1. Minimum parking requirements. In all zoning districts, off-street parking spaces shall be provided in accordance with the following schedule. In this section, "square feet" refers to gross square feet of floor area. For residential units, the minimum required parking spaces refers to the number of spaces required per residential unit. [Amended 1-5-2017 by Ord. No. 12-2016]
   
   

   Land Use	Minimum Required Parking (spaces)
   Residences
   Single-family, Cottage, Duplex or 2-family dwelling	2.0
   Multi-Family and Townhouse:
   Efficiencies and 1-bedroom	1.5
   Section 170-20A(6)(d) Accessory Apartment, and Accessory Dwelling Units per units	1.0
   2-bedroom	2.25
   3 or more bedrooms	2.5
   Mobile homes	2.0
   Churches and schools	1 per 4 seats in a principal auditorium or 1 per 10 classroom seats, whichever is greater
   Clubs, lodges, assembly hall, and other recreational facilities	1 per 2 persons of the rated capacity of the building
   Funeral homes	8 per parlor or 1 per 50 square feet, whichever is greater
   Gasoline filling stations
   Without service bays	3.0
   With service bays	3.0, plus 3.0 per service bay
   With a convenience store	3.0, plus 1 per 250 square feet
   Hotels, motels, and lodging houses	1 per room; additional spaces shall be required as determined by the Planning and Zoning Commission if the use includes conference facilities or similar uses
   Libraries, post offices, fire stations, and other public buildings	1 per 150 square feet
   Manufacturing plants, warehousing	1 1/2 per 2 employees on the largest working shift
   Museums and similar uses	1 per 300 square feet
   Neighborhood shopping centers	1 per 300 square feet
   Nursing homes, assisted living facilities, continuing care facilities and similar uses [Amended 2-18-2016 by Ord. No. 01-2016]	1 per 6 beds, plus 1 per employee on the largest work shift, and plus 1 per staff member and visiting doctor
   Offices	1 per 300 square feet
   Restaurants, standard, or other places serving food, beverages, or other refreshments	1 per 100 square feet
   Restaurants, carry-out, drive-in or drive-through and fast-food	1 per 75 square feet
   Retail businesses	1 per 250 square feet
   Services, general	1 per 300 square feet
   Services, professional:
   Medical services, including clinics, dentistry, medicine, veterinary medicine	1 per 200 square feet
   Other professional services	1 per 300 square feet

2. Variations from parking standards. [Amended 8-4-2016 by Ord. No. 10-2016]
   1. Determination of parking standard by Planning and Zoning Commission. The Town recognizes that the minimum parking requirements in Subsection A above do not cover every possible development scenario that may arise. Therefore, reasonable off-street parking requirements for uses that do not fall within the categories listed above may be approved by the Planning and Zoning Commission using the minimum parking requirements in Subsection A as an expectation and considering additional information submitted by the applicant. An applicant for site plan approval for a use not listed above shall submit a parking needs study that provides:
      1. An estimate of the parking needs for the use.
      2. An explanation of the basis of the estimated parking needs.
      3. Any data used, including parking generation studies or experience with similar uses.
   2. Deviations from parking standards. The Town recognizes that, due to the peculiarities of any given development, the inflexible application of the parking standards may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets, as well as unauthorized parking in nearby private lots. The latter situation wastes money, as well as space that could more desirably be used for valuable development or environmentally useful open space. Therefore, the Town (through the Planning and Zoning Commission) may permit deviations of up to 50% from the presumptive requirements of Subsection A above and may require more or allow less parking as may be deemed appropriate during the process of site plan review. In determining whether or not it is appropriate to allow such deviations, the applicant shall have the burden of supplying evidence that such a change is warranted. This evidence shall include the applicant's experience with the same use in other jurisdictions, alternate standards (and an assessment of their adequacy) for the same use in other communities, or a suggested standard by a nationally recognized authority in parking (e.g., the Institute of Transportation Engineers, the American Planning Association, etc.), and an explanation of the circumstances that necessitate a variation from the minimum parking requirements.
   3. Shared parking. For structures or sites containing multiple primary uses, except neighborhood shopping centers, as defined in this chapter, the sum of the minimum parking for each use shall be required, except as the Planning and Zoning Commission may allow deviations in accordance with Subsection B(2) above. However, the Planning and Zoning Commission may approve a reduction in the required parking area if the applicant demonstrates that the periods of peak parking demand associated with each activity inherently occur at different times. Examples of uses with different times for peak demand include offices (day use) and hotels (evening use) or offices (weekday use) and churches (weekend use).
   4. Parking in the CBD District. In the CBD District, when an existing (as of the effective date of this chapter) conforming use of land or structures is replaced by a similar conforming use within a two-year period, off-street parking regulations are waived. Any construction, rebuilding, expansion, or demolition and rebuilding of existing structures that results in increased square footage must meet the requirements for parking described in this section (Article IV, § 170-32), except as the Planning and Zoning Commission may allow deviations in accordance with Subsection B(2) above, only for the increased square footage, not for the existing square footage.
   5. In situations where the total parking area is not needed in the immediate future, but may be needed in the longer term, the Planning and Zoning Commission may require that all of the area be provided and reserved for parking, but may suspend or waive the requirement that it actually be paved, until such time as the Planning and Zoning Commission determines that it is necessary. The suspension or waiving of certain requirements, the trigger for their implementation, and the net change in parking requirements shall be expressed and documented in such a way as to be enforceable through the Zoning Code or through such other means that provides a mechanism for enforcement.
3. Dimensions for parking areas.
   1. Parking spaces.
      1. A required off-street parking space shall be:
         1. At least nine feet in width and at least 18 feet in length for a standard space.
         2. At least seven feet in width and at least 20 feet in length for parallel parking.
         3. At least eight feet in width and at least 16 feet in length for compact space.
      2. Dimensions are exclusive of access drives or aisles and ramps.
      3. Parking for the handicapped shall be 12 feet in width and 18 feet in length, the number and location as specified by state and federal regulations.
   2. Entrances from public or private streets shall conform to the following dimensions:
      1. One-way traffic entrances: minimum 14 feet in width.
      2. Two-way traffic entrances: minimum 24 feet and maximum 35 feet in width; such entrances shall be at least 15 feet apart.
      3. Monumental entrances shall be provided with a six-foot-wide median, and the traffic lanes shall be at least 17 feet in width.
      4. All entrances shall be at least 7 1/2 feet from side lot lines.
   3. Minimum aisle widths are as follows, with the angle measured between the center line of the parking space and the center line of the aisle:
      
      

      Parking Angle	Aisle Width (feet)
      90°	24
      60°	18
      45°	15
      Parallel	12

   4. Parking spaces shall be at least five feet from street rights-of-way.
   5. In a multifamily residential subdivision, no parking area shall exceed 108 feet in length, and no portion of a parking space shall be less than 20 feet from a public street right-of-way.
4. Design standards for parking areas.
   1. Parking areas shall be designed with sufficient maneuvering space for vehicles within the boundaries of the lot. Space for maneuvering shall not encroach upon a public street or upon another required parking space.
   2. Except for driveways serving a single-family dwelling, parking areas shall be designed so that it is not necessary for vehicles to back into any road.
   3. Every off-street parking area shall have safe and efficient access from a public street.
   4. Parking areas associated with public, semipublic, commercial, or industrial uses and residential structures with more than two units shall be surfaced and maintained with a paved material in conformity with Town Design Specifications to form a durable surface. Use of porous or permeable paving is encouraged to achieve stormwater management goals.
   5. Use of pervious surfaces, such as gravel, stone, "two-track" driveways with a grass strip in the center, or permeable paving, is encouraged for single-family or duplex driveways.
   6. Lighting used to illuminate parking areas shall be arranged to direct the light away from adjoining premises in an R District and from public roads.
   7. Parking facilities with more than 10 parking spaces and existing parking lots which expand to over 10 spaces shall comply with the requirements below:
      1. Bicycle parking facilities shall be provided at a location convenient to the main building entrance and with safe and convenient pedestrian access to building entrances.
      2. For all parking spaces in excess of 1.5 times the minimum required number of spaces, permeable or porous paving materials shall be used for the parking spaces and the adjacent aisles and maneuvering space.
   8. Landscaped areas within parking lots shall be provided in accordance with § 170-47. Landscaped areas.¹
   9. Notwithstanding other provisions of this chapter regarding accessory uses and structures, it shall not be necessary that parking areas be located in the rear yard. However, in the C-2 and C-3 Districts, parking areas shall be located to the rear and/or sides of buildings. The Planning and Zoning Commission may approve parking in front of a building when this allows better site design.²
   10. Parking spaces for persons with disabilities shall be provided in accordance with the Americans with Disabilities Act and the Maryland Accessibility Code.

[Amended 12-18-2001 by Ord. No. 10-01; 5-17-2012 by Ord. No. 01-2012]

¹ Editor's Note: So in original.
² Editor's Note: So in original.

In any zone in connection with every building or part thereof, having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display or sales, mortuary, or other uses similarly requiring the receipt and distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building or use, at least one off-street loading space plus one additional such loading space for each 10,000 square feet of gross floor area or major fraction thereof. Each loading space shall be not less than 10 feet in width, 45 feet in length, and 14 feet in height. Such space may occupy all or any required yard court, except a front yard. No such space shall be located closer than 50 feet to any lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence, not less than six feet in height, and then not within 10 feet of any lot located in any R District.

The building height limitations of this chapter may be exceeded by 25% for penthouses or roof structures, housing stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, fire or parapet walls, towers, steeples, flag poles, silos, smoke stacks, masts, tanks, monuments, or other structures that project into the air.

On a corner lot in any zone, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 21/2 and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

1. The front yard required for a dwelling in any zone which permits residences may be reduced in the case of a dwelling to be located between two existing dwellings which lack the required front yard and which are less than 100 feet apart. In such a case, the front yard depth shall be no less than that of the deeper adjoining lot.
2. In any zone, on any lot which fronts on a street having a right-of-way of less than 50 feet in width, a building shall be located at a distance from the center line of such a road not less than the depth of the required front yard in the zone plus 25 feet.
   

Public utility rights-of-way and structures may be permitted as follows:

1. Telephone, electric, water, sewer, and gas lines with necessary accompanying and incidental equipment for local distribution are permitted as a matter of right in any district.
2. Hydroelectric lines; dams; power plants; transmission lines; substations; pumping and boosting stations; pipelines; administrative, construction, maintenance and storage facilities; and water and sewage treatment facilities may be permitted as a special exception in any district.
   

1. Purpose. Signs obstruct views, distract motorists, displace alternative uses of land, and pose other problems that legitimately call for regulation. The purpose of this section is to prescribe the standards for location, design, illumination, height and size of all types of signs within the Town of Centreville in order to protect the unique and small town character of the Town. This section also intends to promote the following:
   1. To encourage the effective use of signs as a means of communication for the convenience of the public by preventing their overconcentration, improper placement and excessive size;
   2. To maintain and enhance the aesthetic environment while promoting creativity and the Town's ability to attract sources of economic growth and development;
   3. To minimize the potential adverse effects of signs on nearby public and private property;
   4. To enable the fair and consistent enforcement of these sign regulations without regulating the content of any sign. To accomplish this objective, this subsection must be interpreted in a manner consistent with the First Amendment guarantee of free speech.
2. General regulations.
   1. Signs requiring permits. Other than temporary signs provided for in Subsection D herein and exempt signs as provided herein, no sign shall be erected, enlarged, or altered without a permit from the Zoning Administrator. Applications for permits shall be submitted to the Zoning Administrator. Each application shall be accompanied by drawings and written material showing the area and general appearance of the sign, the method of illumination, the exact location of the proposed sign, and the method of construction and/or attachment of such sign to the building or structure. Signs that do not extend over seven feet above existing grade and are completely screened from view, inclusive of light, from public roadways and other parcels by on-site buildings, structures, evergreen landscaping, and/or grade differences are exempt from the sign provisions of this chapter including the requirement to obtain a permit. [Amended 6-6-2019 by Ord. No. 07-2019]
   2. Nonconforming signs may not be enlarged, substantially altered, moved, or replaced except to bring the sign into conformity with these regulations. Nonconforming signs may be repaired and maintained to the original sign specifications. Notwithstanding the language herein, nonconforming electronic message centers that are grandfathered may be replaced if the existing sign is ever damaged or destroyed.
   3. Signs shall be maintained in good condition. The Zoning Administrator may order the removal of any sign, sign structure or awning that is not maintained in accordance with this Code.
   4. Traffic control devices on private or public property must be erected and maintained to comply with the Maryland Manual on Uniform Traffic Control Devices.
   5. No sign, except for a traffic, regulatory, or information sign, shall use the words "stop," "caution," or "danger," or shall incorporate red, amber, or green lights resembling traffic signals, or shall resemble "stop" or "yield" signs in shape and color.
   6. No sign shall be erected which is affixed to a fence, utility pole, or tree, shrub, rock, or other natural object.
   7. Signs shall not cover architectural details such as, but not limited to, arches, sills, moldings, cornices, and transom windows.
   8. No sign shall be permitted which becomes unsafe or endangers the safety of a building, premises or person. The Zoning Administrator is authorized to order such signs to be made safe or be removed and such order shall be complied with within seven days of the receipt of such order.
   9. No sign, sign structure or part thereof shall be located so as to obstruct or conflict with traffic sight lines, or traffic control signs or signals. No lighting of signs shall be permitted which is of flashing, intermittent, rotating, or other animated type, or which would tend to blind or distract motorists, or which would shine directly onto any dwelling.
   10. Noncommercial content may replace the message on any permitted or exempt sign.
   11. Official notices or advertisements posted or displayed by or under the direction of any public court officer in the performance of official or directed duties shall not be subject to the provisions of this section, provided that all such signs shall be removed by the property owner no more than 10 days after their purpose has been accomplished or as otherwise required by law.
   12. Where a federal, state, or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state, or local law to exercise that authority by posting a sign on the property. If the federal, state, or local regulation describes the form and dimensions of the sign, the property owner must comply with those requirements; otherwise, when not defined, the sign shall be no larger than two square feet and located in a place on the property to provide access to the notice that is required to be made.
   13. All illuminated signs located on a lot adjacent (includes across a street) to any residentially zoned or residentially used parcel shall be turned off between the hours of 10:00 p.m. and 6:00 a.m.
   14. The Town may designate areas for the placement of civic signs on public property.
3. Permitted sign types, sizes, and standards by zoning district. The Official Tables of Sign Types and Dimensional Regulations are included at the end of this section in Tables 1 through 4.¹ There is no table for the Traditional Neighborhood Development District (TND). The sign provisions for the TND District are included in § 170-29.1.
4. Temporary signs. The following regulations shall apply to temporary signs.
   1. Except as otherwise provided herein, temporary signs shall not exceed four square feet in area and 4.5 feet in height.
   2. A property owner may place one temporary sign on the property without restriction on time.
   3. In addition to the one sign allowed without restriction on time, one temporary sign may be located on the property when the property is being offered for sale or lease for a period ending 15 days following the date on which a contract of sale or lease has been executed by a person purchasing or leasing the property. If the sign face is attached to a post, the top of post shall be no more than six feet above grade.
   4. In any calendar year, for up to 60 days in a residential district and 30 days in a nonresidential district, a property owner may display temporary signs in excess of the two signs expressly allowed by this section.
   5. No temporary sign shall be attached or secured to a building, fence, porch, railing, tree, or any other object or structure.
   6. No temporary sign shall be located within 10 feet of a public road right-of-way, nor shall any such sign be located in a required side yard setback or within two feet of a side property line in the CBD.
   7. Temporary signs provided in Subsection D(2), (3), and (4) herein shall be exempt from the requirement to obtain a permit.
   8. One temporary sign that exceeds the qualitative standards set in Subsection D(1) above may be allowed only by permit under the following conditions:
      1. It complies with all other sign standards and requirements of this chapter for the district where it is located and the land use as regulated.
      2. A temporary sign permit will allow the property owner to display a sign only at the specific location on the site and/or building noted on the permit.
      3. The temporary permit will entitle the owner to interchange one temporary sign with any other temporary sign with the same dimensions.
      4. Under the permit, the display of the temporary sign shall be limited to 90 days during the 365-day period the permit is valid.
      5. Failure to obtain a permit for any temporary sign not otherwise expressly allowed without permit by this Subsection D(8) or to comply with the conditions of this Subsection D(8) subjects the sign and/or property owner to the enforcement provisions of this chapter.
      6. A temporary sign permit as provided in this Subsection D(8) shall automatically expire one year after its issuance or after the 90th day of the display of the sign, whichever shall occur first.
   9. One temporary sign associated with the opening of a development or subdivision may be allowed by permit, provided the following requirements are met:
      1. It is no greater than 32 square feet in size for development tracts less than 1/2 acre or 50 square feet for tracts larger than 1/2 acre.
      2. It is not greater than eight feet in height.
      3. It is removed within 90 days of its installation, except that for developments involving the dedication of public streets, the sign may remain in place until the dedication of associated public streets and/or utilities or for a complete and uninterrupted one-year period, whichever occurs first.
      4. Signs permitted pursuant to this Subsection D(9) shall also comply and be subject to Subsection D(8)(b) and (e).
5. Supplemental standards for sign types. The following supplemental standards apply to specific sign types:
   1. Awning signs. All drop awnings attached to buildings shall not, when let down to the full extent, be less than seven feet above the sidewalks of the Town at all points. The lowest portion of all display signs fastened to, suspended from, or supported by a building or structure so as to project therefrom at an angle shall be not less than seven feet vertically above the surface of the sidewalks of the Town at all points.
   2. Directional signs. Directional signs are permitted in all zoning districts. Directional signs shall not exceed two square feet in area, shall not exceed three feet in height, and shall not contain any advertising material.
   3. Electronic Message Centers. New electronic message centers (EMCs) are permitted for governmental and institutional uses as a freestanding sign in non-residential zones along State roads, excluding the Central Business District (CBD), where the same or more intense zoning (excluding the Central Business District), where the same or more intense zoning (excluding the Central Business District) exists across the State road as more particularly shown on Table 4 (Attachment 10 to the Zoning Ordinance). EMCs are also permitted for public schools as a freestanding monument sign in residential zones along State roads, where non-residential zoning exists across the State road as more particularly shown on Table 4 (Attachment 10 to the Zoning Ordinance). The four existing EMCs are grandfathered and considered nonconforming signs for the purpose of § 170-38. The following provisions shall apply to new and existing EMCs including nonconforming EMCs:
      
      1. Duration of message change interval. Each message on an EMC can be changed no more frequently than once every five minutes, and the actual change process is accomplished in two seconds or less with no face in or fade out.
         
      2. Transitions/flashing/animation. The EMC shall display only static messages that remain constant in illumination intensity and do not have movement or the appearance or optical illusion of movement (no revolving, flashing, moving, scrolling, or rotating). Also, the EMC shall consist only of alphabetic or numeric characters on a plain black background and may not include graphic, pictorial, or photographic images.
         
      3. Dimming. The EMC shall be equipped with a fully operational light sensor that automatically adjusts the intensity of the billboard according to the amount of ambient light.
         
      4. Brightness levels. EMCs shall not exceed a maximum illumination of 0.3 footcandle above the ambient light as seen at a distance of 150 feet for the time period between sunset and sunrise. The applicant shall provide written certification from the sign manufacturer that the light intensity has been preset not to exceed the levels specified above, and the intensity level is protected from end-use adjustment.
         
      5. Colors. EMCs shall be a single color on any given message or display (i.e., they shall be mono color signs) and shall always use only one color.
         
      6. Time restrictions. EMCs located on a lot adjacent (includes across a street) to any residentially zoned or residentially used parcel shall be turned off between the hours of 10:00 p.m. and 6:00 a.m.
         
      7. Audio speakers. Audio speakers are prohibited.
         
      8. Malfunctions. EMCs shall be designed to either freeze the display in one static position, display a full blank screen, or turn off in the event of a malfunction.
         
6. Prohibited signs. The following signs are prohibited:
   1. Pennants, streamers, and spinning or similar type signs, except feather signs.
   2. Any sign that flashes or rotates.
   3. Any sign fastened to, and supported by, or on the roof of a building, and no projecting sign shall extend over or above the roof (including mansard roofs) of a parapet wall of a building.
   4. Off-premises signs. Any sign advertising or identifying a business or organization which is not located on that premises, other than temporary signs. Existing off-premises signs for which a valid permit has been issued will be permitted to remain for a period of one year from the date of the adoption of this ordinance.
   5. Signs in the public right-of-way, except easel/placard signs placed on the sidewalk in front of a business, provided that the sign doesn't impede pedestrian traffic.
   6. Signs that are obscene, illegal, hazardous to traffic, imitative of official government signs (i.e., Stop, Danger, Caution, etc.) or obstructive to public visibility so as to create a hazard to the public.
   7. New electronic message centers (EMCs) and digital electronic signs of any kind, are prohibited, except for governmental and institutional signs in non-residential zoning districts (excluding the Central Business District) and for public school signs in residential zoning districts and subject to the supplemental standards contained in § 170-38.E(3) and Table 4 (Attachment 10 to the Zoning Ordinance).
      
      

[Amended 12-18-2001 by Ord. No. 10-01; 3-20-2014 by Ord. No. 05-2014; 3-7-2019 by Ord. No. 01-2018]

¹ Editor's Note: Tables 1 through 4 are included as attachments to this chapter.

1. Except as otherwise provided in this chapter, all uses and structures shall be located outside the required front or side yards in any residential or commercial district. Accessory uses and structures that are a part of or attached to the main building require the same minimum yard setbacks as the main building. [Amended 1-2-2014 by Ord. No. 13-2013; 10-4-2019 by Ord. No. 11-2019; 9-2-2021 by Ord. No. 09-2021]
2. Accessory buildings which are not a part of or attached to the main building, although they may be connected by an open breezeway, may only be located between the rear lot line and the closest point of the rear wall of the main building, provided that the sum of the building footprints of all existing and proposed accessory building does not exceed 30% of the area of the required rear yard and provided the following standards are adhered to: [Amended 9-2-2021 by Ord. No. 09-2021]
   1. Every accessory building shall be set back from side and rear lot lines at least three feet except as provided herein:
      1. The minimum required setback from the side and rear lot lines shall be five feet up to a maximum height of 15 feet and 10 feet for every height above 15 feet as shown in the table presented here:
         
         

         Height of Accessory Building (feet)	Minimum Setback from Lot Line (feet)
         	Side	Rear	Vegetative Buffer
         Under 12	3	3	Not required
         12 - under 15	5	5	Required
         15 and over	10	10	Required

   2. The building height shall be no higher than the height of the principal structure on the lot.
   3. The permit application for any building 12 feet or more in height shall include a native species evergreen buffer planting plan designed to allow only filtered views of the building from adjoining lots and the street.
3. Side yard fences. Fences are prohibited between the side street yard building restriction line of any residential building and any publicly dedicated street, private street or private parking area; however, in the R-1 Zone, the Zoning Administrator may permit a fence in a side yard on a corner lot outside of the building restriction line, providing that the fence does not affect visibility at nearby intersections. If the fence crosses any Town-owned easements, the property owner shall record a statement among the land records of Queen Anne's County that it is their responsibility and that they shall bear the cost of removal if the fence must be moved or removed in order to access the easement, and that if the fence is damaged for any reason, there is no liability on behalf of the Town. This section shall not affect any easements that are not Town owned, which shall be governed by the easement document in terms of whether fences are permitted in the easement area. [Amended 5-2-2019 by Ord. No. 04-2019]
4. Rule of construction. In applying the fence restrictions contained in this section, the term "front yard" shall mean the "apparent front yard," and the side, side street and rear yards of any lot shall be determined by their relationship to the apparent front yard of the lot. For through corner lots, one yard abutting a publicly dedicated right-of-way, private right-of-way or parking area shall be determined to be the apparent front yard as defined herein, and the other two yards abutting publicly dedicated rights-of-way or parking areas shall be side street yards.

[Amended 12-7-2006 by Ord. No. 07-06]

Satellite dishes greater than one meter (39.37 inches) in diameter, shall be located in the rear yard and shall meet setbacks provided in § 170-39 above.

[Amended 1-2-2014 by Ord. No. 11-2013]

Conversion of large homes into two or more residential apartments in any district where permitted must comply with the following:

1. Parking regulations as per Article IV, § 170-32A(1) shall be met.
2. There shall be 5,000 square feet of land area per apartment unit.
3. All current building and fire codes must be met. [Added 12-18-2001 by Ord. No. 10-01]
   

1. Purpose.
   1. One of zoning's most important functions is the division of land uses into districts which have similar character and contain compatible uses. All uses permitted in any district have generally similar characteristics. Buffer yards will operate to minimize the negative impact of any future use on neighboring uses.
   2. The buffer yard is a combination of setback and a visual Buffer or barrier and is a yard or area together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each buffer yard requirement of this chapter are specified and are designed to ameliorate nuisances between adjacent zoning districts to ensure a desired character along public streets and roads. The planting units required of buffer yards have been calculated to ensure that they do, in fact, function as "Buffers."
   3. Buffer yards shall be required to separate different zoning districts from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. Mature woodlands are considered the best Buffers and should be used whenever possible.
2. Location of buffer yards. Required buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. The required buffer yards shall not extend into any portion of an existing or dedicated public or private street or right-of-way.
3. Determination of required buffer yard. To determine the type of buffer yard required on a parcel or between two parcels or between a parcel and a street, the following procedure shall be used:
   1. Identify whether any portion or property line of the site constitutes a zoning district boundary. If it does, determine the zoning on both sides of the property.
   2. Determine whether the land on the adjoining property is vacant or developed or whether a plat of the subdivision has been approved.
   3. Classify any street adjacent to the proposed use as a local, collector, or arterial street.
   4. Determine the buffer yard required on each boundary (or segment thereof) of the subject parcel by referring to the Tables of Required Buffer Yards in Subsection E of this section.
   5. Determine it the proposed development is a use which has buffer yards required to separate that use from certain uses. Then determine the buffer yard required between such uses by referring to the Tables of Required Buffer Yards.
4. Responsibility for buffer yards.
   1. When a proposed use adjoins a vacant parcel for which a buffer yard is required by the presence of a zoning boundary, that use shall provide 0.5 of the Buffer which is required by the Tables of Required Buffer Yards.
   2. The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total buffer yard required between those two uses. If the adjoining use had developed without a buffer yard, the second use will be responsible for installing the total buffer yard.
   3. Existing plant material and/or land located on the preexisting (first developed) land use which meets the requirements of this chapter may be counted as contributing to the total buffer yard required between it and the second (adjacent) land use to develop.
5. Tables of Required Buffer Yards.
   
   Buffer Yards Between Adjacent Districts²
   

   	R-1	R-2	R-3	CBD	C-2	C-3	I-1	PRA	PUD	PBD
   R-1		B1	C1	C	D	E	E	—	C	E
   R-2	B1	—	C1	C	D	E	E	—	B	E
   R-3	C1	C1	—	B	C	D	E	—	A	D
   C-1	C	C	B	—	—	—	B	—	B	A
   C-2	D	C	C	—	—	—	A	—	D	—
   C-3	E	E	D	—	—	—	—	—	D	—
   I-1	E	E	E	B	A	—	—	—	E	—
   PRA	Will be the same as the zone designation assigned
   PUD	C	B	A	B	D	D	E	—	—	D
   PBD	E	E	D	A	—	—	—	—	D	—

   NOTES:
   ¹ Buffer yards only required between single-family attached and multifamily and single-family-detached homes.
   ² See Appendix 1.
   — Indicates buffer yards either not required or not applicable.
   
   Street Buffers
   

   	Functional Class
   Zoning Districts	Arterial	Collector	Local
   R-1, R-2	B	A	—
   R-3, PUD	C	B	A
   CBD	—	—	—
   C-2, C-3, I-1, PBD	B	B	B

6. Buffer yard requirements. Illustrations graphically indicating the specification of each buffer yard are contained in Appendix 1.¹
7. Buffer yard use. A buffer yard may be used for passive recreation or stormwater management. It may contain pedestrian, bike, or equestrian trails provided that no plant material is eliminated, the total width of the buffer yard is maintained, and all other regulations of the ordinance are met. In no event, however, shall swimming pools, tennis courts or other such uses be permitted in buffer yards. The Planning and Zoning Commission may allow substitution or reduction of the buffer yard if it finds that the required buffer yard will obstruct the view of a driver or that the buffer yard is incompatible with the existing streetscape.
8. Ownership of buffer yards. Buffer yards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, the Town of Centreville, or a homeowners' association, provided that any such conveyance adequately guarantees the protection of the buffer yards for the purposes of this chapter.
9. Excess buffer yard. Where the buffer yard required between a land use and vacant land turns out to be greater than that buffer yard which is required between the first use and the subsequently developed use, the following options apply:
   1. The subsequent use may provide 50% of the Buffer required by this section. The existing use may expand its use into the original Buffer area, provided that the resulting total buffer yard between the two uses meets the buffer yard requirements of this section.
   2. The existing use may enter into agreements with abutting landowners to use its existing Buffer to provide some or all on the required buffer yard of both land uses. The total Buffer shall equal the requirements of this section. Provided that such an agreement can be negotiated, the initial use may provide the second use some or or all of its required buffer yard and/or extra land on which it might develop. The existing use may reduce its excess Buffer by transferring part or all of the excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.
10. Contractual reduction of buffer yards. When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced Buffer may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater than a specified land use intensity class; and an agreement by that vacant landowner to assume all responsibility for additional Buffer, if needed by the subsequent development of a less intense use than had been agreed upon.
11. Notwithstanding any other provision of the Zoning Code, when a lot in the R-1 or R-2 Zoning District is to be developed or converted into a new use permitted by right or special exception, other than a single-family detached residence, or the lot is in the R-3 District and is to be developed or converted into any nonresidential use permitted by right or special exception, then the following standards shall apply: [Added 5-6-2021 by Ord. No. 05-2021]
    1. A minimum fifty-foot setback shall be established between any principal structure and any side or rear lot line adjacent to an existing single-family detached residence;
    2. Within the fifty-foot setback, the Planning Commission shall determine the required buffer yard from those that are set forth in Chapter 170, Attachment 1,² of the Town Code considering the proposed use and the adjacent uses;
    3. No parking lot, driveway, or street shall be permitted within the Buffer yard; and
    4. Accessory apartments on lots that are in single-family residential use and the use of an existing single-family house for a bed-and-breakfast establishment or short-term rental are exempt from this requirement.
       

¹ Editor's Note: Appendix 1 is included as an attachment to this chapter.
² Editor's Note: Attachment 1 (Appendix 1, Bufferyard Requirements) is included as an attachment to this chapter.

Nothing in this chapter shall be deemed to prevent the use and operation of the existing railroad lines or associated sidings.

Correctional and detention facilities, jails and related amenities owned and/or operated by county or municipal authorities may be permitted as special exception in any zone.

1. Purpose. The purposes of residential cluster developments are to permit a procedure for development which will result in improved living environments; promote more economical subdivision layout; encourage a variety of types of residential dwellings; encourage ingenuity and originality in total subdivision and individual site design; reduce housing costs; and preserve open space to serve recreational, scenic, and public service purposes, and other purposes related thereto, within the densities established for the cluster net tract area. To achieve these goals:
   1. Variations in areas are permitted in the R-1 Zone.
   2. Procedures are to be established by the development to assure adequate maintenance and restricted use of joint-use facility areas for the benefit of the inhabitants of the subdivisions or for dedication to public use.
2. Approval. No residential cluster development may be constructed except in accordance with a subdivision plat and/or site plan approved by the Planning and Zoning Commission.
3. Uses permitted. Residential use in the R-1 Residential District shall be limited to single-family houses with a minimum lot size of 10,000 square feet and maximum density of three units per acre.
4. Applicability and minimum land areas required. A proposed development shall be eligible for consideration under the provisions of this section only if all of the following requirements are met:
   1. The applicant shall have legal or equitable title to the property or shall otherwise have a legal interest in the real property which is the subject of the application.
   2. The proposed development shall contain a minimum number of contiguous acres located within an R-1 Zone and shall have a minimum tract size of three acres.
   3. The minimum density requirements shall be the same as otherwise required in the district.
5. Lot coverage. Impervious surfaces are surfaces that do not absorb rain, including all buildings, roads, sidewalks, patios, parking areas and any other areas paved in concrete or asphalt. Efforts to minimize impervious surfaces shall be encouraged. Fifteen percent of the site must remain in common open space as set forth in Article IV, § 170-46.
6. Site design principles. Conventional siting practices as specified in the site plan review provisions of this chapter, such as the setback and orientation of buildings in relation to lot lines, streets and other buildings, may be varied to produce attractive and interesting arrangements of buildings, subject to the following general requirements:
   1. Residential structures shall be located and arranged to promote privacy for residents within the development and to maintain privacy for residents adjacent to the development.
   2. Residential and other structures shall be set back by a distance sufficient to protect the privacy of adjacent existing uses consistent with buffer yard requirements outlined in this section.
   3. Residential and other structures shall be located and arranged in a manner to avoid areas which have significant development limitations (e.g. wet soils, steep slopes, flood hazard areas, etc.)
   4. The natural features analysis of the site shall be a major factor in determining the location of residential structures, location of proposed roads and other site improvements. Particular attention shall be given to protection of tidal and nontidal wetlands, fish spawning areas, rare, threatened or endangered species habitat, and other ecologically significant features.
   5. Residential structures shall be located and sited to facilitate pedestrian and visual access to common open space whenever possible.
   6. All structures shall be erected in such configurations so as to permit ready access by emergency vehicles.
   7. Shared off-street parking areas and driveways may be permitted for up to three single-family units, pursuant to Article IV, § 170-32 of this chapter, and shall be located and designed to provide direct access to a local Town street.
   8. The usability of cluster open space intended for recreation or public use shall be determined by the size, shape, topographic and location requirements of the particular purpose proposed for the site.
   9. Cluster open space shall include irreplaceable natural features located in the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, and water access).
   10. Cluster open space intended for a recreation or public use shall be easily accessible to pedestrians.
   11. Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationships between development and the land.
   12. Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view from buildings, and to lessen area developed to motor vehicle access.
   13. Individual lots, buildings, units and parking areas shall be situated to avoid the adverse effects of shadows, noise, and traffic on the residents of the site.
7. Tree conservation and landscaping.
   1. Existing trees shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured diameter at breast height) shall be given high priority in determining the location of open space, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed whenever possible.
   2. Where extensive natural tree cover and vegetation does not exist, landscaping shall be provided to enhance the appearance of the development, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units.
8. Bond for improvements. Prior to the issuance of a building permit, there shall be delivered by the owner or developer some form of surety acceptable to the Town in an amount as specified by the Town Manager, which shall be submitted with the site plan, in the same fashion as described in Chapter 138, Subdivision Regulations, which surety shall secure an agreement to construct such required physical improvements as identified in the proposed plan of development.
   

1. Intent. Common open space (spaces designed and intended for the use and enjoyment of all residents of the development) may contain such complementary structures, improvements as are necessary and appropriate for the use, benefit and enjoyment of residents of the development. Open space provided for the purpose of protection of existing site features may include areas in wetlands.
2. General requirements.
   1. Common open space areas shall be exclusive of parking lots and road rights-of-ways.
   2. Common open space may serve recreational purposes, preserve significant site features, and preserve productive farmland. The uses authorized shall be appropriate to the purposes intended to be served. Open space designed to serve recreational purposes shall be appropriate to the scale and character of the cluster development, considering its size, density, expected population, and the number and type of dwelling units proposed.
   3. Ownership of open space shall be handled in the following manner:
      1. If joint use facilities are not dedicated to public use, they shall be protected by legal arrangements, satisfactory to the Planning and Zoning Commission, sufficient to assure their maintenance and preservation for whatever purpose they are intended. Covenants or other legal arrangements shall specify ownership of the open space, method of maintenance, maintenance taxes and insurance, compulsory membership and compulsory assessment provisions and guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Planning and Zoning Commission.
      2. Unless the Planning and Zoning Commission finds that the size, location, type of development, or cost of development or maintenance of such open space, or the availability of public open space would make public use desirable and necessary, cluster open space shall not be made available for the use of all residents of Centreville. The Planning and Zoning Commission generally will require dedication of all areas indicated for acquisition in the Town's Comprehensive Plan.
   4. The developer shall ensure that the common open space and improvements not dedicated and accepted for public ownership are maintained and cared for, and the developer shall provide for and establish an organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures:
      1. The organization shall be established by the developer before sale or rental of dwelling units in the development, and prior to final approval of the development plan by the Planning and Zoning Commission.
      2. The financial and organizational structures, rules of membership, and methods of cost assessment of the organization shall be devised to ensure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization.
      3. The organization responsible for maintenance, preservation, and improvement of common open space lands and all property owners within the development shall be permitted to participate in such organization.
      4. Areas set aside to meet the open space requirements hereof shall be adequately described. Instruments in the form of deed restrictions and/or covenants shall be provided to ensure the purpose for which the open space is provided will be achieved. Said instruments shall be approved by the Town Manager and Town Attorney prior to recordation among the Land Records of Queen Anne's County.
         

1. General. The purpose of the site plan is to assure detailed compliance with applicable provisions of this chapter and to prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only in accordance with all the specifications contained on an approved site plan and shall not be undertaken until the site plan is approved and all the required construction permits have been obtained subsequent to such approval.
2. Approving authority. [Amended 2-21-2008 by Ord. No. 02-2008]
   1. Site plans shall be required for all single-family cluster, multifamily dwellings, nonresidential buildings and developments, and mobile home parks. Site plans shall also be required in the Critical Area Overlay District for water-dependent uses, except private piers.
   2. All site plans for developments referred to above shall be prepared and submitted as described below and approved by the Centreville Planning and Zoning Commission.
3. Information required to be included in the site plan. [Certain information is only required for developments in the Critical Area Overlay Zone. That information is followed by this denotation: (CA only)].
   1. An area or vicinity map at a scale of not smaller than one inch equals 2,000 feet and showing such information as the names and numbers of adjoining roads, streams, bodies of water, railroads, subdivisions, election districts, or other landmarks sufficient to clearly identify the location of the property.
   2. A boundary survey plat of the entire site at a scale not smaller than one inch equals 100 feet unless otherwise specified by the Planning and Zoning Commission showing the following:
      1. Existing topography at two- or five-foot contour intervals.
      2. Slopes in excess of 15% (CA only).
      3. Existing and proposed regraded surface of the land.
      4. Location of natural features such as streams, major ravines, drainage patterns, within the area to be disturbed by construction and the location of trees measuring greater than 12 inches in diameter to be retained.
      5. Floodplain boundaries (one-hundred-year).
      6. Location and areal extent of all soils with septic limitations; wet soils; hydric soils; and soils with hydric properties as shown on the County Soil Survey (CA only).
   3. A detailed drawing showing:
      1. Location, proposed use, and height of all buildings (delineate all existing buildings and structures);
      2. Location of all parking and loading areas with ingress and egress drives thereto;
      3. Location of outdoor storage (if any);
      4. Location and type of recreational facilities (if any);
      5. Location of all existing or proposed site improvements, including storm drains, culverts, retaining walls, fences, stormwater management facilities as well as any sediment and erosion control structures (information on shore erosion shall include the existing shoreline management designation as shown on the Town of Centreville Critical Area Program Map, existing structures, their condition, and areas for proposed structural and nonstructural controls, shown on the boundary survey plat, at a scale of at least one inch equals 100 feet);
      6. Description, method, and location of water supply and sewerage disposal facilities;
      7. Location, size, and type of all signs;
      8. The location, size, and type of vehicular entrances to the site;
      9. The location of the Critical Area District boundary, the Buffer and other Buffer areas, open space areas, and forested areas;
      10. The location of all Habitat Protection Areas (CA only);
      11. The location of all contiguous forested areas adjacent to the site that are linked to forested areas on the development site, i.e., hedgerows, forest patches or other wildlife corridors (CA only);
      12. The location of agricultural fields, barren lands, pasture, etc.
      13. The location of tidal and nontidal wetlands on the site;
      14. The location of existing water-dependent facilities on and adjacent to the site, including the number of existing slips and moorings on the site (CA only);
      15. The location and extent of existing and/or proposed erosion abatement approaches;
      16. The location of anadromous fish spawning stream(s) on or adjacent to the site and a delineation of the watershed area of the stream on the site (CA only); and
      17. A detailed drawing locating shore erosion abatement techniques to the included with the site plan (CA only).
      18. Elevations, which indicate the exterior appearance and materials to be used in each structure within the site plan. [Added 4-5-2007 by Ord. No. 1-07]
   4. Computations of:
      1. Total lot area;
      2. Building floor area for each type of proposed use;
      3. Building coverage in percentage;
      4. Road area;
      5. Number and area of off-street parking and loading spaces;
      6. Total site area in the Critical Area District (CA only);
      7. Total man-caused impervious surfaces areas and the percentage of site these occupy;
      8. Separate computations of the total acres of existing forest cover in the Buffer and in the Critical Area (CA only);
      9. Proposed agricultural open space areas;
      10. Proposed forest open space areas; and
      11. Total area of the site that will be temporarily disturbed during development and the total area that will be permanently disturbed. "Disturbed" is defined as any activity occurring on an area which may result in the permanent loss of or damage to existing natural vegetation (CA only).
   5. Commercial or industrial uses must include:
      1. Specific uses proposed;
      2. Maximum number of employees for which buildings are designed;
      3. Type of energy to be used for any manufacturing processes;
      4. Type of wastes or by-products to be produced by any manufacturing process;
      5. Proposed method of disposal of such wastes or by-products; and
      6. Location of outdoor lighting facilities.
   6. In addition to the information above, site plans shall be accompanied by the following:
      1. A Forest Management Plan including the comments of the Bay Watershed Forester (CA only);
      2. A Habitat Protection Plan including the comments of the Maryland Forest, Park and Wildlife Service (CA only);
      3. An executed cooperator's agreement with the Soil Conservation District or Farm Plan, as applicable (CA only);
      4. A Stormwater Management Plan;
      5. A Sediment and Erosion Control Plan;
      6. A Planting Plan, as required; and
      7. An Environmental Assessment Report which provides a coherent statement of how the proposed development addresses the goals and objectives of the Centreville Critical Area Program (CA only). At a minimum the environmental assessment shall include:
         1. A statement of existing conditions, e.g., the amount and types of forest cover, the amount and type of wetlands, a discussion of existing agricultural activities on the site, the soil types, the topography, etc;
         2. A discussion of the proposed development project, including number and type of residential units, amount of impervious surfaces, proposed sewer treatment and water supply, acreage devoted to development, proposed open space and habitat protection areas;
         3. A discussion of the proposed development's impacts on water quality and Habitat Protection Areas; and
         4. Documentation of all correspondence and findings.
   7. Other information as requested by the Town.
4. Procedure for preparation.
   1. Site plans shall be prepared and certified by an engineer, architect, landscape architect, or land surveyor duly registered to practice in the State of Maryland or equivalent certification.
   2. All site plants shall clearly show the information required by this section.
   3. If such plans are prepared in more than one sheet, match lines shall clearly indicate where the several sheets join, and an index sheet shall be required.
   4. Every site plan shall show the name and address of the owner and developer, the election district, North point, date, scale of the drawing, and the number of sheets. Five clearly legible copies of all site plans shall be submitted to the Centreville Planning and Zoning Commission (which may require that additional copies be provided when necessary).
5. Procedure for processing.
   1. Upon receipt of the site plan, the Zoning Administrator shall conduct a review by the Technical Advisory Committee (TAC) which consists of appropriate technical advisors and other departments, agencies, and officials as he/she may deem appropriate.
   2. The site plan shall be approved if it meets the requirements of this section, the other requirements of this chapter and, all other federal, state, and Town regulations and when all necessary permits and approvals have been obtained.
   3. Where the submission of a site plan for a proposed use or development activity is required under this section, the applicant needs to effectively demonstrate that the following requirements are met, and the site plan shall not be approved unless:

   a.  The site plan meets the design principles and standards and required improvements set forth in this Ordinance, the Town Comprehensive Plan, the Town of Centreville Subdivision Regulations, and other ordinances, regulations, and policies established by the Town of Centreville;

   b. The site plan avoids or minimizes adverse impacts upon features (whether on- site or off-site) of historical, cultural or ecological significance;

   c. The proposed use or development activity will further enhance pedestrian, bicycle, and transit/automobile accessibility and Americans with Disabilities Act (ADA) Accessibility and not substantially increase traffic hazards due to traffic generated by the proposed use, the location of curb cuts, the layout of internal traffic circulation and its overall access to the transportation network;    

   d. The site plan and the proposed use or uses do not cause any adverse impact upon the health or safety of persons residing or working in the area surrounding the site or upon the character of the neighborhood surrounding the site; and

   e. The site plan improves the water quality of the Chesapeake Bay or its tributaries.

   4. The Planning and Zoning Commission shall approve, conditionally approve, or reject a site plan.
   5. Notice of such action shall be given in writing to the applicant.
6. Construction of required improvements.
   1. Upon receipt of the site plan, the applicant shall then secure the necessary construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the Planning and Zoning Commission.
   2. After construction has been completed, inspection of site improvements shall be made by those departments specified by the applicable requirements.
   3. The installation of improvements shall not bind the Town to accept such improvements or the maintenance, repair and operation thereof; said improvements shall be in addition to (and not in lieu of) any other legal requirements.
7. Expiration and extension. Approval of site plans shall be for a one year period and shall expire at the end of that period unless building construction has begun. Upon written request by the applicant, within 90 days of the expiration of said approval, a one-year extension may be given by the Planning and Zoning Commission. Such request shall be acknowledged, and a decision rendered thereupon.
   

1. Upon determination by the Zoning Inspector, a simplified site plan shall be filed for a single-family dwelling, an accessory building, an addition to or change of use of a nonresidential structure, or for a special exception use which does not require a building permit, in those cases where a field inspection indicates that the scope of the proposed accessory building, addition, or special exception use is of such a nature that the provisions for the handling of natural and stormwater, sediment control, off-street parking, setbacks, water and sewerage, and other requirements can be adequately addressed with a simplified site plan. Except as provided below, said simplified site plan shall be approved by the Zoning Administrator. At the Zoning Administrator's sole discretion, the Zoning Administrator may forward a simplified site plan to the Planning and Zoning Commission, in which case the Planning and Zoning Commission shall approve, conditionally approve, or reject the simplified site plan. [Amended 2-21-2008 by Ord. No. 03-2008]
2. The simplified site plan shall contain at a minimum the following information:
   1. Accurate sketch of the lot drawn to scale.
   2. Present record owner of the property.
   3. Location and size of the vehicular entrance to the site.
   4. Water and sewer facilities, if required.
   5. Location of parking area and number of stalls required.
   6. Location, dimensions, height, and setbacks of all existing and proposed buildings.
   7. Proposed use of a structural addition or building.
   8. For single-family dwellings, existing and proposed drainage patterns.
3. Any or all of the required information may be waived if the Zoning Administrator finds that it is not needed to make a determination of zoning compliance.
   

1. Commercial property exterior lighting and light fixtures shall be designed, installed, and arranged in a manner to minimize the impact of the light emitted by such lighting or light fixtures on adjacent properties, including, but not limited to, public streets and rights-of-way.
2. Flashing, strobe, revolving or intermittent exterior lights are not permitted.
3. Flashing, strobe, revolving, or intermittent interior lights are not permitted within any commercial building if the light emitted by any such light fixture is visible from the building exterior.
4. The prohibitions established by this section shall not apply to:
   1. Temporary seasonal or holiday decorative lighting.
   2. Temporary emergency lighting.
      

[Added 12-2-1999 by Ord. No. 0-01-99]

1. Small cell facilities may be installed on an existing building or rooftop of such building, provided it is integrated into the design and color of the building. Installations mounted on buildings or rooftops shall be oriented to limit visibility from the street without compromising the functionality of the installation, including screening, stealthing, or camouflaging where appropriate. For building and rooftop installations, the equipment cabinet may be mounted inside the building, on the rooftop, on the building, or on the ground, provided it is either screened from view or integrated into the design and color of the building. Installations shall not be installed on single-family attached, single-family detached, two-family, duplex, multifamily, or semi-detached homes, nor installed any closer than 50 feet from such structures.
2. Small cell facilities may be installed on freestanding light poles or other poles on private property. Any installation within a public road, public right-of-way or public utility easement shall be subject to the provisions set forth in Article III of Chapter 134 of the Code of the Town of Centreville. For any proposed installation on an existing pole, the applicant shall provide evidence that the pole has adequate structural capacity to carry the additional loading from the proposed installation. If located on a new or existing pole, such pole may not exceed a height of: 50 feet in an industrial zoning district, 20 feet in a residential zoning district, and 30 feet in any commercial or any other zoning district.
3. On any lot in a residential zoning district, a pole-mounted installation shall to the fullest extent possible be set back from view from adjoining properties and the public right-of-way and shall only be allowed rearward of the principal building on such lot and shall not be located in any required side yards.
4. In residential areas, no installation may be located on public or private property within a radius of 300 feet of another installation, including any such installation located in a public right-of-way, except in the case of a cluster installation that does not result in a substantial increase in size. In no case may more than four antennas be clustered on a single pole in a residential area.
5. Any pole over 30 feet in height must allow for co-location by future or concurrent applications for the installation of wireless telecommunications facilities. The applicant must demonstrate that the design of the pole and antenna support and the placement of ground-mounted facilities will accommodate one or more other wireless telecommunications facilities. The owner of the pole and antenna support must certify that the antenna support is available for use by another future or concurrent applicant for the installation of wireless telecommunications facilities on a commercially reasonable and nondiscriminatory basis. The equipment cabinet for such installations may be mounted on the pole or on the ground, and if located on the ground in any residential zoning district and in the Central Business District (CBD) and taller than four feet (including any support structure), it shall be faced with a building material compatible with the structures in its surroundings and it shall be surrounded by native vegetative landscaping or other landscaping treatment providing screening of at least three feet in height. The Zoning Administrator shall determine compliance with the screening requirements of this subsection.
6. Notwithstanding any provision of this Chapter 170 of the Code to the contrary, the Zoning Administrator shall determine the required setback for any installation on a case-by-case basis upon a finding that the setback required is that which will achieve the maximum in safety and aesthetics given its location and potential impact to surrounding properties or the district in general.
7. No lights or other illumination devices other than security lights are permitted on any small cell facility, unless required by the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA") or the Town. If security lighting is required, it shall not be permitted to be installed any higher than 18 feet from grade, unless required by the FCC, FAA, or the Town. Any security lighting must be downshielded to prevent light pollution on adjoining properties. Notwithstanding anything in this section to the contrary, a small cell facility may be installed on an existing or proposed light pole or other type of pole or structure that incorporates lighting for a purpose other than that related to the small cell facility.
8. There shall be no advertising or other signage on any portion of a small cell facility except that each installation must be identified by a permanently installed plaque or marker no larger than four by six inches which clearly states the mailing address, email address, and twenty-four-hour local or toll-free telephone number for reaching a live contact person for both the permittee and the agent responsible for the maintenance of the facility. Emergency contact information must be included for immediate response; such information must be updated in the event of a change in permittee, the agent responsible for maintenance of the facility, or both.
9. Every small cell facility (including all associated appurtenances) must be removed at the cost of the owner of the facility when the telecommunications facility is no longer in use by any telecommunications carrier. The owner shall have 90 days to remove the small cell facility following the date on which the owner's use of the small cell facility ceases. The owner shall provide financial surety in a form and amount acceptable to the Town to secure payment of 125% of the cost of removal of the small cell facility and all associated appurtenances if the use is discontinued.
10. Any new light pole erected for purposes of mounting a small cell facility shall be designed consistent with other existing light poles within the surrounding area; other types of new poles shall not be permitted to be installed for purposes of mounting a small cell facility.
11. Small cell facilities shall not interfere with public safety telecommunications. Any application for building and/or use and occupancy permit for a small cell facility shall be accompanied by an intermodulation study which provides a technical evaluation of all proposed transmissions and indicates all potential interference problems. Prior to the introduction of any new service, the owner/operator shall provide the Town at least 10 calendar days' written notice to the Town Manager in advance of such service and allow the Town to monitor interference levels during the testing process.
12. Use of backup power sources. The use of diesel generators or other backup power sources shall be limited to actual power-outage events and any operation necessary for testing and maintenance. Permanent or continuous use of backup power sources is prohibited.
13. In addition to any other requirements for a zoning permit, building permit, and/or use and occupancy permit for a small cell facility, as part of the application, the applicant shall provide the following:
    1. A report from a qualified and licensed professional engineer that describes the small cell facility design, including cross sections and elevations; documents the height above grade for the small cell facility and potential mounting positions for co-located antennas (if any) and the minimum separation distances between antennas; describes the location of the small cell facility, including the number of additional antennas that can be accommodated (if any); documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; includes architectural renderings of the small cell facility illustrating what it will look like at the proposed location and from various vantage points, as may be required by the Zoning Administrator.
    2. The applicant shall specify whether the application is subject to any Federal Communications Commission application requirements or federal or state law, and if so, identify the law and the applicable requirements.
    3. The applicant shall provide proof that it is a licensed provider and will comply with all federal, state, and Town laws and regulations, including those relative to wireless service.
    4. A master report plan of applicant's current proposed communication network, including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and co-location sites.
    5. The application shall include the number of potential co-location sites on the proposed small cell facility.
    6. The applicant shall provide a safety report demonstrating that the structure can safely accept installation of the antennas and additional communication facilities.
    7. If the applicant is not the owner of the property, the applicant shall provide proof of permission from the owner.
    8. The applicant shall provide any other information reasonably required by the Zoning Administrator to evaluate the request.
       

[Added 3-21-2019 by Ord. No. 03-2019¹]

¹ Editor’s Note: This ordinance also redesignated former §§ 170-50 through 170-68 as §§ 170-52 through 170-70, respectively.

1. It must be demonstrated that the location of a telecommunications tower is required for a specific antenna or antennas. No telecommunications tower shall be constructed for speculative reasons.
2. It must be demonstrated that an attempt has been made to locate the antenna on an existing tower or another suitable structure.
3. Telecommunications towers shall be located a minimum distance from any property line equal to the height of the tower plus 10 feet.
4. It must be demonstrated that any telecommunications tower is in compliance with all federal regulations (FAA, FCC) prior to the Board of Appeals approval of a telecommunications tower.
5. Telecommunications towers shall be no taller than necessary to ensure the effective service for the relevant service area, but in no case shall the telecommunications tower exceed 50 feet in height, and the tower shall be self-supporting.
6. Telecommunications towers should be designed to accommodate as many co-located antennas as feasible.
7. Buffer screen yards as per the provisions of § 170-42 shall be provided surrounding any telecommunications tower structure and any accessory equipment building and such landscaping buffer shall include evergreen species with a mature height of not less than the height of any accessory building and/or fencing.
8. To the extent possible while maintaining the requisite functionality of the telecommunications tower, telecommunications towers shall be positioned on a site so as to minimize the visual impacts of the telecommunications tower from all public streets. To accomplish this, a telecommunications tower should generally be buffered by buildings, landscaping and/or other site features. Telecommunications towers shall also be designed to minimize adverse visual and environmental impact (e.g., paint, camouflage, screening, stealth technology, concealed towers, color, use of existing structures and natural landscape, etc.). All equipment shelters shall be maintained in neutral shades consistent with the natural landscape.
9. No lights or other illumination devices other than security lights are permitted on any telecommunications tower, unless required by the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA"), or the Town. If security lighting is required, it shall not be permitted to be installed any higher than 18 feet from grade, unless required by FCC, FAA, or the Town. Any security lighting must be downshielded to prevent light pollution on adjoining properties.
10. There shall be no advertising or other signage on any portion of a telecommunications tower except that each telecommunications tower must be identified by a permanently installed plaque or marker no larger than four by six inches which clearly states the mailing address, email address, and twenty-four-hour local or toll-free telephone number for reaching a live contact person for both the permittee and the agent responsible for the maintenance of the Telecommunciations Tower. Emergency contact information must be included for immediate response; such information must be updated in the event of a change in permittee, the agent responsible for maintenance of the telecommunications tower, or both.
11. The telecommunications tower shall be removed by the owner and at the owner's sole cost and expense when the telecommunications tower is no longer used by any wireless communication carrier for more than 12 months. The owner shall provide financial security in a form and amount acceptable to the Town to secure payment of 125% of the cost of removal of the telecommunications tower, base, foundation to six feet below ground level and accessoary structures if the telecommunciations tower's use is discontinued for more than 12 months.
12. Telecommunications towers shall not interfere with public safety telecommunications. Any application for site plan approval and/or a building permit for a telecommunications tower shall be accompanied by an intermodulation study which provides a technical evaluation of all proposed transmissions and indicates all potential interference problems. Prior to the introduction of any new service, the owner/operator shall provide the Town at least 10 calendar days' written notice to the Town Manager in advance of such service and allow the Town to monitor interference levels during the testing process.
13. Nothing in these regulations is intended to supersede applicable federal or state law. In the event that the regulations set forth in this § 170-51 conflict with such laws, the applicable state and/or federal laws shall apply.
14. In addition to the requirements contained herein and the standards for a special exception set forth in § 170-59, prior to granting a special exception for a telecommunications tower, the Board of Appeals must find the following:
    1. The proposed telecommunications tower will not endanger the health and safety of residents, employees or travelers, including, but not limited to, the likelihood of the failure of such structures.
    2. The proposed telecommunications tower will not substantially impair the use of, or prove detrimental to, neighboring properties, considering, among other relevant factors:
       1. The topography and elevation of the property on which such structure is proposed to be located and the appearance and visibility of such structure from neighboring and surrounding properties and from public rights-of-way; and
       2. The location of surrounding residences, buildings, structures and public rights-of-way and their use.
    3. The character of the surrounding neighborhood and the Centreville Community Plan's recommendations for the ultimate use of surrounding properties.
    4. The likelihood of interference with existing radio, television, telephone, wireless or microwave reception or service.
    5. The proposed structure will not cause any objectionable noise, fumes, odors, glare, physical activity or effect that would impair the peaceful enjoyment of neighboring properties.
    6. The proposed structure and use will be in harmony with the general character of the neighborhood.
    7. The location selected is not in an area in which there is an overconcentration of freestanding monopoles, towers or seminal structures.
15. In addition to any other requirements, an application for a telecommunications tower shall include the following:
    1. The applicant shall specify whether the application is subject to any Federal Communications Commission application requirements or federal or state law, and if so, identify the law and the applicable requirements.
    2. The applicant shall specify whether the application is subject to Federal Aviation Administration (FAA) approvals, and if so, the applicant shall identify the law and the applicable requirements (e.g., FAA Form 7460-1, Notice of Proposed Construction or Alteration).
    3. The applicant shall provide proof that it is a licensed provider and will comply with all federal, state, and Town laws and regulations, including those relative to wireless service.
    4. A master report plan of applicant's current proposed communication network, including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and co-location sites.
    5. The application shall include the number of potential co-location sites on the proposed wireless communications tower.
    6. The applicant shall provide a safety report demonstrating that the structure can safely accept installation of the antennas and additional communication facilities.
    7. A report from a qualified and licensed professional engineer that describes the tower design, including cross sections and elevations; documents the height above grade for the tower and potential mounting positions for co-located antennas (if any) and the minimum separation distances between antennas; describes the location of the tower, including the number of additional antennas that can be accommodated (if any); documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; includes architectural renderings of the tower illustrating what it will look like at the proposed location and from various vantage points, as may be required by the Zoning Administrator.
    8. The applicant shall provide any other information reasonably required by the Zoning Administrator to evaluate the request.

[Added 3-21-2019 by Ord. No. 03-2019]