[Added 6-23-2009 by Ord. No. 09-05]
A. Purpose. The Kent Island Suburban Commercial (KISC) District is intended
to provide primarily for a variety of commercial uses and limited light industrial uses, in predominately
rural or suburban areas not served by public sewer. Extensive landscaping requirements and other restrictions within
the KISC District are intended to mitigate commercial use impacts and preserve surrounding rural or suburban character.
B. Permitted uses.
(7)
Convenience stores, with or without gas pumps.
(11)
Drive-through beverage stand.
(21)
Manufactured home single-wide; allowed only
as a replacement for any legal existing
mobile home or single-wide home; and to provide temporary shelter, provided the provisions of §
18:1-53 of this Chapter
18:1 have been met.
(23)
Miniwarehouse (with or without exterior
storage).
(25)
Nonprofit and for-profit institutional.
C. Conditional uses.
(3)
First-floor commercial apartments.
(6)
Minor extraction and dredge disposal uses.
(8)
Telecommunications facilities.
D. Density/intensity requirements.
(1)
Maximum residential density: not applicable.
(2)
Maximum nonresidential floor area ratio.
(d)
In the
growth area, floor area allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(b)
Auto repair with repair areas;
(c)
Banks and other financial facilities;
(g)
Commercial or trade schools:
(h)
New and used vehicle sales/service and repair with exterior
storage and/or repair areas;
(i)
Nonprofit and for-profit institutional;
(j)
Offices: business or professional; medical offices and clinics; veterinary offices ; and all other offices;
(l)
Recreational vehicle sales;
(m)
Theaters and auditoriums (indoor); and
(n)
Where approved by conditional use granted from
the Board of Appeals:
[1] Light industrial, where incidental
retail stores do not exceed 25,000 square feet of gross floor
area.
E. Dimensional and bulk requirements.
(1)
Residential uses: not applicable.
(2)
Nonresidential uses.
(a)
Maximum, impervious surface ratio.
[2] In the
growth area, impervious
surface ratio allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(b)
Minimum lot frontage: 35 feet.
(c)
Minimum setbacks.
[2] U.S. Routes 50/301: 50 feet.
(d)
Maximum building height.
[1] Telecommunications facilities:
55 feet.
F. Access. All development and redevelopment in the
KISC District shall be required to limit and consolidate entrances
and curb cuts, to the extent practical, through the use of shared
entrances, off-site parking, internal circulation
systems that connect parking areas and other means.
All development and redevelopment shall be in accordance
with the Vehicular and Pedestrian Access and Circulation Standards
of the Commercial and Mixed-Use Development Standards adopted by Resolution
of the County Commissioners No. 08-05, Town Center (TC) and Urban
Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development
Standards, as amended.
G. Design guidelines. Development in the KISC District
shall conform to the Town Center (TC) and Urban Commercial Design
Guidelines: Commercial and Mixed-Use Development Standards adopted
by Resolution of the County Commissioners No. 08-05, Town Center (TC)
and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use
Development Standards, as amended. The Planning Commission shall consider these guidelines and the community design objectives
of the Chester/Stevensville Community Plan in its review of all new development, infill, redevelopment and renovations within
the KISC District. The Planning Commission may not
approve development applications that have not made
a practical and good faith effort to comply with the adopted Town
Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial
and Mixed-Use Development Standards, as amended, and community design
objectives of the Chester/Stevensville Community Plan, and the following
design guidelines:
(1)
All lighting proposed on properties near the Airport District
must be directed away or shielded from the airport and designated
flight path;
(2)
Properties developing near the existing airport should provide
fencing, berming and a landscaping buffer to minimize impacts of noise
and glare from the existing airport on the proposed development. Proposed developments should
also provide berming, landscaping and fencing to minimize any adverse
impacts to the airport property; and
(3)
Potential safety conflicts between the existing airport and
new
development shall be minimized.
Site design including
building height, building location,
and landscaping should consider the on-site and off-site impacts of
the existing airport. All new
buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter
18:1.
(4)
Roadside sidewalks are required to be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks are to be provided in accordance
with the Commercial and Mixed-Use Development Standards on Pedestrian
Access and Circulation.
(5)
Parking location and layout shall be in accordance
with the Town Center (TC) and Urban Commercial (UC) Design Guidelines:
Commercial and Mixed-Use Developments Standards, if applicable.
(6)
Newly installed utility and service connections are to be placed
underground wherever possible.
(7)
Exterior lighting shall be designed in accordance with the Town
Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial
and Mixed-Use Development Standards.
(8)
Building design, location, style, architectural
details, materials and colors shall adhere to the Town Center (TC)
and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use
Development Standards.
(9)
Mechanical equipment or other utility equipment and hardware
shall be screened in accordance with the Town Center (TC) and Urban
Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development
Standards, Screening of outside storage areas and
service equipment shall also be accomplished in accordance with the
Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial
and Mixed-Use Development Standards.
(10)
Pedestrian-oriented open spaces shall be created in accordance
with the Town Center (TC) and Urban Commercial (UC) Design Guidelines:
Commercial and Mixed-Use Development Standards.
(11)
Multiple-story buildings with commercial
uses on the ground floor and mixed office or commercial apartment uses on upper floors are
encouraged.
H. Development review process. Notwithstanding the provisions of Chapter
18:1, Part
7, the following items shall apply to the
development review process for KISC projects.
(1)
A preapplication conference between the applicant and Department
of Planning and Zoning staff is required for all KISC District development.
(2)
The applicant shall submit any additional information plans, specifications, documents, drawings, etc., as necessary to determine compliance with the requirements of this Chapter
18:1 and the Town Center (TC) and Urban Commercial, (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended.
I. Landscaping requirements.
(1)
The number of plantings required in the KISC District shall
be consistent with the number of plantings required in the Town Center
(TC) and Urban Commercial (UC) Districts.
(2)
The location of required plantings can be adjusted to accomplish
the Town Center (TC) and Urban Commercial (UC) Design Guidelines:
Commercial and Mixed-Use Development Standards adopted by Resolution
of the County Commissioners No. 08-05, Town Center (TC) and Urban
Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development
Standards, as amended.
(3)
To accomplish the Town Center (TC) and Urban Commercial (UC)
Design Guidelines: Commercial and Mixed-Use Development Standards,
as amended, additional landscaping may be necessary.
[Amended 9-7-2004 by Ord. No. 04-16; 5-13-2008 by Ord. No.
08-04; 2-24-2009 by Ord. No. 08-19]
A. Purpose.
[Amended 6-11-2013 by Ord. No. 13-09]
(1) The Waterfront Village Center (WVC) District is intended to facilitate
orderly mixed-use commercial, light industrial, marine-oriented,
and seafood-industry-oriented uses at the Kent Narrows
in accordance with the Kent Narrows Community Plan.
(2) The WVC District is intended to preserve the character of the working
waterfront in the Kent Narrows area and allow greater freedom, imagination,
and flexibility in the development of land surrounding
the waterfront while insuring excellence in urban design and district
appearance. The WVC District allows flexibility in the relationship
of uses, structures, open spaces, water views and
vistas, and heights of structures.
(3) This section is further intended to encourage more rational and economic development, and to encourage consistency with the objectives
of the Kent Narrows Development Foundation, and the Community Plan
for the Kent Narrows to accomplish the following objectives:
(a)
To establish the Kent Narrows as a year-round destination by
encouraging a mixture of uses that will attract visitors
to the area.
(b)
To link the quadrants of Kent Narrows for pedestrian access,
centralize parking and provide for pedestrian circulation
throughout the area, preferably along the waterfront, to alleviate
the need for vehicular traffic throughout the community.
(c)
To ensure that all new development and redevelopment
will have architectural design sensitive to the character of Kent
Narrows through establishing architectural design standards.
(d)
To establish County incentives for developers and property owners to create public improvements on or off their sites that will enhance pedestrian access by creating public access boardwalks
along the water and creating public plaza areas with pedestrian features
such as ornamental lighting, illuminated bollards, benches, trash
receptacles, information kiosks, wayfinding signage and other pedestrian furniture.
(e)
To allow flexibility in development standards
in order to encourage innovation and creativity in development and redevelopment and to discourage underutilization of valuable
parcels of land.
B. Permitted uses.
(1) Live-work units and home
occupations.
(2)
Mixed-use: Commercial combined
with residential components.
(3) All
temporary uses as permitted in §
18:1-53 of this Chapter
18:1.
(5) Community or recreational centers.
(6) Conference/convention centers,
banquet facilities and resort hotels.
(7) Dredge disposal that disturbs less than 10 acres of land.
(8) Gymnasiums, spas and health clubs.
(10)
Multifamily permitted to continue
if development plans are approved prior to July 1,
2008.
(14)
Visitors and heritage centers.
(15)
The following commercial uses: theaters, business and professional offices, medical offices and clinics, offices, barbershops,
ice cream stores and stands, light mechanical repair, liquor stores,
retail sales, specialty retail sales, photo shops, tailor shops, boat
repair and sales, furniture sales, banks and other financial institutions,
service business, travel agencies, restaurants excluding drive-in
facilities, bars, nightclubs, taverns, maritime
stores, convenience stores provided that
the convenience stores are part of a larger development, hotels, motels, bed-and-breakfast/country
inns, fraternal organizations, commercial apartments, arts
and craft studios and shopping centers.
(16)
The following for-profit indoor recreational uses: swimming pools, skating rinks (both ice and roller),
tennis courts, miniature golf, soccer, lacrosse, racquetball courts,
handball courts, bowling alleys, and other similar indoor athletic
facilities.
(17)
The following light industrial uses: boat building, repair, maintenance and ground level boat storage,
seafood processing and packing plants, furniture refinishing shops,
monument works, scientific research and testing facilities related
to marine activities, and trade shops.
(18)
The following outdoor recreation uses: jogging, cycling, tot-lots, playfields, outdoor swimming pools,
tennis courts, putt-putt golf and all passive recreational
uses, such as nature areas, picnic areas and wildlife sanctuaries.
(19)
The following marine-related uses: marinas, boat docks, slips, piers, yacht clubs,
wharves, anchorages and moorings for yachts and pleasure boats or
for boats for hire carrying passengers on excursions, sightseeing,
pleasure or fishing trips.
(20)
Commercial waterman-related facilities including
dockage, storage and sales.
(21)
Public parking lots, private parking lots and parking facilities.
(22)
Public parks, landings, open space, plazas, amphitheaters and public space and recreational
facilities.
(23)
Facilities for marine police, harbor master
and other marine enforcement and service agencies.
C. Conditional uses.
(1) Minor extraction and dredge disposal uses.
(2) Telecommunications facilities.
(3) Public or private parking structures or garages.
(4) High dry storage facilities or rackominiums.
D. Accessory uses.
(1) Satellite simulcast facilities. Satellite simulcast facilities are allowed as an accessory use in the WVC District, provided that there shall
be principal dining areas separate from those areas dedicated to the
joint use of dining and satellite simulcast facilities.
(2)
Retail kiosk. Retail kiosks are allowed as an
accessory use in the WVC District,
provided retail sales are restricted to non-food items. A
retail kiosk is a temporary
structure that
is stored indoors when not in use and considered a
temporary
use in accordance with requirements as outlined in §
18:1-53 of this Chapter
18:1.
[Amended 4-12-2016 by Ord. No. 16-01]
(3)
Permanent display of public art and heritage
exhibits in public accessways.
(4)
Outside storage and display in accordance with requirements outlined in §
18:1-49.
(5) Recreational
vehicle overnight
parking.
[Added 9-27-2022 by Ord. No. 22-02]
(a) Shall be accessory to and permitted only on land owned by a bona
fide
fraternal organization operating as of July
1, 2022. This
temporary use is permitted in accordance with requirements as outlined in §
18:1-53 of this Chapter
18:1.
(b)
Overnight parking shall not exceed more than
15 recreational vehicles.
(c)
No recreational vehicle may be parked overnight for more than
four consecutive days.
(d)
Occupants of the recreational vehicle may stay overnight in
the recreational vehicle if they are members or guests of the organization.
(e)
No waste disposal facilities are to be located on-site. All
waste shall be disposed of at a legal and licensed waste disposal
facility off the premises or by a legal waste pump and hauling vehicle.
(f) Shall comply with all other applicable laws and regulations.
E. Prohibited uses.
(1)
Abandoned or sunken craft.
(2)
Covered piers or roofed structures over piers built before July 1, 2008. All existing and replacement
of existing covered piers or existing roofed structures over piers are permitted to continue and/or be replaced in accordance
with applicable state regulations.
(3)
Outside rack storage for boats.
F. Development standards.
(1) Residential
densities.
Mixed-use
development shall be allowed at a
density of 10
dwellings per
acre.
[Amended 6-11-2013 by Ord. No. 13-09]
(2) Bulk standards for all uses.
(a)
Development in the WVC Zoning
District must comply with the following bulk and dimensional standards.
[1]
No principal residential
structure may be located less than 100 feet from any
tidal waters or
wetland unless it meets the provisions and criteria of §
14:1-53 of the
County Code.
[2]
The maximum floor area ratio (FAR) shall be 0.30 calculated on an individual lot area basis or cumulative for one or more contiguous lots or noncontiguous lots separated by a public or
private road where lots are under
common ownership or part of a unified development proposal, provided development is in compliance
with parking requirements and front, side yard and
rear yard setbacks. With respect to contiguous lots, side and rear yard setbacks may be waived to allow development across lot lines. For one or more contiguous parcels
or noncontiguous parcels in common ownership or part of a unified development proposal in which FAR is calculated
cumulatively, future development or redevelopment
of said lots shall be restricted to not exceed maximum FAR cumulatively. Definitions of lot, floor area
ratio and base site area are applicable
with respect to further subdivision or use of lots.
[3]
All structures shall comply
with the following minimum setback requirements.
Waterfront Village Center
|
---|
Feature
|
Setback
(feet)
|
---|
U.S. Routes 50/301 graded road
|
50
|
U.S. Routes 50/301 (elevated bridge)
|
25
|
MD Route 18
|
25
|
All other public roads
|
25
|
Nontidal wetland
|
25
|
Tidal wetland
|
15
|
Between all structures
|
6
|
Rear yard
|
10
|
Side yard
|
10*
|
NOTES:
|
* Buildings on two adjacent lots or parcels may have less than a ten-foot setback from
the property line, provided that the spacing between buildings is at least 20 feet.
|
[4]
Height standards. The maximum height of any building may not exceed 45 feet, as measured from the flood
control elevation. Telecommunications facilities may
not exceed 55 feet in building height.
[5]
Residential units including
commercial apartments shall comply with § 18-1:108, Moderately
priced dwelling units, of this chapter.
[Added 10-24-2017 by Ord.
No. 17-12]
(3) Open space for mixed use
development. The open space ratio (OSR) for
all mixed use development shall be a minimum of 0.30.
The following uses are permitted in open spaces:
(a)
Private recreation facilities and open
space.
(b)
Stormwater management facilities using best management practices that are aesthetically pleasing
and consistent with waterfront development.
(c)
Public pedestrian accessways with improvements
in the form of boardwalks, paths, amphitheaters,
landscaped plazas and any combination thereof. Improvements shall
be appropriately located to complete connections between the existing
portions of boardwalk, sidewalks, paths and the Cross Island Trail
and future connections with an emphasis of providing public access and recreation along the waterfront.
[1]
Developers/land owners shall
be responsible for the perpetual maintenance of public open
space and improvements.
[2]
Developers/land owners shall
dedicate public access easement(s) for boardwalks, paths, amphitheaters, landscaped plazas and any combination thereof
for perpetual use of, and access to the public.
[3]
Public art, heritage displays and interpretive
signage can be placed within required open space with
public access.
(4) Commercial apartments. Commercial apartments are not required to be included in the floor area ratio calculation of a building, nor shall it be considered
residential density, except that the percentage of commercial apartments as part of mixed-use shall not exceed that otherwise provided for in the table of Mixed Use Options for which commercial apartments shall be considered residential.
G. Limitations on specific uses.
(1) No individual use and/or tenant space
in a structure shall occupy more than 65,000 square
feet of gross floor area, except for the following uses:
(c)
Community or recreational centers.
(d)
Conference/convention centers and resort hotels.
(e)
High dry storage facilities or rackominiums with mixed use development, where approved by conditional use granted from the Board of Appeals.
(h)
Multifamily commercial condominiums.
(j)
Offices: business or professional;
medical offices and clinics; veterinary offices; and all other offices.
(l)
Marinas, where approved by
conditional use granted from the Board of Appeals.
H. Parking requirements.
(1) Spaces shall be a minimum of 8 1/2 feet by 18
feet, except as provided below.
(a)
Except as provided in this subsection, the
parking requirements for all
development shall be those required under Chapter
18:1, Part
4, Article
XIII, of this Chapter
18:1.
(b)
Parking required under this section or Chapter
18:1, Part
4, Article
XIII, of this Chapter
18:1 may be provided completely or partially off site, provided that the
parking area is in the WVC District; and the applicant enters
into a written agreement with the
County ensuring
access for the
development and the general public.
Such written agreement shall be recorded among the land records of
the
County.
(c)
The proposed development shall
be generally consistent with the circulation plan for both vehicular
and nonvehicular modes of travel as described in the Comprehensive
Plan and the Kent Narrows Community Plan.
(d)
The Planning Commission may
off-set required on-site parking when an applicant
provides for the equivalent construction of new parking spaces on public property, or property to be deeded to the County as public land, within the WVC District.
(e)
When hotels are located in
concert or adjacent to banquet or conference facilities the Planning Commission may
grant a reduction in the required on-site parking when an applicant has provided pedestrian links and can demonstrate
a partnership between the banquet/conference facility and hotel.
I. Signage.
(1)
Purpose and findings.
(a)
Signage associated with various land uses can have a significant effect on the health, safety,
and welfare of the citizens of the County. It is
desirable to minimize signs that distract a driver's
attention from the road. It is also recognized, however,
that signage is a necessity for business areas to thrive.
(b)
The Kent Narrows Waterfront Village Center District
is intended to be an economic and commerce center in the County. The Kent Narrows Community Plan is aimed at creating a destination
place for tourism and recreational activities. The new high-level
Kent Narrows Bridge and road improvements move traffic
through the area at a much faster speed, thereby making it more difficult
for individual businesses to attract visitors.
(c)
All signage for single or multiple uses must be consistent with the architecture of the principal structure and be submitted for review as part of a site plan review.
(d)
The regulations set forth in this subsection
are intended to allow reasonable visibility to area businesses while
not detracting from the character of the Kent Narrows.
(2)
Measurement of signage area. The signage area shall be measured in the manner prescribed in §
18:1-79 of this Chapter
18:1.
(3)
Sign lighting.
Sign lighting shall be allowed and defined in the manner prescribed in §
18:1-80 of this Chapter
18:1.
(4)
Applicable standards.
(a)
Except as provided in the table below, the general
signage regulations for all
development shall be those prescribed in §
18:1-81 of this Chapter
18:1.
WVC Signage Standards
|
---|
Sign Type
|
Dimension
|
---|
Parcels with Live-work units
|
|
Wall or projecting
sign per business
|
6 square feet
|
Parcels with Mixed-uses
|
|
Wall or projecting
sign per business
|
6 square feet
|
|
One freestanding sign for parcel
|
60 square feet
|
|
Maximum height for freestanding sign
|
15 feet
|
Parcels with one use or business
|
|
Wall or projecting
sign
|
|
|
Individual sign
|
90 square feet
|
|
One freestanding sign
|
60 square feet
|
|
Maximum height for freestanding sign
|
15 feet
|
Parcels with more than one use or business
|
|
Wall or projecting
sign per business
|
60 square feet
|
|
Freestanding sign for parcel
|
60 square feet
|
|
Wall or projecting
sign to identify overall development
|
|
|
Individual sign
|
90 square feet
|
|
|
Cumulative
|
180 square feet
|
|
Maximum height for freestanding sign
|
15 feet
|
Parcels with shopping centers or convention centers
|
|
Wall or projecting
sign per business
|
60 square feet
|
|
One freestanding sign for entire
parcel
|
150 square feet
|
|
Maximum height for freestanding sign
|
25 feet
|
(b)
As prescribed in the table in Subsection
I(4)(a) of this section, a parcel with more than one business is allowed:
[1]
A freestanding sign for the
overall site;
[2]
A wall or projecting
sign for each business; and
[3]
A wall or projecting
sign to identify the overall site.
(5)
Specific types of signs.
(a)
Use signs.
[1]
Where a use takes direct vehicular
access from more than one street or road, one additional freestanding sign shall be allowed for each road to which the use takes access.
[2]
Where a use adjoins more than
one street or road each frontage shall be allowed
a freestanding sign, provided that the total square
footage of freestanding signage on the site does
not exceed what is otherwise permitted for freestanding signage.
[3]
In addition to what is otherwise permitted by this Chapter
18:1, where a nonresidential
use adjoins
a navigable waterway, one
freestanding sign shall
be allowed, provided that the
sign does not exceed
10 feet in height and 35 square feet in area.
[4]
Public access signs, as specified
by the County, to identify areas that are open to
the public.
[a] Developers are
responsible for the cost associated with the fabrication, posting
and maintenance of public access signs.
[b] Public access signs will be prepared by the County, and the location
of public access signs will be specified by the County.
(b)
Development signs.
[1]
Residential development signs shall provide only the name of the subdivision and/or
a logo for the development, and may not exceed six
feet in height and 36 square feet in area.
[2]
All development signs shall
be freestanding.
[3]
Lighting of a development sign may be by the general lighting of the area, shielded spotlighting,
internal backlighting, or backlighting.
(c)
Miscellaneous signs.
[1]
Marquees for theaters and museums shall be allowed
one sign provided that the sign has
an area that does not exceed the lesser of 15% of the area of the facade on which it is located; or 250 square feet in area
whichever is less.
[2]
Heritage signs shall be allowed
within public accessways and on public lands of size, material, design,
content and location approved by the County.
(d)
On-premise directional signs.
[1]
On-premise directional signs for the purpose of directing on-site circulation, parking ,and loading may be allowed, provided that the signs may not exceed four square feet in area and six feet in height.
(e)
Wayfinding signs.
[1]
In order to facilitate reasonable advertising
of commercial, industrial, and institutional uses within the Kent Narrows Waterfront Village
Center, off-premises wayfinding signs with common
logo shall be allowed in accordance with this subsection.
[2]
One off-premises directional sign shall be allowed at each of the following intersections:
[a] Main Street/MD Route 18 and access road (east of Narrows);
[b] Kent Narrows Road and Kent Narrows
Way;
[c] Main Street/MD Route 18 and access road (west of Narrows);
[d] Piney Narrows Swan Cove Road and
Piney Narrows Road;
[e] Main Street/MD Route 18 and Kent
Narrows Way; and
[f] Any other locations deemed appropriate
by the Planning Commission.
[3]
Each sign shall contain:
[a] General directions (arrows pointing
north, south, east, and west);
[b] The names and directions of relevant
streets and roads; and
[c] The names of businesses advertised.
[4]
A sign may not exceed 20 feet
in height or 100 square feet in sign face area.
[5]
Signs and sign supports shall be constructed of natural material and consist of
earth-tone colors (i.e., brown, tan, gray); and shall be uniform in
materials and colors.
[6]
Sign script may not exceed
one foot in height for each business name.
[7]
Each off-premises directional sign shall advertise no more than 12 businesses.
[8]
The construction, design, location, and placement
of off-premises directional signs shall be administered
by the Kent Narrows Development Foundation, which shall have discretion
to establish reasonable fees and all signs shall
be subject to the approval of the Planning Commission.
(f)
Information kiosks. Information kiosks may be no higher than seven feet and
no larger than 12 square feet.
(g)
Temporary signs.
Temporary
signs shall be allowed in the manner prescribed in §
18:1-82G of this Chapter
18:1.
J. Accessory docking facilities. Subject to the limitations of §§
18:1-41 through
18:1-44 of this Chapter
18:1,
accessory docking facilities are
allowed in the Waterfront Village Center (WVC) District, provided
no overnight occupancy is allowed at any
accessory docking facility; and only docks and piers are allowed.
K. WVC District design guidelines:
(1) The architectural style, design and scale of buildings as well as their materials and colors must bear
a strong relationship to a waterfront setting. The architectural relationship
of the development to the waterfront as viewed from
the water and adjacent public streets is important with respect to
the following:
(a)
Vehicular and pedestrian linkages. Linkages
between architectural and site design of proposed development/redevelopment to all points or paths of public
access.
(b)
Buildings placement. Buildings should be placed along the waterfront oriented
to maximize water views and to allow for public access easements to the water. The following diagrams depict the design concepts
for placement of various amenities.
|
Figure 1: Design Concept for Waterfront
Access
|
(2) All new development and redevelopment
in the WVC District is strongly encouraged to incorporate the following
design guidelines. The Planning Director and/or Planning Commission shall consider these guidelines and
the applicable design objectives of the Kent Narrows Community Plan
when reviewing and approving development and redevelopment
within the WVC District, though some flexibility in application may
be necessary to accommodate existing conditions of a site or when balancing implementation of these design guidelines with
other regulatory requirements.
(a)
Boardwalks: Public access boardwalks as indicated
in the Future Circulation Plan, wherever possible, shall be located
at the shoreline unless an applicant proposing a secured facility
not open to the public can sufficiently demonstrate that a shoreline
boardwalk will compromise on-site security in the area where watercraft
are moored, berthed or docked at the waterfront then an alternate
pedestrian access to provide the connections proposed in the Future
Circulation Plan and public waterfront access may be considered. The Planning Commission or Planning Director may not approve an alternate boardwalk location unless it finds
that the alternative is consistent with the goals and objectives of
the Future Circulation Plan and the Kent Narrows Community Plan. The
following boardwalk design standards shall apply:
[1]
The minimum width at any location along the
boardwalk shall be 12 feet.
[2]
Top of deck shall be a minimum of four feet
above mean water level (MWL) or match the existing adjacent grade
elevation, whichever is greater.
[3]
The boardwalk and any other pedestrian ways
shall be handicapped accessible.
[4]
In situations where any part of the boardwalk
is laid directly on grade, the surface below the construction shall
be treated to prevent the growth of vegetation.
(3)
Exterior lighting: Exterior lighting should
be of a design and size compatible with the building and adjacent uses. Lighting should be restrained
in design, and excessive brightness or glare should be avoided. Lighting
for pedestrian areas, boardwalks and walkways should be aesthetically
pleasing and adequate for public safety, as well as in keeping with
the working waterfront design theme.
(a)
Pedestrian scale ornamental lighting shall be
provided along the waterfront on boardwalks and pedestrian walkways
using illuminated bollards along the waterfront and/or with pedestrian
scale ornamental lighting either along the edge of the boardwalk furthest
from the waterfront or placed behind the boardwalk between the boardwalk
and building facades. Figure 2 provides details of
acceptable styles with the ability to have a similar style approved.
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Figure 2 — Ornamental Lighting
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(b)
Along walkways and on boardwalks an illumination
level of 0.6 lumens per horizontal square foot shall be provided with
mounting height not in excess of 10 feet if ornamental lighting is
used. Sodium vapor light source is unacceptable for pedestrian lighting.
(c)
Parking lots shall be lighted
to an illumination level of 1.0 lumens per horizontal square foot
with mounting height not in excess of 25 feet. Sodium vapor light
source will be allowed.
(4)
Streetscapes, boardwalk, pathways and open space furniture: Outdoor furniture for streetscapes
and public spaces shall be in keeping with working waterfront design
theme. The following standards shall apply:
(a)
Benches shall be provided consistent with the
diagram. Benches shall be placed no further than 100 feet apart along
the boardwalk in groupings. Public plazas shall contain, at a minimum,
one linear foot of seating for every 100 square foot of plaza. Figure
3 provides details of an acceptable style.
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Figure 3 — Benches
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(b)
Trash receptacles shall be provided consistent
with Figure 4 and shall be spaced in proximity to benches, outdoor
dining areas and entrances to business establishments.
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Figure 4 — Trash Receptacles
|
(c)
Bollards shall be provided consistent with Figure
5. Depending upon the location and need for illumination, the bollards
may or may provide illumination for safety purposes. Illumination
requirements are to be determined by the County.
Bollards styles should be provided similar to diagramed design concept.
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Figure 5 — Illuminated Bollard
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(d)
All public and private streetscapes, boardwalks,
pathways and open space shall be built and improved
to meet the requirements for pedestrian access and to the specifications
for public improvements.
(5)
Landscaping: Parking areas
and sidewalk areas shall be enhanced with landscaping. Attractive
landscape transition to adjoining properties should be provided and
existing mature landscaping/trees on sites should
be preserved. Landscape and screening treatments between potentially
incompatible uses should be enhanced when necessary
to lessen any negative impacts. Landscaping shall not be used to block
waterfront view or vistas. Street trees should be planted to help
enclose and shade the street and pedestrianways.
(a)
Emphasis should be placed on native vegetation.
Shrubbery requiring high maintenance should be avoided. Seasonal flowering
plants should be encouraged for accent areas.
(b)
Ground cover such as ivy should be used instead
of higher maintenance planting such as grass.
(c)
Evergreen plantings should be considered for
use as screening instead of fencing or walls.
(d)
All plant material should carry a guarantee
of at least one growing season and should generally average the median
size ranges indicated by the requirements of the "U.S.A. Standard
Nursery Stock" as published by the American Association of Nurserymen.
(6)
Parking areas: Parking areas should be to the side and rear of buildings with allowances for shared parking to the rear
of buildings or in public parking lots or facilities. Connecting rear parking lots
should be encouraged to allow customers and residents to drive to
establishments along corridors without entering public roads and interrupting traffic and pedestrian flows. Individual curb cuts
should be reduced. Parking should not be placed directly
in front of the portion of the building facade containing
the primary entrance to the structure.
(7)
Walkways/pathways: Public viewing and access
walkways/pathways identified on the Future Circulation Plan can be
constructed in one of two ways. In both cases, walkways/pathways will
be a minimum of five feet in width and ADA compliant.
(8)
Roadside sidewalks: Roadside sidewalks should
be provided when sites are developed or redeveloped.
Sidewalks linking structures to roadside sidewalks
and pathways should be provided where practical. Sidewalks shall be
ADA compliant.
(9)
Building design characteristics:
New construction, redevelopment and rehabilitation of existing structures should be designed and built to blend with existing structures in Kent Narrows encouraging innovative and creative
solutions in terms of formal characteristics, such as shape, height,
massing, roof shapes and door and window proportions. The following
guidelines are based on these existing conditions:
(a)
All materials will be subject to review by the
KNDF Board of Directors.
(b)
The predominant roof form of the Kent Narrows
is sloped, not flat. It is highly recommended that where possible,
the use of sloped roof be incorporated into buildings form.
(c)
All mechanical equipment and service areas must
be screened from view of adjacent roads and structures with a parapet or other screening device which
is an integral part of the screening building design.
(d)
Signage should be in compliance with WVC Zoning
requirements with regard to size, location, number, lighting and other
requirements. The signage should be consistent with building design and color scheme and be located so as not to detract from
the overall project architecture.
(e)
Fencing should be treated as part of the overall
building design in its material and color. Fences should be limited
to screening service area and mechanical equipment so as not to block
possible water views and vistas. Where they are used for property
definition, they should be designed to be as open as possible.
(10)
Site design criteria for buildings and public space: The following general requirements
should be taken into consideration when designing buildings and preparing site plans.
(a)
Wherever possible, retail, outdoor restaurants, public plaza areas, or some other type of activity space should
be planned adjacent to the public boardwalk to enhance pedestrian
movement. "Dead" activity areas should be avoided at all costs.
(b)
Retail kiosks may be placed
within or adjacent to pedestrian walkways and boardwalks in compliance
with ADA standards and acceptable design standards. A permit must
be obtained from the County to establish a retail kiosk at an approved location.
(c)
Wherever possible, arcades or covered areas
should be planned along the boardwalk to provide protection from the
weather.
(d)
Buildings and structures with waterfront access, view or vista should be oriented toward
the water with building and structure design to be double-fronted (one facing the water and the other
facing the adjacent street). Buildings should be
appropriately scaled and in harmonious conformance with neighboring development.
(e)
Full facade treatment, foundation
landscaping and lighting should be required on all building elevations that are visible from the public way and water.
(11)
Access: In order to minimize the number of vehicular
access points on public roads in the Kent Narrows
area for reasons of pedestrian and vehicular safety and to promote
adequate circulation by reducing congestion caused by turning movements, development requiring site plan or subdivision approval should comply with the following standards:
(a)
All uses should be discouraged
from taking more than one point of access. In instances where more
than one access point is needed, the number should be minimized by
combining access points for adjacent parcels.
(b)
Uses having at least 100 feet
of road frontage may have a single access per 100
feet of frontage. Access points should not be located within 75 feet
of each other measured from center line of each accessway.
(c)
Parcels having less than 100 feet of road frontage will be encouraged to have a system of shared
access points with linked parking areas for internal
circulation.
(d)
At intersections of access and public roads, an area of clear vision should be maintained at least
100 feet in approaching directions. All plant material within this
area should be kept lower than three feet.
L. Minimum
public improvements required.
All new
developments and redevelopment of lands with water frontage shall be required to provide basic boardwalk improvements in accordance with Subsection
K(1) for public access in accordance with the following:
(1)
Developers/land owners shall
be responsible for the perpetual maintenance of public accessways,
paths and boardwalk improvements.
(2)
Developers/land owners shall
dedicate public access easement(s) for boardwalks and paths for perpetual use and access to the public.
M. Site plan review; approval of
site plan. In addition to the requirements of Part
7, Article
XXV, the
Planning Commission or
Planning
Director may not approve a
site plan for
development of a parcel in the Kent Narrows area unless
it has fully considered the recommendations of the Board of Directors
of the Kent Narrows Development Foundation and makes the following
findings:
(1)
That the development is consistent
with the goals, objectives, and policies of the Kent Narrows Area
Plan component of the County's Comprehensive Plan until such point as it is updated.
N. Bonus.
(1)
In general.
(a)
When approving a
site plan within
the WVC District, the
Planning Commission at the
time of
site plan review may consider a modification to Subsection
F(2)(a)[2] and
(4) to permit a maximum nonresidential
floor area ratio of 0.40 and height of 55 feet (for any
nonresidential or
multifamily resideential
building with no other bonus provision requirements specified in Subsection
N(2) below, provided at least 50% of the first floor area is elevated to allow for
parking under the
building.
[Amended 7-10-2012 by Ord. No. 12-03]
(b)
When approving a
site plan within
the WVC District, the
Planning Commission at the
time of
site plan review, may grant a bonus to the
normally allowed
floor area and
building
height standards as provided in Subsection
F above.
(c)
Subject to Subsection
N(2) below, the
Planning Commission may grant a specified bonus:
[2]
Up to 60 feet in allowable building
height.
(d)
The resulting bonus may not exceed the maximum
bonus allowed by the bonus schedule.
(2)
Determination of bonus.
(a)
Basis.
[1]
The allowable bonus shall be determined based
upon a monetary contribution or value of the amenity to be provided by the developer for the public
benefit for the amount of improvements proposed that exceed those
permitted under the ordinance. Public amenities include,
but are not limited to:
[a] All
amenities identified in Subsection
K.
[b] In addition to the required 30% open space improvements, an additional 10% public open space improvements or monetary contribution for improvement
of existing public lands, public art and heritage signage using the
following formula:
[i] Commercial: 2% of construction
costs.
[ii] Mixed-use: 2%
of construction costs.
[c] Ten percent of proposed slips dedicated
for public access.
[d] Mixed residential-commercial
uses that provide 10% moderately priced
dwelling
units in accordance with §
18:1-108.
[e] Improvements to the Cross Island
Trail. Monetary contribution for the purpose of expanding the Cross
Island Trail using the following formula:
[i] Commercial: 4% of construction
costs.
[ii] Mixed-use: 2%
of construction costs.
[f] Monetary contributions may be paid
over three years accruing at 1% over prime rate annually.
[2]
A list of amenities and associated
costs shall be kept by the Director.
(b)
In addition to consideration of the value of the amenity as provided in Subsection
N of this section, the
Planning Commission, when approving a bonus at the time
of concept plan, shall consider:
[1]
The intent of this section;
[2]
Provisions for public open space and amenities as described in the Kent Narrows
Community Plan;
[3]
Compatibility with adjacent existing and permitted uses and developments;
[4]
The particular dimensions, grade, and orientation
of the site; and
[5]
How the amenities provided
or the contribution and increase in floor area will
help achieve the goals, objectives, and policies for development in the Kent Narrows.
(c)
The Planning Commission shall
grant a bonus only if the Planning Commission finds
that the proposed development:
[1]
Is consistent with the overall development scheme in the Kent Narrows Community Plan;
[2]
Will not overburden existing public
services, including parking, water, sanitary
sewer, public roads, storm drainage, and other public improvements;
[3]
Will not create a threat to the public health,
safety, or welfare.
[Amended 9-7-2004 by Ord. No. 04-17; 7-8-2008 by Ord. No.
08-12]
A. Purpose.
(1) This district is intended to provide for master-planned
residential or mixed-use development on sites at appropriate locations as identified in the Chester/Stevensville
Community Plan. The district provides for a flexible development concept, good site design, architectural integration
in the configuration and style of buildings, functional open space and required public facilities as part of a unified
and coherent plan of development. Permitted uses generally include a variety of housing types, institutional uses and nonresidential uses that can be compatibly integrated within the development.
(2) The CMPD District is created where public
utilities (water and sewer) and infrastructure (roads, walkways, and hike/bike trails) may be extended and interconnected
with existing and/or planned public utilities and
infrastructure. New development of parcels should
be accomplished in a way to integrate approved residential
uses with commercial and institutional
uses of a size and scale designed to provide needed and appropriate
services to the Chester community. Infrastructure improvements relating
to roads and trails are important and should follow
the recommendations made in the transportation element of the Chester/Stevensville
Community Plan.
B. Location. The CMPD District is intended to have specific
application to the Chester/Stevensville Community Planning Area. As
such, the CMPD District may only be applied to lands as designated
by the Chester/Stevensville Community Plan.
C. Permitted uses. The following uses are permitted within the CMPD District:
(1) All
accessory uses as permitted in Part
3, Article
V, of this Chapter
18:1.
(2) All institutional uses, including
golf courses.
(3) All
temporary uses as permitted in §
18:1-53 of this Chapter
18:1.
(4) Commercial uses are permitted only
in association with a residential and/or institutional mixed-use development. The Planning Commission shall
approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development
plan. In order to approve any specific commercial
use and its appropriate size, the Planning Commission must find that the proposed commercial uses:
(a)
Are compatible with surrounding and anticipated development in the area;
(b)
Are consistent with the intent of the Chester/Stevensville
Community Plan; and
(c)
Will not create undue traffic congestion in
the area.
(5) The following commercial uses are
permitted as a component of a mixed-use development pending approval by the Planning Commission:
(a)
Small-scale retail and service businesses sized
to accommodate the convenience and commercial needs of the Chester
community;
(c)
Business or professional offices;
(d)
Medical offices or clinics;
(e)
Banks or financial institutions;
(f)
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses such as conference facilities, aquatic facilities,
health spas, athletic courts, etc.;
(h)
Other commercial uses with
similar impacts as determined by the Planning Commission.
(10)
Resort health and fitness clubs.
D. Conditional uses.
(1) Manufactured home community.
(2) Telecommunications facilities.
E. Development standards.
(1) In general. Applications for
development in the CMPD District shall conform to the design standards adopted
by resolution of the
County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and meet the following standards in addition to all other applicable requirements of this Chapter
18 that do not conflict with the standards contained in this section. In cases where other standards within this Chapter
18 may be found to conflict with the standards contained in this section or the Design Standards for New Neighborhoods, only the standards contained in this section shall apply.
(2) Use mix. In a mixed-use development that includes commercial uses, no more than 50%
of the developed portion (total site area less the
required 25% open space area) of the site may be utilized for commercial use.
(3) Maximum
density. Maximum residential
density for a CMPD District
development shall be six
dwelling units per
acre for that portion
of the
development used for residential purposes
and eight
dwelling units per
acre if TDRs are used, unless
apartment development is
proposed which may allow up to 20 units per
acre limited
to a maximum of five
acres of the proposed master
planned development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and represents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
(b)
The apartment development is providing workforce
housing, age-restricted housing, or moderately priced
housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
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If the unified development plan consists of
more than one parcel or lot, the acreage of the parcels
or lots may be combined to compute the allowable
residential density. If the development plan combines parcels or lots to compute allowable residential density, the lots or parcels may not thereafter
be considered separately in any subdivision, site plan or zoning certificate approvals.
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(4) Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a CMPD
District development is 0.25. The maximum permitted
amount of nonresidential floor area may be increased
by 25% if TDRs are utilized.
(5) Planning Commission final determination
on density and floor area ratio.
(a)
The Planning Commission may
require a lower residential density and/or floor area ratio if it finds that the maximum permitted density or floor area ratio would result
in:
[1]
Development that is not be
compatible with existing or anticipated development in the surrounding area;
[2]
Development that creates a
detrimental impact on the environment; or
[3]
Development that will render
existing or planned public facilities including, but not limited to, roads, water, sewer and schools inadequate.
(b)
The Planning Commission may
also find that a proposed residential density and/or floor area ratio is not consistent with the Community Plan
and is too low and would not be an efficient use of limited lands
zoned for master-planned development, in which case
the Planning Commission may make recommendations
to the applicant to revise the plan in a way to be consistent with
the Community Plan. In no case may the residential densities and floor area ratio be greater than permitted by
this section.
(6) Open space. Common or public
open space shall comprise at least 25% of the total
site area. At least 10% of the required common or public
open space shall be utilized for outdoor
recreational
uses as defined in §
18:1-12 of this Chapter
18:1. If the
open space is to be commonly owned, instead
of being dedicated to the
County, legal documentation
ensuring its continuance and maintenance must be submitted to and
approved by the
Planning Commission. The physical
distribution of
open space shall conform to the design
standards adopted by resolution of the
County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation
of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as
amended.
(7) Design standards. Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, and lighting shall be determined by the Planning Commission for each individual development in the CMPD District and shall conform to the design standards adopted
by resolution of the County Commissioners No. 08-06,
Design Standards for New Neighborhoods: A guide to creation of Smart
Neighborhoods in the CMPD & SMPD Zoning Districts, as amended;
except that no telecommunications facility shall
exceed 55 feet in building height. In determining
these standards, the Planning Commission shall consider
such factors as the proposed intensity of the development, use mix, the layout of buildings, roads, and walkways, environmental protection
considerations, the architectural and landscaping features incorporated
into the development, buffer yards between uses and along property lines and compatibility
with existing or anticipated development on surrounding
lands. The purpose of this standard is to provide design flexibility,
consistent with public health and safety, to the developer who subdivides property and constructs buildings in accordance with a unified and coherent plan of development.
(8) Traffic circulation and pedestrian linkages shall
conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended, and:
(a)
On-site and off-site streets, traffic circulation
patterns and pedestrian linkages shall be adequate to accommodate
the demands generated by the proposed development. Where practical, streets and pedestrian linkages shall be designed
to connect with adjacent parcels where future development is anticipated.
(b)
Private internal streets/roads are permitted if the Department of Public Works and Planning
Commission find that such streets/roads will
be adequate to carry projected traffic, will be properly maintained,
and are more appropriate to the overall development design than public streets.
(c)
Existing County roads that
may be extended and utilized as either minor or major collector
streets shall be appropriately utilized and extended as minor
or major collector streets.
(d)
The layout of a proposed subdivision, when possible, shall seek to develop minor and/or major collector streets, with bike lanes, to carry traffic generated
by the local streets in the development to destinations
within or outside of the development.
(e)
All roads and streets shall
be closed sections with sidewalks and adequate drainage/stormwater
management and shall be generally consistent with current roads standards.
(f)
Streets shall generally loop or interconnect;
dead-end streets (except where a street is closed pending development of an adjoining parcel) and culs-de-sac shall
be avoided unless there is no other development alternative.
(g)
Transportation improvements must be determined
to be consistent with the transportation element of the Community
Plan and any County corridor management plan or transportation
plan adopted by the County.
(9) Development phasing.
Development phasing for
development for the CPMD District shall comply with §
18:1-38 of this Chapter
18:1 and with the following:
(a)
Construction on the commercial component of
a mixed-use project involving residential development shall not commence until at least 50% of the required sewer and
water allocation for the residential development has
been purchased and on-site sewer, water, and road improvements and recreational amenities necessary
to service 50% of the residential component have been completed, as
provided for in the developer's agreement and approved
by the Planning Commission.
(10)
Sign standards.
Sign standards for commercial
development in the CMPD
District shall be the same as those applying to the Suburban Commercial
(SC) Zoning District, including the design standards adopted by resolution
of the
County Commissioners No. 08-06, Town Center
(TC) District, Urban Commercial (UC) District, and Suburban Commercial
(SC) District Design Standards: Commercial and Mixed-Use Development
Design Standards, as amended.
Sign standards for
all other types of
development in the CMPD District
shall be the same as those applying to the Suburban Residential (SR)
Zoning District. The
Planning Commission may approve
residential development identification
signs in the CMPD Zoning District which vary in height, size and type
from those otherwise allowed under this section, if the proposed
residential development identification
sign(s) is:
[Amended 8-24-2010 by Ord. No. 10-03]
(a) Part of an architectural entry feature for the development.
(b) Consistent with the common architectural theme for the development; and
(c) Consistent with the design guidelines applicable to the Chester planning
area.
(11)
Nonapplicability of certain sections of this Chapter
18:1. None of the provisions of §
18:1-36 of this Chapter
18:1 shall apply to
development in the CMPD
District.
F. Forest conservation standards. Forest conservation
standards for
development in the CMPD District outside
of the
Chesapeake Bay Critical Area are contained in Chapter
18:2 of this Chapter
18.
G. Development review process.
(1) Procedures in general. In reviewing
development proposals in the CMPD District, the procedures prescribed in Chapter
18:1, Part
7, of this Chapter
18 shall generally apply.
(2) Specific procedures for the CMPD District. Notwithstanding Subsection
G(1) above, the following items shall apply to the
development review process for CMPD projects:
(a)
A preapplication conference between the applicant
and Department of Planning and Zoning staff is required for all CMPD
District development;
(b)
A comprehensive array of supporting information
and analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as
part of the sketch and/or concept plan application. Required information
and studies shall include an adequate public facilities study, historic
features and cultural resources inventory, and an environmental impact
assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly
identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate
such impacts; and
(c)
The applicant shall submit any additional information,
plans, specifications, documents, drawings, etc., necessary to determine
compliance with the CMPD development standards contained
in the Planning Commission findings contained below
in this section.
(3) Planning Commission findings. The Planning Commission shall make the following findings with
regard to development approvals in the CMPD District.
The proposed development conforms with all applicable
requirements of this section including:
(a)
Roads and streets loop and
connect internally, and to the extent practicable are configured to
interconnect and be extended into the road and street
network that may be developed on adjacent undeveloped land;
(b)
Hike and bike lanes/walkways are provided for
nonvehicular public access to the development that
connect with existing hike and/or bike lanes/walkways and are able
to connect with hike/bike lanes/walkways that may be developed on
adjacent undeveloped land;
(c)
A minimum of 25% of the land in the proposed development is devoted to commonly or publicly owned open space and meets the requirements for mandatory parkland dedication.
(d)
The proposed
development conforms to all applicable regulations contained in this Chapter
18 and Chapter
14, Chapter
14:1, Chesapeake Bay Critical Area Act;
(e)
The proposed development conforms
to the Chester/Stevensville Community Plan;
(f)
The proposed development, in
conjunction with reasonably anticipated development in the surrounding neighborhood, will not adversely impact the adequate
and orderly provision of public services and facilities
for the area;
(g)
The proposed development, in
conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities
standards with regard to traffic;
(h)
The proposed development is
planned in such a manner as to protect environmentally sensitive areas
and important historic or cultural features on the site; and
(i)
The proposed development is
designed to be compatible with existing development in the surrounding neighborhood, and/or the proposed development contains adequate screening, landscaping and buffer yards to protect the surrounding neighborhood and
conforms to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended.
[Added 10-27-2009 by Ord. No. 09-11]
A. Purpose.
(1)
This district is intended to guide the creation of neighborhoods,
villages and protected countryside on lands designated as Chester
Village Expansion Area in the Chester/Stevensville Community Plan
and conform to the design standards for New Neighborhoods for the
CMPD and SMPD Districts, adopted by resolution of the County
Commissioners No. 08-06. The NVC District is intended to
create a relatively self-contained community with a compact mix of residential, commercial, employment/office, and civic land uses. The NVC District provides for a range of housing choices,
with design elements that foster pedestrian and bicycle activity,
public safety, environmental protection, long-term investment, efficient
use of infrastructure, and efficient provision of public services. Development utilizing the NVC District must exhibit
all of the following characteristics:
(a)
Integrated mix of uses, including residential,
commercial, employment/office, civic, and open space based upon a neighborhood and village center-to-countryside transect
that defines the zoning district;
(b)
Range of housing types, and density; and cost;
(c)
Provides low and medium
commercial uses in
NVC District neighborhoods.
[Amended 6-11-2013 by Ord. No. 13-07]
(d)
Compact design with architectural harmony, including compatibility
in styles, materials, colors, and building size,
build-to lines and/or setbacks;
(e)
Interconnected network of public streets, sidewalks, substantial
on-street parking and paths designed to balance the
needs of all users, including distinct separation between pedestrians,
bicyclists and motor vehicles based on a modified grid system;
(f)
A hierarchy of streets provided in the neighborhood so that
larger streets and sidewalks accommodate larger buildings with higher commercial intensities and higher residential densities while smaller streets have smaller buildings and sidewalks with lower commercial intensities and residential densities with traffic calming and shorter turning radii
than suburban streets, and medians, circles and related features along
prominent streets;
(g)
Streets and buildings shall be designed so
the building height facing the street is proportional
to the width of the street in a regular pattern unbroken by parking lots;
(h)
Alleys provided in mixed use areas of the NVC District neighborhood to facilitate rear-loaded parking, municipal services, and loading and unloading of
goods;
(i)
Lighting which is designed for safe walking and signage which
has pedestrian orientation;
(j)
Parks, squares and other common open spaces integral to the community to promote recreational opportunities,
and to provide a setting for the architecture of the development; and
(k)
Location adjacent to existing development with
a system of land subdivision and development which links one neighborhood to another and can be logically extended.
(2)
These standards are established to foster the development of comprehensively planned mix of land uses, housing
types, and density, requiring skillful architectural
and landscape design standards. This NVC District is also created
to avoid the negative impacts of suburban sprawl by minimizing infrastructure
costs, traffic congestion, and environmental degradation.
B. Transect. Neighborhoods and villages have physical forms that vary
in character and intensity. A neighborhood village center-to-countryside
transect that describes these characteristics in existing communities
is used as the organizing principle for a new neighborhood and village.
A new neighborhood and village on land designated NVC is to be planned
using the "transect zones" shown on Figure 1. These transect zones must be delineated on a regulating
plan prepared by an applicant and submitted with all subdivision or site plan applications.
C. Minimum size. A new neighborhood and village shall not have a minimum
size; however each neighborhood within an NVC District generally would
be scaled upon a five-minute walk radius (approximately 1/4 mile,
1,320 feet) and range from about 40 to 160 acres not
including land set aside for open spaces, greenbelts
and Chesapeake Bay Critical Area components. The
shape and form of the neighborhood is flexible and responds to physical
or geological conditions, provided that the maximum one-fourth-mile
radius benchmark for scale is generally maintained. The neighborhood
is further divided into a series of blocks interconnected with a network
and hierarchy of public streets, sidewalks, bicycle paths, trails
and alleys. Parcels significantly larger than 160 acres should be developed as multiple neighborhoods, with
each neighborhood designed to be integrated into an overall plan to
create a larger village made up of two or more neighborhoods and the
total site subject to all the provisions. Applications
for sites significantly less than 40 acres shall be considered when adjacent to or integrated with an existing
developed area, subdivision, neighborhood or development in designated growth areas.
D. Approval process. The approval process for a new neighborhood and village in the NVC District shall be as provided elsewhere in Chapter
18 except as follows:
(1)
Regulating plan. In addition to other information required in this Chapter
18, the applicant must submit to the
Planning
Commission for approval a proposed regulating plan that complies
with the following standards:
(a)
The entire area within the proposed plan and all adjoining roads, water resources, and other rights-of-way or easements must be shown on the regulating plan.
(b)
The precise assignment of a transect zone to all land, including proposed streets within the neighborhood or village. All land shall be assigned one of the six transect zones listed in Subsection
F and meet the minimum area allocations shown in Table 1.
[Amended 6-11-2013 by Ord. No. 13-07]
(c)
The precise location of proposed streets throughout the neighborhood or village, indicating the specific type of each street. Streets types must comply with the transect zone through which they pass and must provide right-of-way in accordance with the standards in Subsection
P. See also Table 3 and Figures 5 through 16.
(d)
Proposed lot lines do not need to be shown
on the regulating plan, but all land to be subdivided into lots must indicate the proposed lot types,
which must comply with the transect zones where the lots are to be located and be able to meet the development standards for each lot type.
(e)
The approximate location of the surface water management system,
including its outfall and all connections with existing drainage features.
(f)
The location of civic spaces including those required by Subsection
I, and whether the civic spaces qualify as
open space components.
(g)
The location of civic uses.
(h)
The location of moderately priced dwelling units.
(i)
The proposed regulating plan must be accompanied by tabular
data demonstrating compliance with all requirements of the NVC District.
E. Phasing of a neighborhood and village. Preliminary approval must
be obtained for the entire neighborhood or village, including its
Open Space (OS) or Countryside/Greenbelt (T1) component, even if subsequent
development may occur in phases. If final approval is sought
in phases, the first phase must include the entire Open Space (OS)
or Countryside/Greenbelt (T1) component including recorded
easements indicating that residential
density has been transferred into Low Residential (T4), Medium Residential
(T5) and Mixed/Neighborhood Village Centers (T6). Each phase must
indicate how the remaining phases are planned to be integrated with
the earlier phases. Tabular data must be provided for existing phases
and for all future phases to ensure that all requirements of the NVC
District will be met.
Commercial uses shall be developed
generally commensurate with
residential uses within
the neighborhood or village. All of the above shall be depicted on
a phasing plan to be approved by the
Planning Commission.
[Amended 6-11-2013 by Ord. No. 13-07]
F. Standards and requirements for transect zones.
(1)
All land within a new neighborhood or village must be allocated
to one of the six transect zones described below; however, the use
of all six transects zones in a new neighborhood or village is not
required. Special Districts (SD) may be considered by the Planning Commission for public middle or high schools or
other community facilities. Lands considered for meeting the required
20% minimum open space, active or passive recreation
areas, recreational facilities, parks, plazas, greens, commons or
squares must be identified as Open Space (OS), Lands considered for
meeting the 5% minimum active recreation area must be identified as
Active Recreation (AR). Each transect zone controls land use,
lot types, street types, and the placement and intensity
of buildings and other uses of land:
(a)
Countryside/Greenbelt (T1).
(f)
Mixed/Neighborhood Village Center (T6).
(2)
Allocation of land within each new neighborhood or village shall
be as shown in Table 1.
Table 1
Allocation of Transect Zones
[Amended 6-11-2013 by Ord. No. 13-17]
|
---|
Transect Zone
|
Allocation
|
---|
Countryside/Greenbelt (T1)
|
300-foot minimum average width/no maximum acreage
|
Estate (T2)*
|
1,320-foot minimum width/no minimum percentage/maximum 15% of
total acreage
|
Edge (T3)*
|
200-foot minimum width/no minimum percentage/maximum 15% of
total acreage
|
Low Residential (T4)**
|
Minimum 30%/maximum 80% of acreage
|
Medium Residential (T5)**
|
Minimum 5%/maximum 20% of acreage
|
Mixed/Neighborhood Village Center (T6)**
|
Minimum 5%/maximum 40% of acreage
|
Special District (SD)
|
Maximum 40 acres
|
Open Space (OS)
|
Minimum 20% of acreage/no maximum acreage
|
Active recreation (AR)
|
Minimum 5% of acreage/no maximum acreage
|
NOTES:
|
---|
No development within a NVC District shall
be located within 300 feet from tidal waters in the Chesapeake
Bay Critical Area. A minimum of 20% of the total acreage
must be allocated to common areas, open space, or
required landscaping with an additional 5% of the total acreage allocated
to Active Recreation (AR) with dedicated public access to water. Countryside/Greenbelt
(T1) designated areas must maintain a minimum average width of 300
feet. Active Recreation may include but is not limited to: walkways
and sidewalks sized to accommodate bicycling, jogging and other activities;
pavilions; playing fields, playgrounds, village greens and pocket
parks; and similar spaces in which public recreational activities
regularly occur.
|
* Residential density in the NVC District is
intended to be directed into the Low Residential (T4), Medium Residential
(T5) and Mixed/Neighborhood Village Center (T6) zones. Lots in the Estate and Edge zones must be supported by development rights transferred from an off-site eligible sending site. (See Chapter 18:1, Part 6, Article XX.)
|
** The minimum and maximum percentage of allocation of Low Residential
(T4), Medium Residential (T5) and Mixed/Neighborhood Village Center
(T6) transect zones do not include land allocated to Countryside/Greenbelt
(T1), Estate (T2) or Edge (T3) transect zones or required open space allocations. Additionally, NVC properties that
also contain or abut Countryside (CS) zoned land may utilize the CS
land to meet part of its open space requirements
as determined by the Planning Commission as part
of the Regulating Plan. The appropriate legal instruments shall be
approved by the County restricting the uses on the CS property to open space only. Those uses may include but are not limited to passive recreation,
stormwater management facilities, other resource protection uses.
|
G. Transect assignment concepts. A proposed regulating plan must clearly
indicate the allocation of transect zones within the entire NVC District
to define the character of various portions of the project. The following
general guidelines shall be followed when proposing transect zones:
(1)
A neighborhood or village should generally have less intensity
where it adjoins existing or planned development with
less intensity. Where adjacent to a major or minor arterial, major or minor collector highway, or adjacent
to an established urban area, the transect zones with greater intensity
may adjoin that highway or urban area.
(2)
Similar uses should face across streets; changes
in transect zones should generally occur along rear or side lot lines rather than along streets.
(3)
Where a neighborhood or village adjoins an existing or approved
neighborhood, the neighborhood or village should establish similar
transect conditions (such as Low Residential aligning with Low Residential,
and Countryside/Greenbelt aligning with Countryside/Greenbelt). Transect
juxtapositions may be approved by the Planning Commission where natural conditions warrant them or where alignment of similar
transect conditions would be inappropriate due to existing or proposed uses on adjacent properties.
H. Lot types. The neighborhood or village must contain
a mixture of lot types to provide a variety of uses and diverse housing options. Differing lot types may be placed back-to-back on a single block to provide harmonious
transitions between lot types. Lot types should be selected to provide buildings of
like scale and massing on opposite sides of streets.
(1)
The neighborhood must contain at least one mixed-use or retail building lot and at least three civic building lots; one civic building must
be constructed within two years after development commences.
(2)
The following lot types may be assigned within
the corresponding transect zones as provided in Table 2. An applicant
may propose additional lot types, provided the lot types comply with the intent of the NVC District; the Planning Commission shall decide whether to accept, modify,
or reject such additional lot types during the approval
process.
Table 2
Transect Zone Lot Types
|
---|
|
Countryside/
Greenbelt
(T1)
|
Estate*
(T2)
|
Edge*
Residential
(T3)
|
Low
Residential
(T4)
|
Medium
Residential
(T5)
|
Mixed/
Neighborhood
Village
Center
(T6)
|
---|
Mixed-use building lot
|
|
|
|
|
X
|
X
|
Retail building lot
|
|
|
|
|
X
|
X
|
Apartment building lot
|
|
|
|
|
X
|
X
|
Live/work lot building
|
|
|
|
|
X
|
X
|
Apartment houses lot
|
|
|
|
|
X
|
X
|
Townhouse lot building
|
|
|
|
|
X
|
|
Cottage house lot
|
|
|
|
X
|
X
|
|
Sideyard house lot
|
|
|
|
X
|
X
|
|
House lot
|
|
X
|
X
|
X
|
X
|
|
Manor lot
|
X
|
X
|
X
|
|
|
|
Edge tract
|
|
X
|
X
|
|
|
|
Civic building lot
|
X
|
X
|
X
|
X
|
X
|
X
|
NOTES:
* Lots in Estate and Edge transect
zones are limited to a maximum of 15% of the land area.
|
I. Permitted uses.
(1)
The following uses are permitted within the
NVC District.
(a)
All
accessory uses as permitted in Part
3, Article
VI, of this Chapter
18:1.
(b)
All institutional uses, including golf courses.
(c)
All
temporary uses as permitted in §
18:1-53 of this Chapter
18:1.
(d)
Commercial uses are permitted only in association
with a residential and/or institutional mixed-use
development. The Planning Commission shall
approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development
plan. In order to approve any specific commercial
use and its approximate size, the Planning Commission must find that the proposed commercial uses:
[1] Are compatible with surrounding and anticipated development in the area;
[2] Are consistent with the intent of any applicable
community plan; and
[3] Will not create undo traffic congestion in the
area.
(e)
The following commercial uses are permitted
as a component of a mixed-use development pending
approval by the Planning Commission:
[1] Retail and service business sized to accommodate
the convenience and commercial needs of the community;
[Amended 6-11-2013 by Ord. No. 13-07]
[2] Restaurants,
fast-food restaurants (
without drive through), taverns and bars;
[Amended 6-11-2013 by Ord. No. 13-07]
[3] Business or professional offices;
[4] Medical or
veterinary offices or
clinics;
[Amended 6-11-2013 by Ord. No. 13-07]
[5] Banks or financial institutions;
[6] Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses such as conference
facilities, aquatic facilities, health spas, athletic courts, etc.;
[8]
Barbershops and hairdresser;
[Added 6-11-2013 by Ord. No. 13-07]
[9]
Deli,
coffee shops, ice cream stores and stands;
[Added 6-11-2013 by Ord. No. 13-07]
[10]
Dry cleaners and laundries;
[Added 6-11-2013 by Ord. No. 13-07]
[11]
Light mechanical repairs (e.g. watch, camera, computer, bicycle,
television);
[Added 6-11-2013 by Ord. No. 13-07]
[12]
Photography, tailoring, copy shop, travel agencies, real estate
offices and other service business;
[Added 6-11-2013 by Ord. No. 13-07]
[13]
Grocery stores and
convenience stores (without
gas pumps);
[Added 6-11-2013 by Ord. No. 13-07]
[14]
Studios for dance, exercise or martial arts;
[Added 6-11-2013 by Ord. No. 13-07]
[15]
Bowling alleys;
[Added 6-11-2013 by Ord. No. 13-07]
[16]
Stores selling liquor, beer or soft drinks (in sealed containers
not for on-premises consumption);
[Added 6-11-2013 by Ord. No. 13-07]
[17]
Theatres, movie and live performances, both indoor and outdoors;
[Added 6-11-2013 by Ord. No. 13-07]
[18]
Day-care centers;[Added 6-11-2013 by Ord. No. 13-07]
[19]
Commercial apartments; and
[Added 6-11-2013 by Ord. No. 13-07]
[20]
Other
commercial uses with similar impacts
and not inconsistent with the purpose of the NVC District as determined
by the
Planning Commission.[Amended 6-11-2013 by Ord. No. 13-07]
(j)
Resort health and fitness clubs.
(2)
Conditional uses.
(a)
Manufactured home community.
(b)
Telecommunications facilities.
(d)
Nursing homes and assisted living facilities.
(3)
Residential uses including single-family detached dwellings, single-family attached dwellings and multiple-family dwellings. A maximum of 20%
of the land area of the NVC District neighborhood may be allocated
to multifamily housing.
(4)
Commercial uses in a NVC District neighborhood
shall be part of an overall redevelopment or
development plan. The
floor area ratio for nonresidential
uses is 0.150 of the
base site area. No
individual
commercial use shall exceed 65,000 gross
square feet.
[Amended 6-11-2013 by Ord. No. 13-07]
(5)
The following open space uses shall be permitted
in conjunction with residential development: neighborhood
parks; recreational facilities and playgrounds; bicycle paths; greens;
commons; plazas and squares; or linkages to regional recreation and open space systems.
(6)
Civic building areas. Civic building areas are usually sited to adjoin civic spaces or to provide visual
landmarks by being placed at the termination of streets, at the corner
of a green, or within a green, Figure 2. Civic building areas shall be a maximum
of 10 acres, but no more than 25% of the gross land
area.
(a)
In order to provide greater flexibility in building types and to allow more distinctive architectural expression, civic building areas do not include building frontage
or front yard standards.
(b)
Oversized civic building areas, greater than
10 acres, such as those sometimes required for public
middle schools, high schools or for churches with regional congregations
should be located at the periphery of neighborhoods so as not to impede
the walkability of the remainder of the neighborhood.
(7)
Civic spaces. Civic spaces must be designed and configured to
be clearly recognizable as public open space. Civic
spaces should be located so that building walls having
at least 15% of their area in transparent windows face the public open space. Each neighborhood must have at least three separate
civic spaces, which may include neighborhood parks, greens, commons,
squares, plazas, and playgrounds, provided they are publically accessible
in perpetuity.
(a)
Each civic space should be consistent with the character of
the transect zone in which it is located. For example, a plaza located
in the Mixed/Neighborhood Village Center (T6) transect zone would
be detailed with hardscaping and a formal planting pattern of a single
species, Figure 3, while a neighborhood park in the Edge (T3) transect zone
may be green with paths through an informal planting pattern of multiple
species, Figure 4.
(b)
Each civic space must have at least 25% of its perimeter and
at least two sides directly adjoining a street.
(c)
Except for civic spaces located along the periphery of a neighborhood
or village, the combined size of all civic spaces located within a
neighborhood or village must be at least 2.5% but no more than 7.5%
of the total acreage assigned to the Mixed/Neighborhood Village Center
(T6), Medium Residential (T5), Low Residential (T4), and Edge (T3)
transect zones.
(d)
Each civic space must provide shaded seating, trash receptacle,
dog waste bags, and either a water fountain, a gazebo, or heritage/historic/wildlife
statue.
(e)
Civic spaces placed in Countryside/Greenbelt (T1) transect zones
are not counted toward these civic space requirements.
J. Development standards.
(1)
A range of residential unit types and lot sizes
is required and shall be mixed throughout the neighborhood or village,
with small lot units located closer to the commercial
center or mixed/neighborhood village center of the neighborhood. Density shall decrease from the center to the periphery
of the neighborhood. Lot sizes and frontage shall
comply with one of the types identified in Table 3.
(2)
Residential development standards.
(a)
Density/Intensity requirements.
[1] Maximum residential
density.
Density shall not exceed 4.0 units per
acre for the entire
site proposed for
development unless
apartment development is proposed which
may allow up to 20 units per
acre limited to the
T5 and T6 transect to a maximum of five
acres of
the entire
site proposed for
development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
[a] Architectural renderings are provided demonstrating
that the apartment development is compliant with
the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[b] The apartment development is providing
workforce housing, age-restricted housing, or moderately
priced housing.
[c] Landscape screening is provided for the structure and parking areas for adjacent
single-family residential uses.
[d] The applicant conducts a public meeting in the
community where the apartment development is proposed
and provides notice of the meeting to property owners adjacent to the proposed apartment development prior
to submitting an application to the Department of Planning and Zoning
to obtain citizen input.
(b)
Dimensional and bulk requirements.
[1] Minimum open space ratio.
[a] Within the proposed neighborhood a minimum of 20%
of the gross land area shall be permanently dedicated to Open Space
(OS). Such open space shall be made of greens, parks,
squares, ponds, active recreation areas or buffer areas that are open
to the public. An additional 5% of the gross land area shall be devoted
to Active Recreation (AR).
[b] Outside the proposed neighborhood, open
space shall be provided to establish an edge or greenbelt
separating the neighborhood from adjacent properties. Such open space shall represent no less than 20% of the land
area constituting the neighborhood. The design and location of open space shall protect important natural assets, features
and sensitive environmental features. These areas shall be designated
as Open Space (OS) or Countryside/Greenbelt (T1) on the proposed regulating
plan transect map.
[c] Such open space shall establish
a natural edge which may include wilderness preserves for wildlife
and marine habitats, parks protecting the natural vegetation, greenbelts,
hybrid parks, and undisturbed shoreline areas.
[3] Minimum setbacks: See Table 4.
[4] Maximum building height: See Table
4.
[5] Minimum lot width: See Table 4.
[6] Minimum lot frontage: See Table
4.
(3)
Nonresidential development standards.
(a)
Density/Intensity requirements.
[1] Maximum nonresidential
floor area ratio: See Subsection
I(4) above.
[Amended 6-11-2013 by Ord. No. 13-07]
[2] Floor area allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
[3] No individual use and/or tenant
space in a structure shall occupy more than 65,000
square feet of gross floor area.
(b)
Dimensional and bulk requirements.
[1] Maximum impervious surface ratio of 75% for nonresidential uses. See Table 4 for
all other impervious surface ratios.
[2] Impervious surface ratio allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
[3] Minimum lot frontage: See Table
4.
[5] Maximum building height: See Table
4.
(4)
Design standards.
(a)
Architectural compatibility.
[1] A building must incorporate architectural
styles, building materials, and colors used in surrounding buildings with exterior finish materials on all facades limited to brick, clapboard siding, and/or stucco.
[2] Commercial and residential design styles should
reflect vernacular architecture or Eastern Shore architectural forms.
[3] A building greater than one story
should clearly delineate the boundary between each floor of the structure through belt courses, cornice lines, or similar
architectural detailing.
[4] Attached buildings within the
same block must not maintain consistent cornice lines in buildings of the same height within multifamily, townhome,
nonresidential, or mixed-use structures.
[5] Rooflines must be pitched or gabled. Overhanging
eaves must be provided to the greatest extent possible.
[6] Small groups of townhouses (four or less) may be
designed to appear as large single-family structures.
[7] Signs shall be limited to wall, awning, or hanging signs.
[8] Significant departures from "off-the-shelf" standardized
franchise building design may be required to meet
these standards.
(b)
Human scale design.
[1] Doorways, windows, and other openings in the facade of a building should be proportioned
to reflect pedestrian scale and movement, and to encourage interest
at the street level.
[2] A building shall avoid long, monotonous,
uninterrupted walls or roof planes. The facade of
a building should be divided into distinct modules
no longer than 100 feet.
[3] A building that is located along
a Mainstreet (MS) within the Mixed/Neighborhood Village Center (T6)
transect zone shall be at least two stories in height. See Illustrations
1 and 2.
[4] Awnings, covered walkways, open colonnades, or
similar weather protection must be provided by commercial structures.
[5] A commercial use must provide
a minimum 70% of the front facade on the ground floor
as clear or lightly tinted windows, doors, or other treatments sufficiently
transparent to provide views into the interior of buildings.
[6] A residential structure with a
front setback of five to 15 feet must provide a front porch or stoop
on the front facade of the structure. Minimum width of a porch is four feet.
[7] Rear access from an alley is required
unless otherwise approved by the Planning Commission. If driveway access is provided from the street, the garage or carport
may not face the street, unless it is located a minimum 20 feet behind
the front facade of the principal structure.
(c)
Buildings that relate to and are oriented toward
the street and surrounding buildings.
[1] The structure must be located
at the required build-to line.
[2] The main entrance of a structure must face a street, neighborhood park, green, common, plaza or square
and be clearly articulated through the use of architectural detailing.
[3] Windows and doors on the front facade of a building should create lines of sight between
the building and the street.
[4] A building at an intersection
of a Mainstreet (MS) or other significant intersection should use
special architectural features to emphasize the importance of the
location. Special architectural features include corner towers, cupolas,
clock towers, spires, or other similar architectural features.
[5] Structures with primary frontages
on a neighborhood square shall be a minimum of two stories.
(d)
Encouragement of pedestrian activity.
[1] The neighborhood must be scaled into walkable blocks
in transect zones designated as Low Residential (T4), Medium Residential
(T5) and Mixed/Neighborhood Village Center (T6). Typical block dimensions
that encourage pedestrian activity range between 300 feet and 500
feet on a block face and do not exceed 500 feet on any single block
face. Single blocks shall not exceed a total perimeter distance of
1,600 feet.
[2] A parking lot must be located
to the rear or side of the structure. If located
at the side of the structure, the parking must be screened through the use of solid streetwalls or landscaping.
Streetwalls should not exceed four feet in height.
K. Off-street parking regulations.
(1)
A neighborhood and village must provide extensive on-street parking, a mix of compatible land uses,
sidewalks and trails, and rear alleys or lanes.
(a)
Wherever possible, parking lots shall be located
behind buildings so that buildings can screen parking areas from sidewalks and streets.
(b)
In no case may parking lots be located in front
of a building.
(c)
Small parking lots in side yards may be permitted,
provided the buildings they serve can meet the lot width and building frontage requirements
of Table 4 and provided these lots are set back
a minimum of 20 feet from lot lines adjoining rights-of-way,
excluding alleys or lanes.
(2)
Access to off-street parking.
(a)
In the Mixed/Neighborhood Village Center (T6) and Medium Residential
(T5) transect zones, alleys or lanes shall be the
primary source of access to off-street parking. In
the Low Residential (T4), Edge (T3) and Estate (T2) transect zones, alleys or lanes are the desirable source of access to off-street parking. Parking along alleys or lanes may be head-in, diagonal, or parallel.
(b)
Alleys or lanes may be incorporated into parking lots as if they were standard parking access aisles. Access to all properties adjacent to the alley must be maintained.
(c)
Access between rear parking lots across property
lines is strongly encouraged.
(d)
Alleys are required for townhouse development. Where alleys are used to provide rear access, buildings shall have secondary entrances facing the alley.
(e)
Residential
buildings on Individual
lots must meet the garage standards in Subsection
Q.
(3)
Parking structures are permitted only in the
Mixed/Neighborhood Village Center (T6) transect zone and must be no
taller than four stories and must be separated from adjacent streets
by liner buildings at least two stories in height
and no less than 20 feet in depth.
(4)
Landscaping for off-street
parking and loading areas shall, as a minimum, meet the requirements of Subsection
O.
L. Open Space (OS) and Countryside/Greenbelt (T1) standards.
(1)
Land in the Countryside/Greenbelt (T1) transect zone is an integral
component of each neighborhood and village for the following purposes:
(a)
Preserving and enhancing rural character between neighborhoods;
(b)
Preserving and restoring native habitats;
(c)
Providing opportunities for sustained agriculture;
(d)
Mitigating the biological and ecological impacts of new development; and
(e)
Accommodating resource conservation areas within the Chesapeake Bay Critical Area.
(2)
To maximize both the aesthetics of the rural landscape and the
biological and ecological systems intended by the Countryside/Greenbelt
(T1) zone, projects must link to the greatest extent possible the
areas set aside for these purposes both within the site as well as to any existing neighboring Countryside/Greenbelt (T1)
areas, existing or planned passive parks, existing uses of an agricultural character, or environmental preserves.
(3)
For purposes of this section, three transect zones are used
to designate the appropriate locations for most Countryside/Greenbelt
(T1) components: the Estate (T2) and Edge (T3) zones which adjoin
neighborhoods or other public spaces, and Countryside/Greenbelt (T1)
zone which does not adjoin neighborhoods.
(4)
To ensure that the rural landscape is preserved, large areas of neighborhoods and villages must be reserved for Open Space (OS) or Countryside/Greenbelt (T1). Specific percentage standards for Open Space (OS) and Countryside/Greenbelt (T1) are established for each new neighborhood or village in Subsection
F. The required Open Space (OS) or Countryside/Greenbelt (T1) percentage may be fulfilled by land that is restricted to a combination of the following components:
(a)
Agricultural uses and facilities, including farmers markets and agriculture-based industry;
(b)
Restored or preserved native habitat and environmentally significant
or sensitive land;
(c)
Resource conservation areas or Chesapeake Bay Critical
Areas including adjoining water management facilities and
wastewater reuse facilities;
(d)
Greenbelts or passive recreation areas;
(e)
Community recreation areas such as community or regional parks,
recreational fields, picnic areas, primitive campgrounds, greenways,
and trails, provided they:
[1] Link with trails to neighborhoods and adjacent
countryside areas;
[2] Provide opportunities for shaded seating;
[3] Provide facilities such as public restrooms and
water fountains; and
[4] Dedicate public access to waterfronts.
(5)
The location of Open Space (OS) or Countryside/Greenbelt (T1)
components shall be located and arranged within the NVC District as
described in this subsection.
(a)
Within the NVC District, any resource conservation area is to
be designated as an Open Space (OS) or Countryside/Greenbelt (T1)
transect zone.
(b)
The continuation of viable agricultural uses in the Open Space (OS) or Countryside/Greenbelt (T1) and on neighboring
properties is a primary design goal for the Open Space (OS) or Countryside/Greenbelt
(T1) zone. Such uses constitute unique and irreplaceable resources
and are major contributors to the economy.
M. Location of open space in Edge (T3), Low Residential
(T4), Medium Residential (T5) and Mixed/Neighborhood Village Center
(T6) transects.
(1)
The neighborhood shall contain as its central focus at least
one commercial Mixed/Neighborhood Village Center (T6) area containing
a square, common or park no smaller than 1/4 acre, and no greater than one acre with a length-to-width
ratio of no greater than three to one. This square shall be within
600 feet of the geographic center of the Mixed/Neighborhood Village
Center (T6) area.
(2)
The remaining public use in Edge (T3), Low
Residential (T4) and Medium Residential (T5) areas, parks and greens
shall be located and distributed such that no portion of the neighborhood
is further than two blocks or 1,000 feet from a park, common, green,
playground, plaza or square.
(3)
Design and location of open space shall reinforce
the built environment, and make an explicit connection between buildings and open spaces.
N. Forest conservation standards. Forest conservation standards for
development in the NVC District outside of the
Chesapeake
Bay Critical Area are contained in Chapter
18:2 of this chapter.
O. Landscaping requirements.
(1)
Street trees of a minimum three-inch caliper shall be planted at thirty-foot intervals along sidewalks in the
Low Residential (T4), Medium Residential (T5), and Mixed/Neighborhood
Village Center (T6).
(2)
Trees shall not be required when an arcade is provided in the
Mixed/Neighborhood Village Center (T6).
(3)
Uniformity of tree types shall be used as a design element to
provide visual identity to the neighborhood and reinforce the hierarchy
of streets.
(4)
On any neighborhood boulevard (NB), median trees and landscaping
are required. Median trees should be a minimum one-and-one-half-inch caliper, spaced 20 feet on center. Medians may also contain
shrubs and plant groundcover.
(5)
Plantings in immediate proximity to buildings in front and side yards shall respect architectural lines (should
be seen as extension of architectural walls).
(6)
Landscaping shall be used to improve the quality of the natural
environment and to improve the quality of groundwater recharge.
(7)
Islands and other landscaping alternatives shall be incorporated
into parking areas to add visual interest. The use
of islands and perimeter gardens designed and landscaped to serve
as bioretention facilities is encouraged.
(8)
For all parking lots with more than six spaces,
the landscaped area shall be comprised of a minimum of 20% of the
total parking area. One native shade tree which grows
to a minimum height of 40 feet at maturity shall be required for each
300 square feet of the above required open space.
Native shade trees shall have a minimum caliper of
2 1/2 inches at time of planting.
(9)
Landscaping shall be provided to screen facilities for refuse
disposal. Facilities for refuse disposal shall be enclosed by solid
fence or walls, and landscaping shall be installed around the perimeter.
P. Street and pedestrian way standards.
(1)
All public streets shall be designed to accommodate a mix of
travel modes including vehicles, bicycles and pedestrians. Pedestrianways
and/or sidewalks shall be continuous, direct, and convenient with
grade separation where necessary. The transportation system shall
be designed so the multiple streets, bicycle paths, sidewalks and
pedestrian paths continue into adjacent neighborhoods and development. Dead-end streets are prohibited, except street
stubs are allowed, where necessary, at the edge of development to provide future connections to adjacent undeveloped properties
if the adjacent land is not within a designated preserve or critical
area.
(2)
Pedestrianways shall be secure, well lighted, and have good
visibility.
(3)
Pedestrian pathways include a planting or buffer strip to separate
pedestrians from the street and provide room for streetlight poles,
pedestrian amenities, street trees, etc.
(4)
Sidewalks at least five feet in width, except for the Mixed/Neighborhood
Village Center (T6), shall be provided and constructed of similar
materials consistent with adjacent sites.
(5)
Pedestrian-scale streetlights (12 feet high) shall be provided
at no greater than eighty-foot intervals along sidewalks and parking areas.
(6)
Sidewalks at least 10 feet in width shall be provided the entire
length of property fronting the Mixed/Neighborhood Village Center
(T6) main street core commercial areas. Connections to existing sidewalks
adjacent to the property shall be provided when appropriate.
(7)
All nonresidential buildings shall include
an area for parking bicycles. This area may be designated parking space within the parking lot near
the building or an area outside the parking
lot adjacent to the building. The bike parking area must include a bike rack and shall not impair
sidewalks, pedestrianways and access to less than four feet of clearance
or width.
(8)
Neighborhood design shall provide a streetscape interesting
to pedestrians that encourages more people to walk.
(9)
Restaurants shall be permitted to operate outdoor
cafes on sidewalks, including areas within the public right-of-way
and in courtyards, provided that pedestrian circulation and access
to store entrances shall not be impaired to less than four feet of
clearance or width.
(10)
Buildings shall be oriented to directly face
the street, a square, a common, a park, a plaza, or green, with front
entrances and display windows oriented to directly face a street,
a park, a plaza, or green at the street level.
(11)
The location and design of garages, carports and parked vehicles
shall not dominate the view of the dwelling from
the street, such that to the extent possible, on-street parking or access to garages and carports are to be provided from a rear
alleyway or access.
(12)
Interconnected streets shall be designed in a predictable block
pattern to encourage people to walk and provide a variety of route
options.
(13)
All streets and alleys shall terminate at other
streets within the neighborhood and where appropriate connect to existing
and projected through streets outside the development.
(14)
The average perimeter of all blocks within the neighborhood
shall not exceed 1,600 feet. No block face shall have a length greater
than 500 feet without a dedicated alley or vehicular
pathway providing through access.
(15)
Street design shall balance the needs of drivers, pedestrians,
and bicyclists as permitted in Table 3.
(16)
The long axis of neighborhood streets shall have appropriate
termination with either a public monument, specifically designed building facade, or a gateway to the ensuing space.
(17)
There shall be a continuous network of service lanes or alleys to the rear of land uses occupied
by shop fronts and attached houses.
(a)
Shared driveways and parking arrangements are
encouraged.
(b)
Commercial intensity is based upon a hierarchy of streets, locational
criteria and a neighborhood village center-to-countryside transect
that defines the zoning district. High commercial uses may be feasible in neighborhoods and villages within close proximity
to major and minor arterial roads.
Table 3
Allowable Street Types By Transect Zone
|
---|
Street Types
|
Countryside/
Greenbelt
(T1)
|
Estate
(T2)
|
Edge
(T3)
|
Low
Residential
(T4)
|
Medium
Residential
(T5)
|
Mixed/
Neighborhood
Village
Center
(T6)
|
---|
Mainstreet (MS)
|
|
|
|
|
X
|
X
|
Neighborhood Boulevard (NB)
|
X
|
|
X
|
X
|
X
|
X
|
Avenue (AV)
|
|
|
|
X
|
X
|
X
|
Low Neighborhood Street (LS)
|
|
|
X
|
X
|
X
|
|
Neighborhood Street (NS)
|
|
|
X
|
X
|
X
|
|
Edge Drive (ED)
|
|
|
X
|
|
|
|
Estate Drive (ES)
|
|
X
|
X
|
|
|
|
Parkway (PK)
|
X
|
X
|
X
|
|
|
|
Rural Road (RD)
|
X
|
|
|
|
|
|
Alley (AL)
|
|
|
|
X
|
X
|
X
|
Lane (LN)
|
X
|
|
X
|
X
|
X
|
|
Trail (TR)
|
X
|
|
X
|
X
|
X
|
X
|
Q. Lot development standards.
(1)
Lot widths within Low Residential (T4), Medium
Residential (T5) areas shall range between 20 and 80 feet in width
and should be varied by lot type as indicated in
Table 4. Estate, Edge, Manor, mixed-use and apartment building lots shall not have a maximum width.
(2)
Lot widths shall be designed to ensure that
garages do not dominate the front facade of residential structures
(3)
Build-to lines for commercial buildings create
a continuous streetscape and interesting environment for pedestrians.
(4)
Buildings on shopfront lots shall have the facade built directly on the build-to
line along at least 70% of its length. The unbuilt portion of the
build-to line shall have a street wall directly upon it.
(5)
Lot sizes shall be designed to keep houses
close to each other and to the street.
(6)
Lot widths within commercial or mixed-use areas shall have a minimum width of 24 feet.
[Amended 7-8-2008 by Ord. No. 08-12]
A. Purpose.
(1) This district is intended to provide for master-planned
residential or mixed-use development on sites at appropriate locations as identified in the Chester/Stevensville
Community Plan. The district provides for a flexible development concept, good site design, architectural integration
in the configuration and style of buildings, functional open space and required public facilities as part of a unified
and coherent plan of development. Permitted uses generally include a variety of housing types, institutional uses and nonresidential uses that can be compatibly integrated within the development.
(2) The SMPD District is created where public
utilities (water and sewer) and infrastructure (roads, walkways, and hike/bike trails) may be extended and interconnected
with existing and/or planned public utilities and
infrastructure. New development of parcels should
be accomplished in a way to integrate approved residential
uses with commercial and institutional
uses of a size and scale designed to provide needed and appropriate
services to the Stevensville community.
B. Location. The SMPD District is intended to have specific
application to the Chester/Stevensville Community Planning Area. As
such, the SMPD District may only be applied to lands as designated
by the Chester/Stevensville Community Plan.
C. Permitted uses. The following uses are permitted within the SMPD District:
(2) All
accessory uses as permitted in Chapter
18:1, Part
3, Article
VI, of this Chapter
18.
(3) All
temporary uses as permitted in §
18:1-53 of this Chapter
18:1.
(4) Commercial uses are permitted only
in association with a residential and/or institutional mixed-use development. The Planning Commission shall
approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development
plan. In order to approve any specific commercial
use and its appropriate size, the Planning Commission must find that the proposed commercial use:
(a)
Is compatible with surrounding and anticipated development in the area;
(b)
Is consistent with the intent of the Chester/Stevensville
Community Plan; and
(c)
Will not create undue traffic congestion in
the area.
(5) The following commercial uses are
permitted as a component of a mixed-use development pending approval by the Planning Commission:
(a)
Small-scale retail and service businesses sized
to accommodate the convenience and commercial needs of the Stevensville
community; and
(c)
Businesses or professional offices;
(d)
Medical offices or clinics;
(e)
Banks or financial institutions;
(f)
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses, such as conference facilities, aquatic facilities,
health spas, athletic courts, etc.;
(h)
Other commercial uses with
similar impacts as determined by the Planning Commission.
(10)
Resort health and fitness clubs.
D. Conditional uses.
(1) Manufactured home community.
(2) Telecommunications facilities.
E. Development standards.
(1) In general. Applications for
development in the SMPD District shall conform to the design standards adopted
by resolution of the
County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and meet the following standards in addition to all other applicable requirements for this Chapter
18 that do not conflict with the standards contained in this section. In cases where other standards within the Chapter
18 may conflict with standards contained in this section or the Design Standards for New Neighborhoods, only the standards in this section shall apply.
(2) Use mix. In a mixed-use development that includes commercial uses, no more than 50%
of the developed portion (total site area less the
required 25% of open space area) of the site may be utilized for commercial use.
(3) Maximum
density. Maximum
density for a SMPD District
development shall be 3.5
dwelling units per
acre for that portion
of the
development used for residential purposes
and 4.375
dwelling units per
acre if TDRs are used unless apartment development is proposed which
may allow up to 20 units per
acre limited to a maximum
of five
acres of the proposed master planned
development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards
and represents design, bulk, height and building materials
that are compatible with surrounding development in
the area.
(b)
The apartment development is providing workforce
housing, age-restricted housing, or other moderately
priced housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where
the apartment development is proposed and provides
notice of the meeting to property owners adjacent
to the proposed apartment development prior to submitting
an application to the Department of Planning and Zoning to obtain
citizen input.
|
If the unified development plan consists of
more than one parcel or lot, the acreage of the parcels
or lots may be combined to compute the allowable
residential density. If the development plan combines parcels or lots to compute allowable residential density, the lots or parcels may not thereafter
be considered separately in any subdivision, site plan, or zoning certificate approvals.
|
(4) Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a SMPD
District development is 25%. The maximum floor area ratio may be increased up to 25% if transferable
development rights are utilized.
(5) Planning Commission final determination
on maximum density and floor area ratio. The Planning Commission may require a lower residential density and/or floor area ratio if it finds
that the maximum permitted density or floor
area ratio would result in:
(a)
Development that is not compatible
with existing or anticipated development in the surrounding
area;
(b)
Development that creates a
detrimental impact on the environment; or
(c)
Development that will render
existing or planned public facilities, including, but not limited
to, roads, water, sewer, and schools inadequate.
(d)
The Planning Commission may
also find that a proposed residential density and/or floor area ratio is not consistent with the Community Plan
and is too low and would not be an efficient use of
limited lands zoned for master-planned development, in which case the Planning Commission may make
recommendations to the applicant to revise the plan in a way to be
consistent with the Community Plan. In no case may the residential densities and floor area be greater than
permitted by this section.
(6) Open space.
(a)
Common or public
open space shall comprise at least 25% of the total
site area. A minimum of 10% of the required common or public
open
space shall be utilized and developed for active recreational activities as defined in §
18:1-12 of this Chapter
18:1. If the
open space is to be commonly owned, instead
of being dedicated to the
County, legal documentation
ensuring its continuance and maintenance must be submitted to and
approved by the
Planning Commission.
(b)
The physical distribution of open space shall conform to the Design Standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended.
(7) Design standards.
(a)
Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, and lighting shall be determined by the Planning Commission for each individual development in the SMPD District shall conform to the design standards adopted
by resolution of the County Commissioners No. 08-06,
Design Standards for New Neighborhoods: A guide to creation of Smart
Neighborhoods in the CMPD & SMPD Zoning Districts, as amended;
except that no telecommunications facility shall
exceed 55 feet in building height. In determining
these standards, the Planning Commission shall consider
the unique factors of each development, such as the
proposed density/intensity of the development, use mix, the layout of buildings, roads, and walkways, environmental protection
considerations, the architectural and landscaping features incorporated
into the development, buffer yards between uses and along property lines and compatibility
of the proposed development with existing or anticipated development on surrounding lands. The purpose of these standards
is to provide design flexibility, consistent with public health and
safety, to the developer who subdivides property
and constructs buildings in accordance with a unified
and coherent plan of development.
(b)
All lighting proposed on properties near the
Airport District must be directed away or shielded from the airport
and designated flight path.
(c)
Properties developing near the existing airport
should provide fencing, berming and a landscaping buffer to minimize
impacts of noise and glare from the existing airport
on the proposed development. Proposed developments should also provide berming, landscaping and fencing to minimize
any adverse impacts to the airport property.
(d)
Potential safety conflicts between the existing
airport and new
development shall be minimized.
Site design, including
building height,
building location, and landscaping, should consider the
on-site and off-site impacts of the existing airport. All new
buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter
18.
(8) Traffic circulation and pedestrian linkages shall
conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New
Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD
& SMPD Zoning Districts, as amended, and:
(a)
On-site and off-site streets, traffic circulation
patterns and pedestrian linkages shall be adequate to accommodate
the demands generated by the proposed development. Where practical, streets and pedestrian linkages shall be designed
to connect with adjacent parcels where future development is anticipated.
(b)
Private internal streets/roads are permitted if the Department of Public Works and Planning
Commission find that such streets/roads will
be adequate to carry projected traffic, will be properly maintained,
and are more appropriate to the overall development design than public streets.
(c)
Existing County roads that
may be extended and utilized as either minor or major collector
streets shall be appropriately utilized and extended as minor
or major collector streets.
(d)
The layout of a proposed subdivision, when possible, shall seek to develop minor and/or major collector streets, with bike lanes, to carry traffic generated
by the local streets in the development to destinations
within or outside of the development.
(e)
All roads and streets shall
be closed sections with sidewalks and adequate drainage/stormwater
management and shall be generally consistent with current roads standards.
(f)
Streets shall generally loop or interconnect;
dead-end streets (except where a street is closed pending development of an adjoining parcel) and culs-de-sac shall
be avoided unless there is no other development alternative.
(g)
Transportation improvements must be determined
to be consistent with the transportation element of the Community
Plan and any County corridor management plan or transportation
plan adopted by the County.
(9) Development phasing.
(a)
In addition to the provisions of Subsection
E(9)(b) below,
development phasing for
development in the SMPD District shall comply with §
18:1-38.
(b)
Construction on the commercial component of
a mixed-use project involving residential development shall not commence until at least 50% of the required sewer and
water allocation for the residential development has
been purchased and on-site sewer, water, and road improvements and recreational amenities necessary
to service 50% of the residential component have been completed, as
provided for in the developer's agreement and approved
by the Planning Commission.
(10)
Sign standards. Sign standards for commercial development in the SMPD
District shall be the same as those applying to the SC District, including
the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation
of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as
amended. Sign standards for all other types of development in the SMPD District shall be the same as those
applying to the SR District.
(11)
Nonapplicability of certain sections of this Chapter
18. None of the provisions of §
18:1-36 of this Chapter
18 shall apply to
development in the CMPD
District.
F. Development review process. Notwithstanding the provisions of Chapter
18:1, Part
7, the following items shall apply to the
development review process for SMPD
projects:
(1) A preapplication conference between the applicant,
Department of Planning and Zoning staff and staff from other County departments (as applicable) is required for all SMPD
District development.
(2) A comprehensive array of supporting information and
analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as
part of the sketch and/or concept plan application. Required information
and studies shall include an adequate public facilities study, historic
features and cultural resources inventory, and an environmental impact
assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly
identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate
such impacts.
(3) The applicant shall submit any additional information,
plans, specifications, documents, architectural renderings, etc.,
necessary to determine compliance with the SMPD District standards
contained in the
Planning Commission findings contained in Subsection
F(4) below.
(4) Planning Commission findings. The Planning Commission must make the following findings in
order to grant approval to development proposals
in the SMPD District. The proposed development conforms
with all applicable requirements of this section including:
(a)
Roads and streets loop and
connect internally and, to the extent practicable, are configured
to interconnect and be extended into the road and
street network that may be developed on adjacent undeveloped land;
(b)
Hike and bike lanes/walkways are provided for
nonvehicular public access to the development that
connect with existing hike and/or bike lanes/walkways and are able
to connect with hike/bike lanes/walkways that may be developed on
adjacent undeveloped land;
(c)
A minimum of 25% of the land in the proposed development is devoted to commonly or publicly owned open space and meets the requirements for mandatory parkland dedication.
(d)
The proposed
development conforms to all applicable regulations contained in this Chapter
18 and, if applicable, Chapter
14:1, Chesapeake Bay Critical Area Act;
(e)
The proposed development conforms
to the Stevensville Community Plan;
(f)
The proposed development will
not adversely impact the adequate and orderly provision of public services and facilities for the area;
(g)
The proposed development, in
conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities
standards with regard to traffic;
(h)
The proposed development will
minimize negative environmental impacts and reasonably protect environmentally
sensitive areas and any important historical or cultural features
of the site;
(i)
The proposed development is
designed to be compatible with existing development in the surrounding neighborhood and/or will incorporate adequate screening, landscaping and buffer yards to minimize impacts on the surrounding neighborhood; and
(j)
The proposed development contains open space and recreation facilities designed to serve the
needs of the development and, where appropriate,
the needs of the surrounding community and conforms to the design
standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation
of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as
amended.
G. Forest conservation standards. Forest conservation
standards for
development in the SMPD District outside
of the
Chesapeake Bay Critical Area are contained in Chapter
18:2 of this Chapter
18.
[Amended 9-7-2004 by Ord. No. 04-12; 9-7-2004 by Ord. No. 04-13; 1-24-2012 by Ord. No 11-18]
A. Purpose. This district is intended to foster development of a mixed-use village core along the Main Street
corridor in Grasonville. Most types of residential development are allowed along with institutional uses and certain
low- to medium-scale commercial uses. Development within the district should be pedestrian-oriented and should build
upon the existing character of the community.
B. Location. The GVC District is intended to have specific application
to the Grasonville Planning Area. As such, the GVC District may only
be applied to lands in the Grasonville Planning Area.
C. Uses.
(1) Permitted uses. The following uses are permitted
within the GVC District:
(a)
All
accessory uses as permitted in Chapter
18:1, Part
3, Article
VI, of this Chapter
18.
(c)
All
temporary uses as permitted in §
18:1-53 of this Chapter
18.
(d)
Antique, craft and art studios and shops.
(e)
Banks and other financial facilities.
(f)
Barbershops and hairdressers.
(h)
Business or professional offices.
(m)
First-floor commercial apartments.
(o)
Garden center, garden supplies and greenhouses.
(p)
General/convenience store, no gas sales.
(s)
Ice cream stores and stands.
(t)
Institutional, residential serving five or
fewer residents.
(u)
Institutional, nonprofit.
(v)
Institutional, outdoor recreation.
(x)
Light mechanical repair store (watches, cameras, bikes, electronics).
(y)
Medical offices and clinics.
(z)
Minor multifamily development.
(aa)
Minor single-family cluster subdivision.
(hh)
Restaurants, no drive-through.
(kk)
Single-family residential.
(nn)
Upholstering and upholstery store.
(2) Conditional uses. The following uses are allowed as conditional uses:
(a) Apartment development.
[Added 7-10-2012 by Ord. No. 12-02]
(c)
Auto repair with no exterior storage or repair
areas.
(f)
Commercial or trade schools.
(k)
Grocery stores and supermarkets.
(l)
Institutional, residential serving six or more
residents.
(m)
Institutional, for-profit.
(o)
Lawn mower and garden equipment sales.
(q)
Major multifamily development.
(r)
Major single-family cluster subdivision.
(s)
Package stores (sealed containers not for consumption on-premises).
(v)
Telecommunications facilities.
(w)
Theaters and auditoriums.
(x)
Warehouses with no exterior storage.
D. Development standards.
(1) In general.
(a)
Applications for
development in the GVC District shall meet the following standards in addition to all other applicable requirements for this Chapter
18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter
18:1 may conflict with standards contained in this section, only the standards in this section shall apply.
(b)
The Planning Commission may establish modified building restriction lines, parking, landscaping
and buffer yard requirements on a case-by-case basis
to ensure consistency with GVC District design guidelines.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
[1]
Banks and other financial facilities;
[3]
Medical offices and clinics;
[5]
Institutional; nonprofit;
[6]
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices;
[8]
Where approved by conditional use granted from
the Board of Appeals:
[a]
Apartment development.
[Added 7-10-2012 by Ord. No. 12-02]
[c] Commercial or trade schools;
[d] Institutional, for-profit;
[e] Light industry, where incidental retail stores
do not exceed 25,000 square feet of gross floor area;
[f] Major multifamily development;
[g] Theaters and auditoriums; and
[h] Warehouses with no exterior
storage.
(2) Residential development standards.
(a)
Density/intensity requirements.
[1]
Maximum residential density.
[a] Single-family cluster: 3.2.
[c] Large-lot subdivision: equal to
total site area divided by minimum large-lot area.
[d] In the
growth areas, density can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
[e] The
Planning Commission may allow
apartment development at a
density of 20
units per
acre with the following conditions:
[Added 7-10-2012 by Ord. No. 12-02]
[i] The site area does not exceed
five acres for the apartment development.
[ii] Architectural renderings are provided demonstrating
that the apartment development is compliant with
the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[iii] The apartment development is
providing workforce housing, age-restricted housing, or other moderately priced housing.
[iv] Landscape screening is provided for the structure and parking areas for adjacent
single-family residential uses.
[v] The applicant conducts a public meeting in the
community where the apartment development is proposed
and provides notice of the meeting to property owners, adjacent to the proposed apartment development prior to submitting an application to the Department of Planning
and Zoning to obtain citizen input.
(b)
Dimensional and bulk requirements.
[1]
Minimum open space ratio.
[a] Single-family cluster: .20.
[2]
Minimum lot area.
[a] Single-family cluster: 8,000 square
feet.
[b] Large-lot subdivision: 10,000
square feet.
[3]
Minimum setbacks.
[a] Single- and multifamily cluster.
[4]
Maximum building height: 40 feet.
[5]
Minimum lot width.
[a] Single-family cluster: 50 feet.
[b] Multifamily: See §
18:1-36.
[Amended 7-14-2020 by Ord. No. 20-05]
[c] Large-lot subdivision: 60 feet.
[6]
Minimum lot frontage: 35 feet.
(3) Nonresidential development standards.
(a)
Maximum impervious surface ratio: .80.
[1]
In the planning areas,
impervious surface ratio allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(b)
Maximum floor area ratio: .50.
[1]
In the planning areas,
floor area allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(c)
Minimum lot frontage: 35 feet.
(d)
Minimum setbacks.
[2]
U.S. Routes 50/301: 50 feet.
(e)
Maximum building height.
[1]
Telecommunications facilities: 55 feet.
(4) GVC District design guidelines. All new development and redevelopment in the GVC District is strongly encouraged to
incorporate the following design guidelines. The Planning
Director and/or Planning Commission shall
consider these guidelines and the applicable design objectives of
the Grasonville Community Plan when reviewing and approving development and redevelopment within the GVC District. The Planning Director and/or Planning Commission may not approve applications that have not made a practical and
good faith effort to comply with the following design guidelines:
(a)
Buildings and structures should
be oriented towards Main Street as opposed to U.S. 50/301 whenever
practical;
(b)
Front setbacks should be reduced to bring buildings and structures closer to the street and sidewalks
in order to foster town-scale streetscape and encourage pedestrian
activity;
(c)
Side setbacks and yards between buildings should
be reduced to foster a village-scale streetscape and encourage pedestrian
activities;
(d)
Roadside sidewalks should be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks should be provided wherever practical;
(e)
Parking should be to the side and rear of buildings with allowances for shared and off-site parking
to the rear of buildings. Connecting rear parking lots should be encouraged to allow customers and
residents to drive to shops within the corridor without entering public roads and interrupting traffic and pedestrian flows. Individual
curb cuts should be reduced. To the extent possible, parking should be screened from public ways and should not be placed directly
in front of the building facade containing the primary
entrance to the structure;
(f)
Newly installed utility and service connections should be placed
underground wherever possible;
(g)
An attractive landscape transition to adjoining properties should
be provided, and existing mature landscaping/trees on sites should be preserved. Landscape and screening treatments
between potentially incompatible uses should be enhanced when necessary
to lessen any negative impacts;
(h)
Parking areas and sidewalk areas should be
enhanced with landscaping;
(i)
Exterior lighting should be of a design and size compatible
with the building and adjacent areas. Lighting should
be restrained in design, and excessive brightness or glare should be avoided. Lighting for pedestrian areas and walkways should
be aesthetically pleasing and adequate for public safety;
(j)
Buildings should be in good scale and harmonious
conformance with neighboring development;
(k)
Mechanical equipment or other utility hardware on roof, ground
or buildings should be screened from public view
with materials harmonious with the building, or they
should be located so as not to be visible from public ways. Outside
storage areas and service equipment should also be screened from public
view with materials harmonious to the building;
(l)
Hedges, decorative fences and other forms of landscaping should
be used to close gaps between buildings and define
the streetscape;
(m)
Street trees should be planted to help enclose and shade the
street and pedestrianways;
(n)
Flat roofs and false mansard roofs should be discouraged and
gabled roofs should be encouraged;
(o)
Pedestrian-oriented open spaces should be created
by groupings of small-scale buildings in clusters
and utilizing spaces between the buildings;
(p)
Multiple-story buildings with commercial
uses on the ground floor and mixed office or residential uses on upper floors should be encouraged;
(q)
Full facade treatment, foundation landscaping
and lighting should be required on all building elevations
that are visible from the public way; and
(r)
New construction should be designed and built to blend with
historical Eastern Shore architectural forms (interpretations of colonial
and Victorian) in terms of formal characteristics, such as shape,
height, massing, roof shapes and door and window proportions.
(5) Development phasing.
(a)
Development phasing for
development for the GVC District shall comply with §
18:1-38 of this Chapter
18:1.
(b)
Development review process.
[1]
General procedures. In reviewing
development proposals in the GVC District the procedures prescribed in Chapter
18:1, Part
7, of this Chapter
18:1 shall apply, except as modified by Subsection
D(5)(b)[2] below.
[2]
Specific procedures for the GVC District.
[a] A preapplication conference between the applicant
and the Department of Planning and Zoning is required for all GVC
District development requiring site plan and subdivision approval.
[b] The applicant shall submit any additional information, plans, specifications, documents, drawings, etc., as necessary to determine compliance with the requirements of this Chapter
18:1.
E. Forest conservation standards. Forest conservation standards for
development in the GVC District outside of the
Chesapeake
Bay Critical Area are contained in Chapter
18:2 of this Chapter
18.
[Amended 8-24-2010 by Ord. No. 10-10]
A. Purpose.
(1)
The Airport Protection and Kent Island Gateway District is intended
to prevent the creation or establishment of airport hazards.
(2)
This district will also create a sense of entry to Kent Island
and Queen Anne's County while providing for business, commercial and
certain mixed-use opportunities in the airport environs that will
not be detrimental to the efficiency and safety of the airport.
Structure designs in this district should reflect traditional
Eastern Shore character.
[Amended 9-12-2023 by Ord. No. 23-05]
B. Permitted
uses.
[Amended 12-12-2017 by Ord. No. 17-07; 9-12-2023 by Ord. No. 23-05]
|
Use
|
Permitted Use (P)/
Conditional Use (C)
|
---|
1.
|
Airport/airport-related uses
|
P
|
2.
|
Banquet facility
|
P
|
3.
|
Boat building
|
P
|
4.
|
Boat sales and repair
|
P
|
5.
|
Bowling alley
|
P
|
6.
|
Commercial apartments finally approved by July
1, 2023
|
P
|
7.
|
Conference center
|
P
|
8.
|
Duplex with accessory slip
|
P
|
9.
|
Marina
|
P
|
10.
|
Maritime convenience store
|
P
|
11.
|
Offices
|
P
|
12.
|
Outdoor recreation
|
P
|
13.
|
Passive recreation
|
P
|
14.
|
Residential accessory structures
|
P
|
15.
|
Retail sales/service establishment
|
P
|
C. Use restrictions.
(1)
No
use within the Airport Protection and Kent
Island Gateway District shall:
[Amended 9-12-2023 by Ord. No. 23-05]
(a)
Create electrical interference with radio communications between
the airport and aircraft, navigation systems and automatic weather
observing systems. The prohibited uses shall include,
but not be limited to, non-airport related radio and television transmitting towers or studios, wireless telecommunication towers and antennas and large radiation or X-ray equipment.
(b)
Store non-airport-related petroleum or any other explosive material
above ground.
(c)
Emit smoke or otherwise impair the visibility in the vicinity
of the airport.
(d)
Contain lights or signals which may be confused with airport
navigational lights.
(e)
Result in glare to pilots approaching, leaving or circling the
airport.
(f)
Create bird-strike hazards; or
(g)
Otherwise endanger the landing, taking off or maneuvering of
aircraft.
D. Density/intensity requirements.
(1)
Maximum residential
density:
[Amended 12-12-2017 by Ord. No. 17-07; 9-12-2023 by Ord. No. 23-05]
(a) Duplex with accessory slips: 15% of the number of
slips in an adjacent marina.
(b) The use of a slip at the adjacent marina shall be
a permanent appurtenance to the ownership or tenancy of each duplex.
(2)
Maximum nonresidential floor area ratio.
(b)
Floor area allowed can be increased by a maximum
of 25% using
TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Airport-related facility;
E. Dimensional and bulk requirements.
(1)
Residential
uses:
[Amended 12-12-2017 by Ord. No. 17-07; 9-12-2023 by Ord. No. 23-05]
(a) Minimum lot area: 2,400 square feet per dwelling.
(b) Minimum lot width: 24 feet as measured from the
party wall.
(d) Off-street parking spaces: two per unit.
(e) Maximum building height: 40 feet.
(2)
Nonresidential uses.
(a)
Maximum impervious surface ratio.
(b)
Minimum lot frontage: 35 feet.
(c)
Minimum setbacks.
[2]
U.S. Routes 50/301: 50 feet.
(d)
Maximum building height:
[2]
No structure, tower, or tree
shall be constructed, altered, allowed to prow or maintained in violation
of the above height restriction.
(e)
Airport-related use buildings are exempt from
the above bulk standards.
F. Off-site directional signs.
(1)
Notwithstanding the provisions of §
18:1-82D(2) of this Chapter
18:1, a permanent off-site
directional sign stating the name of a business or business area in the Airport Protection
and Kent Island Gateway District may be located on an arterial roadway
with
Planning Commission approval.
(2)
Any off-site directional signage shall conform to Title 14 of
the Code of Federal Regulations (14 CFR) Part 77.
[Added 9-12-2023 by Ord. No. 23-05]
G. Design standards. Development in the Airport Protection
and Kent Island Gateway District shall conform to the design standards
adopted by resolution of the County Commissioners No. 08-05, Town Center (TC) District and Urban Commercial (UC) District
Design Standards: Commercial and Mixed-Use Development Standards,
as amended, unless otherwise noted and the following design guidelines:
(1)
All lighting proposed on properties in the Airport Protection
and Kent Island Gateway District must be directed away or shielded
from the airport and designated flight paths;
(a) Any proposed lighting in the district shall conform to Title 14 of
the Code of Federal Regulations (14 CFR) Part 77.
[Added 9-12-2023 by Ord. No. 23-05]
(2)
Unless otherwise recommended by the Airport Manager,
development with
structures adjacent to
the airport in this district shall provide fencing, berming or a landscaping
buffer to minimize impacts of noise and glare from the airport to
the proposed
development and from the proposed
development to the airport; and
[Amended 9-12-2023 by Ord. No. 23-05]
(3)
Potential safety conflicts between the airport and off-site
development shall be minimized.
Building, structure, and equipment (permanent or temporary) height and location shall
consider the impacts to the existing airport.
[Amended 9-12-2023 by Ord. No. 23-05]
(a) An airspace determination must be received from the Maryland Department
of Transportation Maryland Aviation Administration and the Federal
Aviation Administration for compliance with Code of Maryland Regulations
11.03.05 and Title 14 of the Code of Federal Regulations (14 CFR)
Part 77, respectively, through completion of Federal Aviation Administration
Form 7460-1 with copy sent to Maryland Department of Transportation
Maryland Aviation Administration.
(b) All development shall minimize or eliminate any
man-made effects that would impact the existing automatic weather
observing systems or affect the siting criteria for automatic weather
observing systems established in Federal Aviation Administration Order
JO6560.20, current edition.
(c) Prior to approval, the developer must obtain written
confirmation from the Airport Manager documenting that all required
state and federal standards have been addressed.
(d) Landscaping and stormwater management facilities shall comply with
Federal Aviation Administration Advisory Circular 150/5200-33, current
edition.
(4)
Development in this district should be sensitive
and create a sense of entry to Kent Island and Queen Anne's County
while reflecting traditional Eastern Shore vernacular by using architectural
elements which are indigenous to the region.
[Amended 9-12-2023 by Ord. No. 23-05]
(5)
A portion of the district should be dedicated to public uses that promote visitation by both Queen Anne's County
residents as well as other visitors. Such uses may include things
such as but not limited to a park, information center, cultural heritage
or Eastern Shore discovery center, museum, garden and/or facilities
to support special events.
(6)
Except for the requirements for
residential use, the
Planning Commission shall have the flexibility
to alter the requirements of this district. In determining any alterations,
the
Planning Commission shall consider such factors
as the proposed intensity of the
development, the
layout of
buildings,
roads, and
walkways, environmental protection considerations, the architectural
and landscaping features incorporated into the
development and compatibility with the existing or anticipated
development on surrounding lands.
[Amended 9-12-2023 by Ord. No. 23-05]
H. Forest Conservation standards. Forest conservation standards for
development in this district outside of the
Chesapeake
Bay Critical Area are contained in Chapter
18:2 of this Chapter
18.
[Added 1-24-2012 by Ord. No. 11-17]
A. Purpose. This district will create a sense of place as the entry
in the community of Grasonville and provide for the development of mixed uses including medical-related uses, retail and limited residential and to supply health-care-related
services, employment and business opportunities in the County. New development within the Grasonville Gateway
and Medical Center District should provide for quality design and
architecture consistent with the existing buildings in the zoning district dedicated to medical services.
B. Permitted uses.
(1)
Assisted living facilities.
(2)
Banks and other financial institutions.
(4)
Business and professional offices.
(9)
Domiciliary care facilities.
(17)
Institutional, residential serving five or
fewer residents.
(18)
Institutional, nonprofit.
(19)
Institutional, for-profit.
(20)
Cannabis licensed dispensary.[Added 4-11-2017 by Ord.
No. 17-06; amended 3-12-2024 by Ord. No. 24-04]
(21)
Medical offices and clinics.
(22)
Medical training facilities.
(23)
Medical specialties and medical support services.
(24)
Minor multifamily development.
(25)
Non-fast-food restaurants.
(28)
Pharmacy or formulary associated with medical offices.
(32)
Scientific (e.g., medical, research, testing or experimental)
laboratories.
C. Conditional uses.
(1)
Institutional, residential serving six or more residents.
(2)
Major multifamily development.
D. Development standards.
(1)
In general. Applications for
development in the GGMC District shall meet the following standards in addition to all other applicable requirements for this Chapter
18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter
18:1 may conflict with standards contained in this section, only the standards in this section shall apply.
(a)
The Planning Commission may establish modified building restriction lines, parking, landscaping
and buffer yard requirements on a case-by-case basis
to insure consistency with the Grasonville Community Plan.
(b)
Compatibility with surrounding development.
New development, infill and redevelopment projects
in this zone shall reflect the existing architecture represented in
the emergency center and professional office building and shall be
compatible with or complement the established proportions and building mass of these buildings. This
includes building materials in the facade and roof, placement, type and size of window, roofs should be pitched
or gabled, mechanical equipment hidden and utilities placed underground.
The Planning Commission may require additional design
criteria to insure the Grasonville Gateway is consistent with established buildings in the zone.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
[1] Banks and other financial facilities;
[3] Medical offices and clinics;
[6] Institutional, nonprofit;
[7] Offices: business or professional;
medical offices and clinics; veterinary offices; and all other offices;
[9] Where approved by conditional use granted from the Board of Appeals:
[a] Major multifamily development;
(2)
Residential development standards.
(a)
Density/intensity requirements.
[1] Maximum residential density.
[b] In the
growth areas, floor area allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(b)
Dimensional and bulk requirements.
[1] Minimum open space ratio.
(3)
Nonresidential development standards.
(a)
Density/intensity requirements.
[1] Maximum nonresidential floor area ratio.
[b] In the
growth areas, floor area allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(b)
Dimensional and bulk requirements.
[1] Maximum impervious surface ratio.
[b] In the
growth areas, impervious surface
ratio allowed can be increased by a maximum of 25% using TDRs in accordance with Chapter
18:1, Part
6, Article
XX.
(c)
Minimum lot frontage: 35 feet.
(d)
Minimum setbacks.
[2] U.S. Routes 50/301: 75 feet.
(4)
Cannabis licensed dispensary.
[Added 4-11-2017 by Ord.
No. 17-06]
(a) Shall be located at least 1,000 feet of any
lot lines of property containing a place of worship, public or private day
care, school, playground, recreation center, library, public park,
or correction facility.
[Amended 3-12-2024 by Ord. No. 24-04]
(b) Shall be located on a property at least 100 feet from any property
containing residential dwelling unit or units;
(c) Shall be located 2,500 feet from another
cannabis licensed
dispensary.
[Amended 3-12-2024 by Ord. No. 24-04]
E. Forest conservation standards. Forest conservation standards for
development in the GGMC District outside of the
Chesapeake Bay Critical Area are contained in Chapter
18:2 of this Chapter
18.
[Amended 8-19-2008 by Ord. No. 08-11]
All new development and redevelopment
in the UC, LIHS, VC and SC Districts is strongly encouraged to incorporate
the following design guidelines, which are intended to protect property
values of adjacent properties and to promote new development that harmonizes with existing land use patterns
in the County. The Planning Director and/or Planning Commission shall consider these
guidelines in their review of all new development and redevelopment within the LIHS, VC and SC Districts. The Planning Director and/or Planning Commission may not approve development applications that have
not made a practical and good faith effort to comply with the following
design guidelines.
A. The following guidelines apply to development in the LIHS District.
(1) The appearance of typical, monolithic strip commercial
and big-box retail centers should be strongly discouraged. Instead,
more modestly scaled commercial structures grouped
in clustered settings with pedestrian-oriented open spaces and plazas should be encouraged. Where the physical separation of structures is not practical or is cost prohibitive, variable facades and storefront setbacks can achieve a similar appearance.
(2) Pitched roofs and gables are encouraged. Where pitched
roofs are not practical from an engineering basis or are not cost
effective, false gables and mansards can achieve a similar appearance.
Flat roofs with exposed mechanical fixtures should be avoided. For
larger structures, variations in rooflines should
be required to reduce scale and add visual interest. Roofs for larger structures should have at least two of the following features:
overhanging eaves, sloped roofs and three or more roof planes.
(3) Structures should have finished architectural facade treatment and detail on all elevations that are visible
from public ways or adjoining properties. Facades greater than 100 feet in length should incorporate recesses and
projections along at least 20% of the length of the facade. For larger buildings, windows, awnings and arcades should total at least 60% of the facade length visible from a public street. Greater architectural interest
should be encouraged for larger structures by directing
the use of a repeating pattern of change in color, texture and material
modules at intervals of no more than 30 feet.
(4) Developments should have primary
access to major roadways or service roads and streets
with immediate access to major roadways. Wherever practical, businesses
should have customer entrances facing local streets and service roads rather than U.S. 50/301. Where commercial development may be patronized by community residents, secondary
traffic access and pedestrian connections to a local street, may be
desirable. Structures should have clearly defined
and highly visible customer entrances with features such as canopies,
porticos, arcades, arches, wingwalls and architecturally
integrated planters.
(5) Parking areas should be located to
the rear and sides of structures and should contain
perimeter landscaping and landscape islands.
(6) Foundation landscaping and shade trees shall be used
to soften the appearance of buildings and add visual
appeal to pedestrian plazas and sidewalks.
(7) Stormwater management areas should be incorporated
into the landscaping of the site and should have
the appearance of a landscape amenity rather than
a fenced utility area.
(8) Adequate landscape buffering and screening along site perimeters shall be used to protect
adjacent residential neighborhoods and residential and mixed-use zoned
properties. Landscape buffers between incompatible uses should be wide and dense enough to completely screen proposed development from adjoining properties. Landscape buffers
should also be planted along the frontage of the U.S. 50/301 corridor.
(9) Exterior lighting shall be restrained in design in
order to avoid excessive brightness and glare onto
adjacent properties.
(10)
Commercial signage shall comply with current County regulations. Specifically, any existing billboards
shall be removed as a condition of development approval,
and all freestanding signs shall have an architectural
and/or landscaped base.
(11)
Exterior mechanical, storage or service areas
shall be completely screened from view of any public way or adjoining
property.
(12)
Predominant exterior building materials should
be of high quality. These include brick, wood or vinyl siding, stone
and tinted/textured concrete masonry units. Smooth-faced concrete
block, tilt-up concrete panels or prefabricated steel panels may not
exceed 50% of the entire structure.
(13)
Facade colors should be of
low reflectance, subtle or neutral earth tone colors. The use of high-intensity colors, metallic colors, black or
fluorescent colors should be prohibited. Building trim may feature brighter colors, but neon tubing should not be
permitted.
(14)
Roadside sidewalks should be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks should be provided wherever
practical.
B. The following guidelines apply to development in the SC and VC Districts.
(1) Pitched roofs and gables are encouraged. Where pitched
roofs are not practical from an engineering basis or are not cost
effective, false gables and mansards can achieve a similar appearance.
Flat roofs with exposed mechanical fixtures should be avoided. For
larger structures, variations in rooflines should
be required to reduce scale and add visual interest. Roofs for larger structures should have at least two of the following features:
overhanging eaves, sloped roofs and three or more roof planes.
(2) Structures should have finished architectural facade treatment and detail on all elevations that are visible
from public ways or adjoining properties. Facades greater than 100 feet in length should incorporate recesses and
projections along at least 20% of the length of the facade. For larger buildings, windows, awnings and arcades should total at least 60% of the facade length visible from a public street. Greater architectural interest
should be encouraged for larger structures by directing
the use of a repeating pattern of change in color,
texture and material modules at intervals of no more than 30 feet.
(3) Foundation landscaping and shade trees should be used
to soften the appearance of buildings and add visual
appeal to pedestrian plazas and sidewalks.
(4) Adequate landscape buffering and screening along site perimeters should be used to protect
adjacent residential neighborhoods and residential and mixed-use zoned
properties. Landscape buffers between incompatible uses should be wide and dense enough to completely screen proposed development from adjoining properties. Landscape buffers
should also be planted along the frontage of the U.S. 50/301 corridor.
(5) Exterior lighting shall be restrained in design in
order to avoid excessive brightness and glare onto
adjacent properties.
(6) Commercial signage shall comply with current County regulations. Specifically, any existing billboards
shall be removed as a condition of development approval,
and all freestanding signs should have an architectural
and/or landscaped base.
(7) Exterior mechanical, storage or service areas should
be completely screened from view of any public way or adjoining property.
(8) Predominant exterior building materials should be
of high quality. These include brick, wood or vinyl siding, stone
and tinted/textured concrete masonry units. Smooth faced concrete
block, tilt-up concrete panels or prefabricated steel panels may not
exceed 50% of the entire structure.
(9) Facade colors should be of low reflectance,
subtle or neutral earth tone colors. The use of high-intensity
colors, metallic colors, black or fluorescent colors should be prohibited. Building trim may feature brighter colors, but neon tubing
should not be permitted.
All
development in residential
zoning districts for the CMPD, SMPD, GPRN, SHVC, VC, GNC, and GVC
Districts shall be master-planned as an integrated project with well-designed
and coordinated transitions between various land
uses and adjacent existing land
uses. A phasing plan
for various components of the
development must be
approved by the
Planning Commission as a component
of initial sketch and/or concept plan approval. All
development infrastructure and
amenities must be phased and
constructed at a rate commensurate with housing unit or
floor
area construction unless otherwise specified in this Chapter
18:1.
[Added 12-12-2017 by Ord.
No. 17-16]
A. Purpose.
(1) To create a zone to allow
utility-scale solar arrays, as defined in Chapter
18App, Appendix A: Glossary, in a specified area of the
County.
(2) To add additional requirements for utility-scale solar arrays, including setbacks from residential and other uses.
(3) To provide landscape screening from adjacent properties, roads, rights-of-way to prevent glare,
noise, visually unattractive appearance or other adverse impacts to
adjoining properties.
(4) To provide for the removal of utility-scale solar arrays at the termination of the use.
B. Utility-scale solar arrays:
(1) Shall be permitted only as a conditional
use in
the Agricultural (AG) and Countryside (CS) Districts and located:
[Amended 6-14-2022 by Ord. No. 21-04]
(a) Within a two-mile radius on either side of the electric transmission
lines with a capacity equal to or greater than 69 kV as identified
on the Utility Scale Solar Array Overlap (USSA)District Map; or
(b) Outside of the two-mile radius described by Subsection
B(1)(a), only on parcel(s) that are partially located within the two-mile radius described by Subsection
B(1)(a), subject to the following:
[1] All
utility-scale solar array improvements
located outside of the two-mile radius must comply with all conditional
use standards and requirements found in §
18:1-95S and applicable to the USSA;
[2] The applicant must obtain and establish by duly
executed, recorded instrument, prior to commencement of construction
of the utility-scale solar array, a perpetual conservation easement that satisfies the following requirements:
[a] The conservation easement shall
protect an area of agricultural land in the Agricultural (AG) District
or Countryside (CS) District equal to one acre for every acre of land
located outside of the two-mile radius that is developed for the utility-scale solar array or associated improvements;
[b] The area deemed developed for purposes of calculating the conservation acreage required by this subsection shall consist of: (1) the entire area enclosed by the security fence required by §
18:1-95S(4)(e), which generally consists of driveways, substations,
solar arrays, and stormwater
structures, and (2) required landscape buffers, but shall
not include areas outside the fence associated with the solar project,
such as areas of forest conservation;
[c] Lands eligible to meet the conservation requirements
of this subsection may be located on any eligible agricultural land
throughout the entire Agricultural (AG) District or Countryside (CS)
District, whether on the same parcel or parcels where the utility-scale solar array is to be established, parcels
adjacent thereto, or elsewhere, and without regard to whether the
land to be conserved is owned by the owner of the land where the utility-scale solar array is located;
[d] Only lands or portions thereof that are not currently
subject to any kind of perpetual conservation easement are eligible to meet the conservation requirement of this subsection;
[e] Lands that are eligible for conservation under
this subsection shall be prioritized as follows:
[i] At least 50% of the land to be conserved shall
consist of USDA Soil Capability Class I, II, or III; or
[ii] If the land is wooded, 50% of the wooded area
to be conserved is classified as USDA Woodland Group 1 or 2; or
[iii] If there is an insufficient percentage of USDA
Soil Capability Class I, II, or III soils alone and there is an insufficient
percentage of USDA Woodland Group 1 or 2 soils alone, a minimum of
60% of the land area to be conserved shall consist of the classifications
set forth above in combination;
[f] Only a party that is reasonably capable of enforcing
the conservation easement, such as Queen Anne's County,
Maryland Environmental Trust, Maryland Agricultural Land Preservation
Foundation, or another such recognized conservation organization,
may be identified as the grantee of the easement;
[g] The applicant is solely responsible for negotiating
and acquiring the required conservation easement and
preparing and recording all necessary legal documents, including all
legal fees and applicable transfer and recordation taxes and fees;
[3] The requirement to conserve agricultural land in
the Agricultural (AG) District or the Countryside (CS) District applies
whether the utility-scale solar array is to be established
on Agricultural (AG) District land or Countryside (CS) District land;
[4] The conservation requirement of this subsection
may be met without regard to differences between the number of development
rights on the parcel where the utility-scale solar array is located and the number of such rights being retired on the newly
conserved lands, provided that any Reservation of Resource Conservation
Area Density Rights Agreement required by COMAR 27.01.14.05 shall
not be affected by this provision.
(2) Shall not be on a parcel with conservation or
open space
easement(s) as recorded in the Land Records of Queen Anne's
County or otherwise designated through agreement, except that a conservation
easement established for purposes of Subsection
B(1)(b) above may partially encumber a property proposed for solar development, provided that no solar improvements or landscape buffers are located within the protected
easement area;
[Amended 6-14-2022 by Ord. No. 21-04]
(3) Shall not be on a parcel within a greenbelt designation or a municipal
growth area as identified in the Queen Anne's County
Comprehensive Plan as amended or a Queen Anne's County municipality's
community plan;
[Amended 6-14-2022 by Ord. No. 21-04]
(4) Shall not be permitted on a parcel reconfigured through administrative
subdivision for the purpose of adding additional acreage
to the area available for utility-scale solar arrays;
(5) Shall comply with all applicable federal and state regulations, including
but not limited to obtaining a certificate of public convenience and
necessity from the Public Service Commission if required, and in the
removal and disposal of the utility-scale solar array and all of its components;