A. 
Purpose and scope. The purpose and intent of this section is to provide minimum standards for townhouse developments to ensure the necessary amenities normally associated with such developments; to provide for design requirements that will promote appropriate and acceptable layout and grouping of such units to create a quality environment to live in; to provide minimum standards for the ownership and maintenance of common areas; to ensure adequate public improvements such as streets, walks, etc., are provided, to prevent detrimental effects on the use and development of adjoining properties; and to promote the health, safety and welfare of the residents of the development and neighborhood. The provisions of this section shall apply to all townhouse developments regardless of zoning district in which located.
[Amended 9-11-2017 by Ord. No. 2017-7; 8-3-2020 by Ord. No. 2020-01; 11-6-2023 by Ord. No. 2023-32]
B. 
Density. The overall density shall not exceed the maximum density permitted within the zoning district in which the development is located.
C. 
Lot size, width and yards. The minimum lot size, lot width and yard areas shall be as required by the zoning district in which the development is located, except when adjacent to collector or higher classification streets as designated on the Town Master Plan, the yard area abutting the street shall be at least 35 feet.
D. 
Street frontage. All townhouse lots shall front on a public street constructed to Town standards.
E. 
Access drives to off-street parking. All access drives to off-street parking may be private but shall be constructed to minimum Town standards for local access streets. The total length of the private access drive and off-street parking area shall not exceed 300 feet.
F. 
Off-street parking areas. Off-street parking shall not be located between the front of the townhouse building and the public street. No parking area shall be more than 100 feet from the townhouse lot it is to serve. Parking area pavement shall be constructed according to the standards for Town streets.
G. 
Buffers. Where a townhouse development abuts a single-family residential or commercial or industrial development, a minimum buffer yard of at least 50 feet in width shall be provided.
H. 
Maintenance of common land and facilities. Any proposed common areas, property or facilities shall be conveyed to an incorporated nonprofit homeowners' association in accordance with provisions of the Subdivision Regulations.
I. 
Other site improvements. The townhouse development shall provide for other necessary on-site improvements, such as lighting, sidewalks, firelanes, signing, landscaping, dumpsters and recreation facilities, as necessary to meet the needs of the development. The Planning Commission must approve the location and extent of all on-site improvements.
J. 
Variations. The Planning Commission, upon written application, shall have the power to modify the requirements of Subsections C through G upon finding of practical difficulty or unnecessary hardship and that such modification will not substantially impair the appropriate use or development of adjacent property or be detrimental to the public safety and welfare.
[Added 9-11-2017 by Ord. No. 2017-7; amended 8-3-2020 by Ord. No. 2020-01]
A. 
Purpose and scope. The purpose and intent of this section is to provide supplemental requirements for the approval of development plans for properties zoned in the CC District and in the Mixed Use District (MXD) in order to implement the mixed-use development as set forth in §§ 112-39C(12) and 112-62F(29) and in § 112-37.2.
B. 
Preconcept sketch layout plan. As part of the initial phase of the development approval process, the applicant shall provide the Commission with a preconcept sketch layout plan, which shall contain the to-scale preliminary layout of the project with the proposed density, including the number and approximate location of proposed residential units and the approximate location and square footage of commercial space, the proposed dwelling types, the proposed mixed-use ratio of residential to commercial uses, the general locations of proposed future roads and connections and/or improvements to existing roads, the proposed amount and general location of parking, the preliminary location of stormwater management facilities and open space, and the approximate water and sewer allocations from the Town that the development will require, if any.
C. 
Pattern book and concept plan. In accordance with the procedure set forth in Subsection E below, the applicant shall also prepare and submit to Town planning staff and the Planning Commission a pattern book, along with a concept plan in accordance with Article VIII (for site plans), Article IX (for subdivision plans) or Article X (for minor subdivision plans) of this chapter, as applicable, that will in greater detail and with greater precision address the site planning, architectural, and signage requirements for the proposed development. Once approved by the Commission, the pattern book and concept plan shall govern development of the mixed-use development. The applicant will follow the design guideline provisions adopted by the Town of Mount Airy. The pattern book and concept plan shall be prepared by a licensed professional landscape architect, architect, or engineer. The pattern book shall include, at a minimum, the following sections:
(1) 
An introduction that shall contain:
(a) 
Description of the overall development.
(b) 
Market summary for the proposed uses.
(c) 
Relationship between the proposed development and the existing Town limits.
(2) 
Site planning components.
(a) 
Relationship of uses within the development.
(b) 
Focal points of the development and how they have been maximized.
(c) 
Vehicular and pedestrian connectivity within the development and to the Town, to include walking and cycling paths.
(d) 
Proposed recreational areas within and adjacent to residential areas, including proposed improvements to recreational areas to serve the intended residential population.
(e) 
Building and parking setbacks.
(f) 
Parking ratios per use shall be in accordance with § 112-7.
(g) 
Proposed service and loading spaces.
(h) 
Pedestrian-oriented scale and design.
(i) 
Any area utilized for outdoor storage, as defined in § 112-71.
(j) 
The locations for outdoor displays.
(k) 
Drive-through service location and layout.
(l) 
Setback requirements from public streets, other structures within the development, the property boundaries and, with respect to property lines that abut less intensive zoning districts, buffers.
(3) 
Architectural design.
(a) 
Architectural style and overall design principles.
(b) 
Graphic examples of selected style.
(c) 
Design details and materials.
(d) 
Green initiatives.
(4) 
Landscape architectural design.
(a) 
Public spaces.
(b) 
Hardscape and softscape design details and materials.
(c) 
Streetscape design.
(d) 
Site furnishing details and products.
(e) 
Landscape screening (perimeter buffers, parking lots, service and loading areas).
(f) 
Lighting details and materials.
(5) 
Signage plan. All sign regulations under Town Code § 112-11 shall apply.
(6) 
Management and maintenance program.
(a) 
For privately owned property.
(b) 
For common areas.
(7) 
Phasing of the development.
(a) 
The anticipated timeframe when various milestones of the development are anticipated to be developed. Consideration as to balancing the development of various uses to maximize the fiscal benefit to the development and the Town should be given. In addition, consideration as to the availability of planned community amenities should be balanced with the development of retail services.
(b) 
The relative mix of uses and the development milestones and phasing of permits for each stage of development shall be determined to be reasonable in the discretion of the Planning Commission.
D. 
The preconcept sketch layout plan and pattern book shall be evaluated based on the purpose and objectives of the mixed-use development as outlined in § 112-39.1A and B or, as applicable, the Mixed Use District as outlined in § 112-37.2.
E. 
Approval process. MXU-CC and MXD development approval shall follow the following process:
(1) 
An applicant shall submit the preconcept sketch layout plan to Town planning staff and the Planning Commission in accordance with this section.
(2) 
The Planning Commission shall hold at least one charrette and separate public hearing at which members of the public shall be permitted to review the preconcept sketch layout plan and make public comment. The charrette and public hearing shall be advertised as follows:
(a) 
At least 30 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Town.
(b) 
Property upon which a mixed-use development is proposed shall be posted conspicuously by a notice at least 24 inches by 36 inches in size, for at least 30 consecutive days before the date of the hearing.
(c) 
Notice of the hearing shall be sent by first-class mail to that person making application to the Commission no less than 30 days prior to the first scheduled hearing.
(d) 
At least 30 days prior to the first scheduled hearing, notice of the hearing shall be sent by first-class mail to those persons identified by the applicant as persons owning property contiguous to the property which is the subject of the proceeding. Notice shall be sufficient if given to the person shown as the owner on the tax rolls and sent to the address where tax bills are sent.
(3) 
After completion of the charrette(s) and public hearing(s), the Town Council and Planning Commission shall hold a public joint workshop with the applicant to discuss the preconcept sketch layout plan, public comment and potential modifications thereto.
(4) 
After completion of the joint workshop, the Town Council shall at a public meeting of the Council consider and approve or disapprove a preconcept sketch layout plan.
(5) 
Upon approval of the preconcept sketch layout plan by the Town Council, and in conformity with the approved preconcept sketch layout plan, the applicant shall thereafter prepare and submit to the Town planning staff and Planning Commission the pattern book, application for water and sewer allocation in conformity with Chapters 91 and 109 of the Town Code, and concept plan in conformity with Article VIII (for site plans), Article IX (for subdivision plans) or Article X (for minor subdivision plans) of this chapter, as applicable. The Town Planning Commission shall in a public meeting review and take action on the pattern book and concept plan, at which time the Planning Commission will review and act upon the application for water and sewer allocation pursuant to Chapters 91 and 109, if any, and shall undertake adequate public facilities ordinance (APFO) review of the proposed development pursuant to Chapter 25, § 25-4 et seq.
(6) 
After the concept plan has been approved for the development, the applicant and Town may enter into a developers' rights and responsibilities agreement (DRRA).
(7) 
The applicant shall next submit to Town planning staff and to the Town Planning Commission a final plan in accordance with Article VIII (for site plans), Article IX (for subdivision plans) or Article X (for minor subdivision plans) of this chapter, as applicable, which the Planning Commission shall review and approve at a public meeting.
(8) 
Amendments to the approved final development plans must be approved by the Planning Commission in the following instances:
(a) 
A substantial change in use is involved;
(b) 
Increases in the height of building structures by 10 feet or more, provided that the increase does not exceed the building height standard set forth in § 112-37.2H or 112-39.1F;
(c) 
Substantial changes in the orientation or location of buildings or parking areas;
(d) 
Any decrease in the number of off-street parking spaces required by code;
(e) 
An increase of nonresidential building floor area by more than 10% or by more than 5,000 square feet; and
(f) 
An increase in the number of residential dwelling units by more than 10% or more than five units.
(9) 
Any application for amendment of final plans that must be approved by the Planning Commission must be submitted in accordance with Appendix A and Appendix E to this chapter.[1]
[1]
Editor's Note: Appendix A and Appendix E are included as attachments to this chapter.
(10) 
Elements of a final plan not materially affected by a proposed amendment may move forward in the development process while the amendment is processed and considered by the Planning Commission.
(11) 
Throughout the development review process, should the Planning Commission determine that additional assistance to review an application is required, the Town may hire licensed professionals (such as a landscape architect, architect, and/or engineer) to assist in the review of the application. The cost of any outside professionals shall be paid for by the applicant. The Town shall make every effort to minimize all costs associated with any outside professional assistance.
F. 
Drive-through services. Drive-through services permitted pursuant to § 112-39.1C(1)(c), (f),(h) and (k) and in the Mixed Use District (MXD) zone shall be subject to the following development standards unless the Planning Commission grants a variation pursuant to § 98-49:
(1) 
Drive-through lanes and service windows shall be located only in the back or sides of buildings.
(2) 
Drive-through lanes shall not be located along the street frontage(s) of a building.
(3) 
A maximum of two lanes shall be permitted.
(4) 
Drive-through services must be designed so as to not interfere with the circulation of pedestrian or vehicular traffic on the adjoining streets, sidewalks, or drive aisles.
(5) 
Drive-through speakers shall not be audible from adjacent residential uses or residentially zoned properties.
(6) 
Drive-through canopies and other structures, where present, shall be constructed from the same material as the primary building and with a similar level of architectural quality and detailing.
(7) 
No more than one drive-through shall be permitted for the first 50,000 square feet in footprint of commercial space, and thereafter no more than one drive-through for each additional 50,000 square feet in footprint of commercial space shall be permitted, and the Planning Commission shall have the power to further limit drive-throughs in terms of their number, layout, and location, taking into account their impact on vehicular and pedestrian traffic.
G. 
Outdoor storage areas. Inventory shall be delineated on the final site plan or preliminary subdivision plan and shall be screened from view of public and private right(s)-of-way and adjacent property. Landscaping, or screening, will be required along the perimeter of the outdoor storage area in a manner acceptable to the Planning Commission. Only those outdoor storage areas approved on the approved final site plan or preliminary plan shall be permitted for MXU-CC properties or in the MXD.
H. 
Seasonal displays. Seasonal sidewalk displays shall comply with applicable provisions of the Town Code.
[Added 3-1-2021 by Ord. No. 2020-30]
A. 
Applicability.
(1) 
The Town may enter into a developers' rights and responsibilities agreement (DRRA) with person(s) with legal or equitable interest in real property on which development is proposed within the Town.
(2) 
The Town of Mount Airy may include a federal, state, or local government or unit as an additional party to the agreement.
B. 
Mandatory provisions. An agreement shall include:
(1) 
A legal description of the real property subject to the agreement;
(2) 
The names of the persons having a legal or equitable interest in the real property subject to the agreement;
(3) 
The duration of the agreement;
(4) 
The permissible uses of the real property;
(5) 
The density or intensity of use of the real property;
(6) 
The maximum height and size of structures to be located on the real property;
(7) 
A description of the permits required or already approved for the development of the real property;
(8) 
A statement that the proposed development is consistent with this Code and the Town's Comprehensive Plan in effect when the DRRA is executed;
(9) 
A description of the conditions, terms, restrictions, or other requirements determined by the Town Council to be necessary to ensure the public health, safety, or welfare; and
(10) 
To the extent applicable, provisions for the:
(a) 
Dedication of a portion of the real property for public use;
(b) 
Protection of sensitive areas;
(c) 
Preservation and restoration of historic structures;
(d) 
Construction or financing of public facilities; and
(e) 
Responsibility for attorney's fees, costs, and expenses incurred by the Mayor and Council in the event an agreement is abandoned or breached by the applicant.
C. 
Optional provisions. An agreement may:
(1) 
) Fix the time frame and terms for development and construction; and
(2) 
Provide for other terms as may be agreed upon by the parties consistent with this section and/or consistent with the Town's Comprehensive Plan, or the approved pattern book and concept plan for the proposed development.
D. 
Procedures.
(1) 
Petition. After approval of the development's concept plan pursuant to § 98-61E(6), the person(s) having a legal or equitable interest in the real property at issue, or the representative(s) of such person(s), shall submit a petition for approval of a DRRA to the Town Community Planning Administrator. The petition shall contain and/or be accompanied by the following:
(a) 
A copy of the proposed DRRA. The proposed DRRA shall be consistent with the Town's Comprehensive Plan and the approved pattern book and concept plan for the proposed development;
(b) 
A title certificate completed within the last 30 days for the property setting forth all those with legal or equitable interest in the real property at issue, including any and all lien holders, executed by an attorney authorized to practice law in the State of Maryland;
(c) 
The signatures of each person holding a legal or equitable interest in the real property at issue, including any lien holder; and
(d) 
The payment of any applicable fee set by the Town by ordinance or resolution.
(2) 
Upon receipt of the proposed DRRA, the Town Community Administrator, with the assistance of the Town Attorney and other Town staff as needed, shall review the proposed DRRA for consistency with the Town's Comprehensive Plan and approved pattern book and concept plan for the proposed development, and, if found consistent therewith, shall refer the proposed DRRA to the Planning Commission with request for determination by the Planning Commission that the proposed agreement is consistent with the Comprehensive Plan, approved pattern book and concept plan.
(3) 
The Planning Commission shall as reasonably practicable thereafter make a determination as to whether the proposed DRRA is consistent with the Town's Comprehensive Plan, the approved pattern book and the approved concept plan.
(4) 
If the Planning Commission determines that the proposed DRRA is consistent with the Town's Comprehensive Plan, the approved pattern book and the approved concept plan, the Town Council shall as reasonably practicable thereafter hold a public hearing, and shall consider approval of the proposed DRRA. Notice of the hearing shall be published in a newspaper of general circulation in the Town once each week for two consecutive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing.
(5) 
The Town Council may approve the proposed DRRA only if the Planning Commission has determined that the proposed DRRA is consistent with the Town's Comprehensive Plan, and the approved pattern book and concept plan for the proposed development.
(6) 
Once approved by the Town Council, the DRRA shall be signed by the Mayor and all person(s) having legal or equitable interest in the real property, including any lien holders or other persons holding superior rights for the purposes of subordinating their rights to those of the Town. Unless an extension is granted by the Town Council, the DRRA shall be executed by all person(s) having legal or equitable interest in the real property within 45 days of approval by the Town Council, or said approval shall become null and void.
E. 
Duration. An agreement shall run with a phasing schedule, but shall not exceed five years after the day on which the parties execute the agreement unless otherwise set forth in the agreement or extended by amendment pursuant to Subsection F below.
F. 
Amendment.
(1) 
The parties to the DRRA may amend the DRRA by mutual consent subject to Subsection F(2). The process for approval of an amendment to an approved DRRA shall follow process set forth in Subsection D above.
(2) 
The parties may amend a DRRA only after a public hearing before the Town Council and only if the Planning Commission determines that said amendment is consistent with the Town's Comprehensive Plan, the approved pattern book (as amended, if applicable) or the approved concept plan (as amended, if applicable).
G. 
Termination of agreements; suspension.
(1) 
The parties to the DRRA may terminate the agreement by mutual consent.
(2) 
If the Town Council determines that suspension or termination is essential to ensure the public health, safety, or welfare, the Town Council may suspend or terminate an agreement after a public hearing.
H. 
Applicable laws, regulations and policies
(1) 
Except as provided in Subsection H(2), the laws, rules, regulations, and policies, including the Adequate Public Facilities Ordinance standards for adequacy, governing the use, density, or intensity of the real property subject to the agreement shall be the laws, rules, regulations, and policies in force at the time the parties execute the DRRA.
(2) 
If the Town Council determines that compliance with laws, rules, regulations, and policies enacted or adopted after the effective date of the agreement is essential to ensure the health, safety, or welfare of residents of all or part of the Town, a DRRA may not prevent the Town from requiring a person to comply with those laws, rules, regulations, and policies.
I. 
Recording. An agreement that is not recorded in the land records office of the county in which the property is located within 20 days after the day on which the parties execute the agreement is void. The parties to an agreement and their successors in interest are bound to the agreement after the agreement is recorded.
J. 
Enforcement. Unless the agreement is terminated under Subsection G of this section, the parties to the DRRA or their successors in interest may enforce the agreement.