or state and the lots or units are
being actively marketed.
(3)
The development of a proposed project must demonstrate that
the following design standards will be met or exceeded in order to
be approved:
(a)
All applicable requirements of the Town of Rock Hall Critical
Area Program, the Zoning Ordinance and the Subdivision regulations.
(b)
Limit the area of disturbance for nonresidential development
to no more than 60% of the total site area.
(c)
The design of the development enhances the water quality and
resource and habitat values of the area, e.g., results in additional
planting of forest cover in the Buffer or implementation of best management
practices on portions of the site to be retained in agriculture use.
(d)
The development incorporates the comments and recommendations
of the Town and the Maryland Forest, Park and Wildlife Service in
the project design.
(e)
The developer executes restrictive covenants that guarantee
maintenance of the required open space areas.
C.
Computing the use of the growth allocation.
(1)
The manner in which growth allocation for a proposed project
will be subtracted from the total Town growth allocation will be based
on the area of disturbance.
(2)
Disturbed areas are defined as those portions of the development
site which either do not remain in natural vegetative cover or are
not revegetated after the development is completed.
(3)
In order to determine the area of disturbance, the Town will
compute the total area of structure coverage and other impervious
surfaces. The total of these computations will be subtracted from
the Town growth allocation.
D.
Process.
(1)
The Town's growth allocation will be used on a project-by-project
basis to permit densities that are consistent with the Comprehensive
Plan, the Critical Area Program, and the existing zoning when a specific
development project is proposed. The following procedures will be
followed in determining if a site qualifies for growth allocation.
(a)
Applicants for growth allocation will request that the Mayor
and Council assign growth allocation to their project site.
(b)
All applications for the Growth Allocation District Classification
shall be accompanied by a project site plan, or subdivision plat prepared
as per the requirements of the Town of Rock Hall Zoning Ordinance
or Subdivision Regulations.
(c)
The Town staff will review concept, sketch, or comprehensive
development plans submitted for consistency with the Critical Area
Program and will provide technical comments and recommendations to
the applicant prior to submission of preliminary site plans or plats.
(2)
Permitted development density or intensity will be determined
at this time, subject to the applicant obtaining approvals from local,
state and federal authorities for such things as sewer, water, access,
dredging permits, and forest management plans.
(a)
After the applicant has incorporated the staff's recommendations
and obtained all necessary approvals, a preliminary site plan or subdivision
plat may be submitted for growth allocation.
(b)
Before being considered for growth allocation by the Mayor and
Council all applicants will be required to obtain all local, state
and federal comments, recommendations, approvals and permits required.
(c)
Following the staff review of the revised submission, and after
the applicant has addressed the recommendations of the staff's,
the growth allocation application will be reviewed by the Town of
Rock Hall Planning Commission.
(d)
A hearing to permit the public an opportunity to comment on
the proposed use of the Town's growth allotment will be conducted
by the Planning Commission prior to making a recommendation to the
Mayor and Council.
(e)
Applications for growth allocation will be forwarded to the
Critical Area Commission for approval after the Mayor and Council
has made their recommendations.
(f)
A final public hearing on the application for growth allocation
and so amending the Critical Area Program will be held by the Mayor
and Council.
(g)
If the growth allocation is tentatively approved by the Mayor
and Council, the application is forwarded to the Critical Areas Commission
for action and/or approval.
(h)
In approving an application for growth allocation, the Mayor
and Council may establish conditions of approval that are consistent
with the intent of the Town's Critical Area Program.
(i)
Following approval by the Mayor and Council and the Critical
Area Commission, the applicant may proceed to the preparation of the
final site plan or subdivision plat.
(j)
Prior to approving the final site plan or subdivision plat,
the Planning Commission will ensure that all conditions of approval
are incorporated into the final plan, public works agreement, deed
covenants, etc.
(k)
Final subdivision plats and site plans shall be processed as
per the requirements of the Town of Rock Hall Zoning Ordinance and
Subdivision Regulations.
E.
Recording the GA Growth Allocation District.
(1)
The Official Critical Area Map(s) will be amended to reflect
the new "GA" District classification along with a notation of the
new land management classification.
(2)
Successful projects granted the "GA" District classification
will be submitted for final site plan or final subdivision approval
as per the requirements of the Zoning and/or Subdivision Regulations
and shall delineate the Growth Allocation District on the record plat
or site plan.
