Denton City Zoning Code
ARTICLE IV
Special Districts.
§ 128-18 Regulation and applicability; general requirements; accommodations.
A.
The Town Critical Area Program - The Town of Denton Critical Area Program consists of the Chapter 128 Denton Zoning Ordinance and the Official Critical Area map(s).[1] Related provisions may be found in Chapter 73, Land Subdivision.
[1]
Editor's Note: The Official Critical Area Map(s) are on file in the Town offices.
B.
Regulated activities and applicability. Any applicant for a permit or license to pursue activities within the Critical Area, including, but not limited to, development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and drain field, operation of a waste collection or disposal facility, operation of a commercial or private marina or other water-related commercial or industrial operation (whether public or private), mining (whether surface or subsurface) or quarrying, farming or other agriculture-related activities, shall have such permits or licenses issued by the duly appointed local approving authority after review to determine compliance with Chapter 128 and any related development provisions found in Chapter 73 Land Subdivision.
C.
Critical Area Overlay District Map.
(1)
The Official Critical Area Overlay District Map is maintained in force as part of the Official Zoning Map for Denton. The Official Critical Area Map delineates the extent of the Critical Area Overlay District that shall include:
(a)
All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide, and all state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland; and
(3)
The Critical Area Overlay District Map may be amended by the Town Council in compliance with amendment provisions in this article, the Maryland Critical Area Law, and COMAR Title 27, as amended from time to time.
D.
Notification of project approval. The Town shall send copies of applications for all developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27.03.01.04 to the Critical Area Commission for review and comment.
(1)
The application shall be accompanied by a completed "Project Notification Application" form downloaded from the Critical Area Commission's website.
(2)
The Town may not process an application that has been sent to the Critical Area Commission for notification until it has received notice of receipt by the Critical Area Commission or prior to the close of the fifth business day, whichever comes first. The Town may contact the Critical Area Commission to verify receipt.
(3)
Any action by the Town in violation of these procedures shall be void.
Summary of Notification Requirements Critical Area Commission (COMAR 27.03) | ||||
|---|---|---|---|---|
Requires Notification to the Critical Area Commission Yes/No | ||||
Type of Application | IDA | LDA | RCA | |
1. | Disturbance to a Habitat Protection Area | Y | Y | Y |
2. | Physical disturbance to the Buffer (see Note 1) | Y | Y | Y |
3. | Variance from Critical Area provisions | Y | Y | Y |
4. | Development resulting in less than 5,000 square feet of disturbance | N | N | N |
5. | Development resulting in between 5,000 and 15,000 square feet of disturbance | N | N | Y |
6. | Development resulting in greater than 15,000 square feet of disturbance | Y | Y | Y |
7. | Subdivision of 3 lots or fewer | N | N | Y |
8. | Subdivision of 4 to 10 lots | N | Y | Y |
9. | Subdivision of greater than 10 lots | Y | Y | Y |
10. | Subdivision affecting Growth Allocation | N/A | Y | Y |
11. | Intrafamily transfer | N/A | N/A | Y |
12. | Rezoning that would partially within the Critical Area occur wholly or | Y | Y | Y |
13. | Special exception or conditional use for industrial commercial, institutional, non-residential, or multi-family | N | Y | Y |
14. | Substantial alteration to applications previously submitted to the Critical Area Commission | Y | Y | Y |
Note 1: Shoreline stabilization measures and private piers that do not involve disturbance to the Buffer and are not permitted by MDE do not require Critical Area Commission notification. |
E.
General Requirements in all Critical Area Overlay Zones.
(1)
New solid or hazardous waste collection or disposal facilities, or sanitary landfills or rubble fills, including transfer stations, may not be permitted in the Critical Area unless no environmentally preferable alternative exists outside the Critical Area, and these development activities or facilities are needed to correct an existing water quality wastewater management problem. Existing permitted facilities shall be subject to the standards and requirements of the Department of the Environment.
(2)
Development and redevelopment shall be subject to the Habitat Protection Area (HPA) requirements prescribed in Chapter 128.
(3)
Development and redevelopment shall be subject to the water-dependent facilities requirements of Chapter 128.
(4)
(5)
Roads, bridges, and utilities are prohibited in a Habitat Protection Area (HPA) unless no feasible alternative exists. If a road, bridge, or utility is authorized, the design, construction, and maintenance shall:
(6)
All development activities that must cross or affect streams shall be designed to:
(7)
Reasonable accommodations for the needs of disabled citizens.
(a)
An applicant seeking relief from the Critical Area standards contained in this Chapter to accommodate the reasonable needs of disabled citizens shall have the burden of demonstrating by a preponderance of the evidence the following:
(ii)
Literal enforcement of the provisions of this Chapter would result in discrimination by virtue of such disability or deprive a disabled resident or user of the reasonable use and enjoyment of the property;
(iii)
A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this Chapter or restore the disabled resident's or user's reasonable use or enjoyment of the property;
(iv)
The accommodation requested will not substantially impair the purpose, intent, or effect of the provisions of this Chapter as applied to the property; and
(v)
The accommodation would be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation, or other requirements or would allow only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant/appellant.
(b)
The Planning Commission shall determine the nature and scope of any accommodation under this Chapter. It may award different or other relief than requested after giving due regard to the purpose, intent, or effect of this Chapter's applicable provisions. The Planning Commission may also consider the size, location, and type of accommodation proposed and whether alternatives exist that accommodate the need with less adverse effect.
(c)
The Planning Commission may require, as a condition of approval, that upon the termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this Chapter. Appropriate bonds may be collected or liens placed to ensure the Town's ability to restore the property should the applicant fail to do so.
(8)
Where applicable, development and redevelopment shall include mitigation and adaptation measures that address sea level rise, storm surge, precipitation-induced flooding, other extreme weather events, migrating wetlands, and coastal forests, including measures to enhance the climate resiliency of the critical area by identifying, restoring, and creating and conserving existing and projected future natural and nature-based features.
F.
State and local agency projects.
(1)
For all development in the Critical Area resulting from state and local agency projects, the Town of Denton shall comply with the provisions of COMAR 27.02, as amended from time to time. If applicable, consistency reports shall be submitted to the Chesapeake Bay Critical Area Commission.
(2)
The Town of Denton will ensure the equitable distribution of the benefits and burdens of development, restoration, and mitigation within the critical area and equity in the public participation process for identified underserved and overburdened communities within the critical area for all Town projects.
§ 128-19 Intensely Developed Areas (IDA).
A.
The following uses may only be permitted in the IDA after the activity or facility has demonstrated to all appropriate local and State permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:
(1)
Nonmaritime heavy industry;
(2)
Permanent sludge handling, storage, and disposal facilities other than those associated with wastewater treatment facilities. However, agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100-foot Buffer.
B.
Development activities shall be designed and implemented to minimize the destruction of forest and woodland vegetation.
C.
All development and redevelopment activities shall include stormwater management technologies that reduce pollutant loadings by at least 10 percent (10%) below the level of pollution on the site before development or redevelopment as provided in Critical Area 10% Rule Guidance Manual — Fall 2003 and as may be subsequently amended.
D.
New, expanded, or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of IDAs that have been designated as Modified Buffer Areas (MBAs).
§ 128-20 Limited Development Areas (LDA).
A.
Development standards. For all development activities in the Limited Development Areas, the applicant shall identify any environmental or natural feature described below and shall meet all of the following standards:
(1)
If the Department of Natural Resources identifies a wildlife corridor system on or near the site, the following practices are required:
(a)
The applicant shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land on and adjacent to the site;
(b)
The Town will require and approve a conservation easement, restrictive covenant, or similar instrument to ensure the maintenance of the wildlife corridor; and
(c)
A public or private group shall preserve the wildlife corridor.
(2)
Development on slopes of fifteen percent (15%) or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for Limited Development Areas.
(3)
Except as otherwise provided in this subsection, lot coverage is limited to:
(a)
When a site is mapped entirely as LDA, fifteen percent (15%) of the total site;
(b)
When a portion of a lot or parcel is mapped as an LDA, fifteen percent (15%) of that portion of the lot or parcel and
(d)
If a parcel or lot of 1/2 acre or less in size existed on or before December 1, 1985, then lot coverage is limited to twenty-five percent (25%) of the parcel or lot.
(e)
If a parcel or lot greater than 1/2 acre and less than one acre in size existed on or before December 1, 1985, lot coverage is limited to fifteen percent (15%) of the parcel or lot.
(f)
If an individual lot one (1) acre or less in size is part of a subdivision approved after December 1, 1985, then lot coverage may exceed fifteen percent (15%) of the individual lot; however, the total lot coverage for the entire subdivision may not exceed fifteen percent (15%).
(g)
Lot coverage limits provided in Subsection A(3)(d) and (e) above may be exceeded upon findings by the Planning Commission or its designee that the following conditions exist:
(i)
The lot or parcel is legally nonconforming. A lot or parcel legally developed as of July 1, 2008, may be considered legally nonconforming for lot coverage requirements.
(ii)
Lot coverage associated with new development activities on the property has been minimized;
(iii)
For a lot or parcel 1/2 acre or less in size, total lot coverage does not exceed the lot coverage limits in Subsection A(3)(d) by more than twenty-five percent (25%) or five hundred (500) square feet, whichever is greater;
(iv)
For a lot or parcel greater than 1/2 acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection A(3)(e) or 5,445 square feet, whichever is greater;
(v)
The following table summarizes the limits set forth in Subsection A(3)(g)(i) through (iv) above:
Table A(3)(g)(v) Lot Coverage Limits | |
|---|---|
Lot/Parcel Size (square feet) | Lot Coverage Limit |
0 to 8,000 | 25% of the parcel plus 500 square feet |
8,001 to 21,780 | 31.25% of parcel |
21,780 to 36,300 | 5,445 square feet |
36,301 to 43,560 | 15% of a parcel |
(h)
If the Planning Commission or its designee makes the findings set forth in Subsection A(3)(g) above and authorizes an applicant to use the lot coverage limits set forth in that subsection, the applicant shall:
(i)
Demonstrate that water quality impacts associated with runoff from the development activities that contribute to lot coverage have been minimized through site design considerations or the use of best management practices to improve water quality and
(ii)
Provide on-site mitigation in the form of plantings to offset potential adverse water quality impacts from the development activities resulting in new lot coverage. The plantings shall be equal to two times the area of the development activity.
(iii)
If the applicant cannot provide appropriate stormwater treatment and plantings due to site constraints, then the applicant shall pay a fee to the Town in lieu of performing the on-site mitigation. The fee amount shall be $1.50 per square foot of the required mitigation.
(4)
The alteration of forest and developed woodlands shall be restricted and mitigated as follows:
(a)
The total acreage in forest and developed woodlands within the Town in the Critical Area shall be maintained or preferably increased;
(b)
All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis;
(c)
If an applicant is authorized to clear more than twenty percent (20%) of a forest or developed woodlands on a lot or parcel, the applicant shall replace the forest or developed woodlands at 1.5 times the areal extent of the forest or developed woodlands cleared, including the first twenty percent (20%) of the forest or developed woodlands cleared.
(d)
An applicant may not clear more than thirty percent (30%) of a forest or developed woodlands on a lot or parcel unless the Board of Appeals grants a variance and the applicant replaces forest or developed woodlands at a rate of three (3) times the areal extent of the forest or developed woodlands cleared.
(e)
If an applicant is authorized to clear any percentage of forest or developed woodlands associated with a subdivision or site plan approval, the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments approved by the Town.
(5)
The following are required for forest or developed woodlands clearing as required in Subsection A(4) above:
(a)
The applicant shall ensure that any plantings that die within twenty-four (24) months of installation shall be replaced. A performance bond in an amount determined by the Town shall be posted to assure satisfactory replacement and plant survival;
(b)
A permit is issued by the Town before forest or developed woodlands are cleared. Clearing forests and developed woodlands before obtaining a Town permit is a violation; any forests and developed woodlands cleared before obtaining a Town permit shall be replanted at three (3) times the areal extent of the cleared forest or developed woodlands;
(c)
Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection A(4) above shall be replanted at three (3) times the areal extent of the cleared forest or developed woodlands;
(d)
If the areal extent of the site limits the application of the reforestation standards in this section, the applicant may be allowed to plant off-site at the required ratio or pay a fee in lieu of planting at a rate of $1.50 per square foot.
(6)
If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodlands cover of at least fifteen percent (15%).
(7)
All forests, including afforested areas, shall be maintained through conservation easements, restricted covenants, or other protective instruments.
(8)
New, expanded, or redeveloped industrial facilities may only be permitted in LDA if such use is permitted in the underlying zoning district and provided such facilities meet all requirements for development in the LDA.
B.
Process. Prior to commencing a development activity on a site in a Limited Development Area, the applicant shall follow the following process:
(1)
The applicant shall conduct a site-specific field investigation to identify forest areas, specimen trees, streams, wetlands, sensitive environmental areas, and rare, threatened, or endangered species habitats that may be present. Forested areas and specimen trees shall be identified and shown on all site development and subdivision plans in order to ensure that appropriate protection measures are implemented.
(2)
The applicant shall prepare a plan clearly showing the limits of disturbance for the project and forested areas to be conserved. The applicant shall show appropriate temporary tree protection devices, including fencing, signs, berms, etc., necessary to protect existing trees and forests.
(3)
For projects that involve clearing or require afforestation, the location of afforestation and reforestation areas shall be clearly shown on a planting plan that will include all specifications for implementing the planting and include a construction sequence and proposed maintenance and monitoring agreement.
(4)
The Town shall monitor afforestation and reforestation areas for two (2) years following completion of the project, and the developer will be responsible for replacing any trees or plantings that do not survive and are necessary to maintain compliance with the site plan and/or planting plan.
§ 128-21 Resource Conservation Areas (RCA).
A.
Development standards. For all development activities and resource utilization in the Resource Conservation Areas, the applicant shall meet all of the following standards:
(1)
Land use management practices shall be consistent with the policies and criteria for the Habitat Protection Area provisions of this article.
(2)
Land within the Resource Conservation Area may be developed for residential uses at a density not to exceed one (1) dwelling unit per twenty (20) acres. The Town may not grant a variance to this density restriction per COMAR 27.01.02.05.C(4).
(3)
Development activity within the RCAs shall be consistent with the requirements and standards for LDAs as specified in this Chapter. For the purposes of calculating limitations on lot coverage, it is as follows:
(4)
Nothing in this section shall limit the ability of a participant in any agricultural easement program to convey real property impressed with such an easement to family members, provided that no such conveyance will result in a density greater than one (1) dwelling unit per twenty (20) acres.
B.
Process. Prior to commencing a development activity on a site in a Resource Conservation Area, the applicant shall follow the following process:
(1)
The applicant shall conduct a site-specific field investigation to identify forest areas, specimen trees, streams, wetlands, sensitive environmental areas, and rare, threatened, or endangered species habitats that may be present. Forested areas and specimen trees shall be identified and shown on all site development and subdivision plans in order to ensure that appropriate protection measures are implemented.
(2)
The applicant shall prepare a plan clearly showing the limits of disturbance for the project and forested areas to be conserved. The applicant shall show appropriate temporary tree protection devices, including fencing, signs, berms, etc., necessary to protect existing trees and forests.
(3)
For projects that involve clearing or require afforestation, the location of afforestation and reforestation areas shall be clearly shown on a planting plan that will include all specifications for implementing the planting and include a construction sequence and proposed maintenance and monitoring agreement.
(4)
The Town shall monitor afforestation and reforestation areas for two (2) years following completion of the project, and the developer shall be responsible for replacing any trees or plantings that do not survive and are necessary to maintain compliance with the site plan and/or planting plan.
C.
Density. Land within the RCA may be developed for residential uses at a density not to exceed one (1) dwelling unit per twenty (20) acres. The Town may not grant a variance to this density restriction per COMAR 27.01.02.05.C(4). In calculating the 1-in-20-acre density of development that is permitted on a parcel located within the RCA, the Town:
(1)
Shall count each dwelling unit; and
§ 128-22 Land use.
A.
Permitted uses.
(1)
Permitted uses in the Critical Area shall be limited to those uses allowed by the underlying zoning classification as modified by Table A(1) and the supplemental use standards in § 128-23, provided such uses meet all standards established by the Critical Area Overlay Zone.
Table A(1) Permitted Uses | ||||
|---|---|---|---|---|
LEGEND: P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district NP = Not Permitted | ||||
Land Use Management Designation | ||||
Item | Use Description | IDA | LDA | RCA |
1.00 | RESIDENTIAL | |||
1.10 | Accessory dwelling unit | P | P | PC |
2.00 | INSTITUTIONAL | |||
2.10 | Existing institutional uses | P | P | PC |
2.20 | New institutional uses | P | P | NP |
2.30 | Cemetery | P | P | PC |
2.40 | Group home | P | P | PC |
2.50 | Daycare | P | P | PC |
3.00 | COMMERCIAL | |||
3.10 | Existing commercial uses | P | P | PC |
3.20 | New commercial uses | P | P | NP |
3.30 | Home occupation | P | P | PC |
3.40 | Bed-and-breakfast facility | P | P | PC |
4.00 | MARITIME/WATER DEPENDENT | |||
4.10 | Expansion of existing commercial marinas | P | P | PC |
4.20 | New marina, commercial | P | P | NP |
4.30 | Community piers and noncommercial boat docking and storage | P | P | PC |
4.40 | Public beaches and public water-oriented recreational and educational areas | P | P | PC |
4.50 | Research areas | P | P | PC |
4.60 | Fisheries activities | P | P | P |
4.70 | Private pier | P | P | P |
5.00 | RECREATION | |||
5.10 | Golf course | P | P | PC |
6.00 | INDUSTRIAL | |||
6.10 | Existing industrial uses | P | P | PC |
6.20 | New industrial uses | PC | PC | NP |
6.30 | Non-maritime heavy industry | PC | NP | NP |
7.00 | TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES | |||
7.10 | Utility transmission facilities | PC | NP | NP |
8.00 | PUBLIC/QUASI-PUBLIC | |||
8.10 | Sanitary landfill; rubble fill | PC | NP | NP |
8.20 | Solid or hazardous waste collection or disposal facilities | PC | NP | NP |
8.30 | Sludge facilities | PC | NP | NP |
9.00 | OTHER | |||
9.10 | Non-Water Dependent Structures on Piers | PC | NP | NP |
§ 128-23 Supplemental use standards.
The following supplemental use standards apply to the permitted uses listed in Table A(1) above and shall apply when the permitted use is allowed in the underlying zoning district.
A.
Accessory dwelling unit.
(1)
Within a Resource Conservation Area, the Planning Commission may consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit for the density calculation under this subsection if the additional dwelling unit:
(a)
Does not require a variance to any critical area development standards; and
(i)
is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit and does not exceed 900 square feet in total enclosed area; or
(ii)
is located within the primary dwelling unit and by its construction, does not increase the amount of lot coverage already attributed to the primary dwelling unit by greater than 900 square feet.
(2)
The provisions of this section may not be construed to consider an additional dwelling unit as part of a primary dwelling unit for the density calculation under this subsection.
(3)
An additional dwelling unit meeting all of the provisions of this section may not be subdivided or conveyed separately from the primary dwelling unit.
(4)
An additional dwelling unit that exceeds 900 square feet shall count towards the density calculation.
B.
Existing institutional uses.
(1)
Existing institutional facilities, including those that directly support agriculture, forestry, aquaculture, or residential development, shall be allowed in Resource Conservation Areas.
C.
New institutional uses.
(1)
New institutional facilities and uses, except those specifically listed in Table A(1), shall not be permitted in Resource Conservation Areas.
(2)
Certain institutional uses may be permitted in a Resource Conservation Area if allowed in the underlying zoning district and if the use complies with all requirements for such uses as provided in the Town Zoning Ordinance. These institutional uses are limited to:
(a)
A cemetery that is an accessory use to an existing church, provided man-made lot coverage is limited to fifteen percent (15%) of the site or twenty thousand (20,000) square feet, whichever is less;
(b)
A day-care facility in a dwelling where the operators live on the premises, and there are no more than eight (8) children; and
(c)
A group home or assisted living facility with no more than eight (8) residents; and
(d)
Other similar uses determined by the municipality and approved by the Critical Area Commission to be similar to those listed above.
D.
Existing industrial and commercial uses.
(1)
Existing industrial and commercial facilities and uses, including those that directly support agriculture, forestry, aquaculture, or residential development, shall be allowed in Resource Conservation Areas.
E.
New commercial uses.
(1)
New commercial uses, except those specifically listed in Table A(1), shall not be permitted in Resource Conservation Areas.
(2)
Certain commercial uses may be permitted in the Resource Conservation Area if allowed in the underlying zoning district and if the use complies with all requirements for such uses as provided in the Town Zoning Ordinance. These commercial uses are limited to:
(a)
A home occupation as an accessory use on a residential property and as provided for in the Town's Zoning Ordinance;
(b)
A bed-and-breakfast facility located in an existing residential structure and where meals are prepared only for guests staying at the facility;
(c)
Other uses determined by the municipality and approved by the Critical Area Commission to be similar to those listed above.
F.
Expansion of existing commercial marinas.
(1)
Expansion of existing commercial marinas may be permitted within Resource Conservation Areas, provided that;
(a)
Water quality impacts are quantified, and appropriate best management practices that address impacts are provided;
(2)
Expansion of existing commercial marinas may be permitted in the buffer in the Intensely Developed Areas and Limited Development Areas provided that the applicant demonstrates that:
(a)
The project meets a recognized private right or public need;
(b)
Adverse effects on water quality, fish, plant, and wildlife habitat are minimized;
(c)
Insofar as possible, nonwater-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer and
(d)
Expansion is permitted under the nonconforming use provisions of this article.
G.
New marina, commercial.
(1)
New commercial marinas shall not be permitted in Resource Conservation Areas.
(2)
New commercial marinas may be permitted in Limited Development Areas and Intensely Developed Areas if allowed in the underlying zoning, provided:
(a)
New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.
(b)
New marinas meet the sanitary requirements of the Maryland Department of the Environment.
(c)
New marinas may be permitted in the buffer in the Intensely Developed Areas, and Limited Development Areas provided that it can be shown that:
(i)
The project meets a recognized private right or public need;
(ii)
Adverse effects on water quality, fish, plant, and wildlife habitat are minimized; and
(iii)
Insofar as possible, nonwater-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer.
H.
Community piers and noncommercial boat docking and storage.
(1)
New or expanded community marinas and other noncommercial boat-docking and storage facilities may be permitted in the buffer, subject to the requirements in this article, provided that:
(a)
These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities;
(b)
The facilities are community-owned, established, and operated to benefit the residents of a platted and recorded riparian division.
(c)
The facilities are associated with a residential development approved by the Town for the Critical Area and consistent with all state requirements and the requirements of this article applicable to the Critical Area;
(d)
Disturbance to the buffer is the minimum necessary to provide a single point of access to the facilities and
(e)
If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed.
(2)
Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection H(2)(a) or (b) below:
(a)
One slip for each fifty (50) feet of shoreline in the subdivision in the Intensely Developed and Limited Development Areas and one slip for each three hundred (300) feet of shoreline in the subdivision in the Resource Conservation Area; or
(b)
A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule:
Table H(2)(b) Number of Slips Permitted | |
|---|---|
Platted Lots or Dwellings in the Critical Area | Slips |
Up to 15 | 1 for each lot |
16 to 40 | 15% or 75%, whichever is greater |
41 to 100 | 30% or 50%, whichever is greater |
101 to 300 | 50% or 25%, whichever is greater |
Over 300 | 75% or 15%, whichever is greater |
I.
Public beaches and public water-oriented recreational and educational areas.
(1)
Public beaches or other public water-oriented recreation or education areas, including, but not limited to, publicly owned boat launching and docking facilities and fishing piers, may be permitted in the buffer in Intensely Developed Areas.
(2)
These facilities may be permitted within the buffer in Limited Development Areas and Resource Conservation Areas, provided that:
(a)
Adequate sanitary facilities exist;
(b)
Service facilities are, to the extent possible, located outside of the buffer;
(c)
Permeable surfaces are used, to the extent practicable, if no degradation of groundwater would result;
(d)
Disturbance to natural vegetation is minimized; and
(e)
Areas for possible recreation, such as nature study, hunting and trapping, and education, may be permitted in the buffer within Limited Development Areas and Resource Conservation Areas if service facilities for these uses are located outside of the buffer.
(3)
When assessing areas for these facilities, consideration will be given to underserved communities.
J.
Research areas.
(1)
Water-dependent research facilities or activities operated by State, federal, or local agencies or educational institutions may be permitted in the Buffer if nonwater-dependent structures or facilities associated with these projects are located outside of the Buffer.
K.
Fisheries activities.
(1)
Commercial water-dependent fisheries and aquaculture including, but not limited to, structures for crab shedding, fish off-loading docks, shellfish culture operations, shore-based facilities necessary for aquaculture operations and fisheries activities, and a facility or activity that supports water quality restoration may be permitted in the Buffer in Intensely Developed Areas, Limited Development Areas, and Resources Conservation Areas.
L.
Golf course.
(1)
A golf course, excluding main buildings and/or structures such as the clubhouse, pro shop, parking lot, etc., may be permitted in Resource Conservation Areas, provided that:
M.
Existing industrial uses.
(1)
Existing industrial facilities and uses, including those that directly support agriculture, forestry, or aquaculture, may be permitted in Resource Conservation Areas.
N.
New industrial uses.
(1)
New industrial uses shall not be permitted in Resource Conservation Areas.
(2)
New, expanded, or redeveloped industrial facilities may only be permitted in Limited Development Areas and Intensely Developed Areas if permitted uses in the underlying zoning district, provided such facilities meet all requirements for development in the Limited Development Area and Intensely Developed Areas.
(3)
New, expanded, or redeveloped water-dependent industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of Intensely Developed Areas that have been designated as Modified Buffer Areas.
O.
Nonmaritime heavy industry.
P.
Q.
Sanitary landfill; rubble fill.
(1)
Sanitary landfills or rubble fills shall not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area and these development activities or facilities are needed in order to correct an existing water quality or wastewater management problem.
(2)
Existing, permitted facilities shall be subject to the standards and requirements of the Department of the Environment.
R.
Solid or hazardous waste collection or disposal facilities.
(1)
Solid or hazardous waste collection or disposal facilities, including transfer stations, shall not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area and these development activities or facilities are needed in order to correct an existing water quality or wastewater management problem.
(2)
Existing, permitted facilities shall be subject to the standards and requirements of the Department of the Environment.
S.
Sludge facilities.
(1)
Permanent sludge handling, storage, and disposal facilities, other than those associated with wastewater treatment facilities, shall not be permitted in the Critical Area unless:
(2)
Agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the one-hundred-foot buffer.
T.
Nonwater-Dependent Structures on Piers.
(2)
The Town may issue a building permit or any other approval to authorize a nonwater dependent project located on State or private wetlands within the Critical Area if the project:
(a)
Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;
(b)
Is not located on a pier that is attached to residentially, institutionally, or industrially used property;
(c)
Is located in an IDA;
(d)
Is approved by the Planning Commission;
(e)
Allows or enhances public access to State wetlands;
(f)
Does not expand beyond the length, width, or channel ward encroachment of the pier on which the project is constructed;
(g)
Has a height of up to 18 feet unless the project is located at a marina; and
(h)
Is up to 1,000 square feet in total area; or
(3)
The Town may issue a building permit or other approval to authorize a nonwater-dependent project for a small-scale renewable energy system on a pier located on State or private wetlands within the Critical Area if the project:
(a)
Involves the installation or placement of a small-scale renewable energy system that is permitted as a secondary or accessory use on a pier that is authorized under Title 16 of the Environment Article;
(b)
Is located in:
(i)
The Chesapeake and Atlantic Coastal Bays Critical Area and the project is authorized under a program amendment to the Denton's Critical Area Program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to Denton's zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this subsection; or
(ii)
An area that has been excluded from Denton's Critical Area Program that has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;
(c)
Is approved by the Planning Commission;
(d)
A building permit or other approval issued under the requirements in Subsection T(3) above may include the installation or placement of:
(ii)
A solar energy system attached to a piling if there is only one solar panel per boat slip;
(iii)
A solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;
(iv)
A closed-loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:
(v)
A wind energy system attached to a pier if there is only one (1) wind energy system per pier for which:
[1]
The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;
[2]
The rotor diameter of the wind turbine is up to four (4) feet, and
[3]
The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.
§ 128-24 Growth allocation.
A.
Growth allocation acreage.
(2)
As of the date of adoption of this article, there is no specific acreage of growth allocation allotted to the Town. The county will review potential growth allocation requests from the Town on a case-by-case basis.
(3)
The Town shall deduct acreage from its growth allocation reserves in accordance with COMAR 27.01.02.06-4.
B.
Growth Allocation Floating Zone District.
C.
Standards. When locating new Intensely Developed Areas (IDA) or Limited Development Areas (LDA), the following requirements shall apply:
(1)
A new IDA shall only be located in an LDA or adjacent to an existing IDA.
(2)
A new LDA shall only be located adjacent to an existing LDA or an IDA.
(3)
New IDA shall be at least twenty (20) acres in size unless:
(a)
They are contiguous to an existing IDA or located in an LDA; or
(b)
They are a grandfathered commercial or industrial use that existed as of March 1989, and the project is consistent with the Town's Comprehensive Plan. The amount of growth allocation deducted shall be equivalent to the area of the entire parcel or parcels subject to the growth allocation request.
(4)
No more than 1/2 of the Town's growth allocation may be located in Resource Conservation Areas (RCA) except as provided in Subsection C(9) below.
(5)
A new LDA or IDA shall be located in a manner that minimizes impacts to Habitat Protection Areas as defined herein and in COMAR 27.01.09, as amended from time to time, and in an area and manner that optimizes benefits to water quality.
(6)
A new IDA shall only be located where it minimizes impacts on the permitted land uses of the RCA.
(7)
A new IDA or an LDA in an RCA shall be located at least three hundred (300) feet beyond the landward edge of tidal wetlands or tidal waters unless the Town proposes and the Commission approves alternative measures for enhancement of water quality and habitat that provide greater benefits to the resources.
(8)
New IDA or LDA to be located in RCA shall conform to all criteria of this article for such areas, shall be so designated on the Town Critical Area Maps, and shall constitute an amendment to this article, subject to review and recommendation by the Planning Commission and the approval of the Town Council and the Critical Area Commission, as provided herein.
(9)
Locate new IDAs and LDAs outside of areas vulnerable to climate change unless the Town proposes and the Critical Area Commission approves measures that:
(10)
The Town Council recognizes that the Town may not be able to utilize growth allocation acreage in the locations outlined in Subsection C(1) and (2) above and/or may not satisfy the 20-acre size threshold outlined in Subsection C(3) above. In addition, the Town Council recognizes that most of its critical area lands for which growth allocation is planned are currently classified as Resource Conservation Areas. Accordingly, if the Town is unable to satisfy any or all of the criteria outlined in Subsection C(1) through (4), the Town may utilize a portion of its growth allocation in a manner that varies from Subsection C(1), (2), (3), and/or (4) above, provided that the area receiving growth allocation meets the following standards:
(a)
Any development will be serviced by public water and sewer;
(b)
The area is located in a Priority Funding Area;
(c)
The development is consistent with the Denton Comprehensive Plan and
(d)
The development will have an overall economic benefit to the community or implement a specific goal, objective, or policy of the Denton Comprehensive Plan.
(11)
For residential development, the area to be developed shall be limited to no more than the underlying zoning requirements or 85% of the site, whichever is the lesser amount.
(12)
In addition to meeting the minimum requirements of the Critical Area regulations, the Planning Commission reserves the right to require additional water quality and/or wildlife habitat improvements in the project design.
D.
Additional factors. In reviewing map amendments or refinements involving the use of growth allocation, the Town shall consider the following factors:
(1)
Consistency with the Town's adopted Comprehensive Plan and whether the growth allocation would implement the goals and objectives of the adopted plan. "Consistency with" means that a standard or factor will further, and not be contrary to, the following items in the Comprehensive Plan:
(2)
For a map amendment or refinement involving a new LDA, whether the development is:
(4)
The use of existing public infrastructure, where practical;
(5)
Consistency with state and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on or off the site;
(6)
Impacts on a Priority Preservation Area;
(7)
Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and
(8)
Environmental impacts associated with the location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.
E.
Application.
(1)
An application for the GA Floating Zone shall include the following submissions:
(a)
The subdivision history of parcels designated as RCA. The date of December 1, 1985, is the date used for the original Critical Area mapping and shall be used as a beginning point of analysis;
(c)
Information required by COMAR 27.01.02.06-1;
(d)
Environmental report as per COMAR 27.01.02.06-2; and
(e)
The Planning Commission or the Town Council may require other information and documentation.
(f)
Ten (10) copies of the application for the GA Floating Zone and all required submissions submitted to the Planning and Codes.
(2)
Concept Plans. Unless waived by the Planning Commission at the applicant's request, concept plans accompanying applications for the GA Floating Zone shall include the following information:
(a)
Boundary Survey, including identification of adjacent property owners;
(b)
Existing conditions, including:
(i)
Topographic survey (minimum 1' contour interval);
(ii)
Soils;
(iii)
Forested areas and tree lines;
(iv)
Wetlands, wetland buffers, floodplain, hydric soils, streams, and water features;
(v)
Habitat protection areas;
(vi)
Steep slopes;
(vii)
Easements and deed restrictions;
(viii)
Roads, driveways, and rights-of-way;
(ix)
Existing buildings;
(x)
General location of storm surge boundaries for all categories of storm events; and
(xi)
Existing land uses.
(c)
Proposed open space, protected areas, and public and private parks;
(d)
Pedestrian and vehicular circulation plan showing the dominant street configuration and pedestrian walking and biking alignments;
(3)
Studies and reports by qualified professionals:
(a)
Nontidal wetlands delineation;
(b)
Habitat protection areas study prepared by qualified professionals; and
(c)
A concept plan indicating how stormwater will be managed on the site.
(d)
Report describing mitigation and adaptation measures that address sea level rise, storm surge, precipitation—induced flooding, other extreme weather events, migrating wetlands, and coastal forests. Identify measures to enhance climate resiliency, including restoring, creating, and conserving existing and projected future natural and nature-based features.
(e)
Assessment of the impacts of mitigation, restoration, conservation, and adaptation to climate change on underserved communities and description of measures to ensure the equitable distribution of the benefits and burdens of development, restoration, and mitigation.
§ 128-25 Grandfathering.
A.
Continuation of existing uses.
(1)
The continuation, but not necessarily the intensification or expansion, of any use in existence on April 3, 1989, may be permitted unless the use has been abandoned for more than one year or is otherwise restricted by existing municipal ordinances.
B.
Residential density on grandfathered lots.
(1)
Except as otherwise provided, the following types of land are permitted to be developed with a single-family dwelling if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the density provisions of this article.
(a)
A legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985;
(b)
Land that received a building permit subsequent to December 1, 1985, but prior to March 1989;
(c)
Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval between June 1, 1984, and December 1, 1985; or
(d)
Land that was subdivided into recorded, legally buildable lots, where the subdivision received the final approval after December 1, 1985, and provided that either development of any such land conforms to the Intensely Developed Area, Limited Development Area, or Resource Conservation Area requirements in this article or the area of the land has been counted against the growth allocation permitted under this article.
(e)
Any land on which development activity has progressed to the point of pouring of foundation footings or the installation of structural members.
C.
Consistency. The Town shall have determined, based on land uses and development in existence on December 1, 1985, which land areas fall within the three types of development areas described in this chapter to implement this regulation. Nothing in this section may be interpreted as altering any requirements of this article related to water-dependent facilities or Habitat Protection Areas.
§ 128-26 Variances.
A.
Applicability. The Town has established provisions where, owing to special features of a site or other circumstances, implementation of this article or literal enforcement of provisions within this article would result in unwarranted hardship to an applicant, a Critical Area variance may be obtained.
(1)
In considering an application for a variance, the Town shall presume that the specific development activity in the Critical Area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of the Natural Resources Article of the Annotated Code of Maryland, § 8-1801, COMAR Title 27, as amended from time to time, and the requirements of this article.
(2)
"Unwarranted hardship" means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
B.
Standing. In accordance with Natural Resources Article, § 8-1808(d)(2), Annotated Code of Maryland, if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.
C.
Standards. The provisions for granting such variance shall include evidence submitted by the applicant that the following standards are met:
(1)
Special conditions or circumstances exist that are peculiar to the land or structure involved, and that literal enforcement of provisions and requirements of this article would result in unwarranted hardship;
(2)
A literal interpretation of the provisions of this article will deprive the applicant of the use of land or a structure permitted to others in accordance with the provisions of this Critical Area Ordinance;
(3)
The granting of a variance will not confer upon an applicant any special privilege that this Critical Area Ordinance would deny to other lands or structures within the Critical Area;
(4)
The variance request is not based upon conditions or circumstances that are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming on any neighboring property; and
(5)
The granting of a variance shall not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Critical Area, and the granting of the variance will be in harmony with the general spirit and intent of the State Critical Area Law and this article.
D.
Process. Applications for a variance will be made, in writing, to the Board of Appeals, with a copy provided to the Critical Area Commission. The Board of Appeals shall follow its established procedures for advertising and notification of affected landowners.
(1)
After hearing an application for a Critical Area Ordinance variance, the Board of Appeals shall make written findings reflecting an analysis of each standard.
(2)
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the Board of Appeals shall consider that fact.
E.
Findings. Based on competent and substantial evidence, the Board of Appeals shall make written findings on whether the applicant has overcome the presumption of nonconformance as established in Subsection A above and, if applicable, Subsection B above. With due regard for the person's technical competence and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:
F.
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the Board of Appeals shall consider that fact and whether the application has met the requirements of Subsection I below.
G.
The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A above.
H.
Within ten (10) working days after issuance of a written variance decision, the Board of Appeals shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request.
I.
After-the-Fact Requests.
(2)
The Town will not approve an after-the-fact variance unless an applicant has:
(a)
Fully paid all administrative, civil, and criminal penalties imposed under Natural Resources Article, § 8-1808(c)(1)(iii)14-15 and (2)(i), Annotated Code of Maryland;
(b)
Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and
(c)
Performed the abatement measures in the approved plan in accordance with this Chapter or posted a bond for the abatement measures pending the outcome of the variance request.
(4)
Application for an after-the-fact variance constitutes a waiver of the right to appeal the terms of a notice of violation and its final adjudication, including the payment of any penalties and costs assessed.
J.
Appeals. Appeals from decisions concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures of the Board of Appeals for variances. Variance decisions by the Board of Appeals may be appealed to the Circuit Court within thirty (30) days of the date on which the Board of Appeals issues its written decision in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation, or governmental agency aggrieved or adversely affected by any decision made under this article.
K.
Conditions and mitigation. The Board of Appeals shall impose conditions on the use or development of a property that is granted a variance as it may find reasonable to ensure that the spirit and intent of this article are maintained, including, but not limited to, the following:
(1)
Adverse impacts resulting from the granting of the variance shall be mitigated as recommended by the appropriate local body or approving authority, but not less than by planting on the site per square foot of the variance granted at no less than a three-to-one basis.
(2)
New or expanded structures or lot coverage shall be located at the greatest possible distance from mean high water, the landward edge of tidal wetlands, tributary streams, nontidal wetlands, or steep slopes.
L.
Commission notification. Within ten (10) working days after a written decision regarding a variance application is issued, a copy of the decision will be sent to the Critical Area Commission. The Town may not issue a permit for the activity of the subject of the application until the applicable thirty-day appeal period has elapsed.
§ 128-27 Lot consolidation and reconfiguration.
A.
Applicability. The provisions of this section apply to the consolidation or a reconfiguration of any nonconforming legal grandfathered parcel or lot in the Limited Development Area (LDA) and Resource Conservation Area (RCA). These provisions do not apply to the reconfiguration or consolidation of parcels or lots that conform to or meet all Critical Area requirements. "Conforming" does not include a parcel or lot:
B.
Procedure. An applicant seeking a parcel or lot consolidation or reconfiguration shall provide the information required in COMAR 27.01.02.08.E, as amended from time to time, to the Town.
(1)
The Town may not approve a proposed parcel or lot consolidation or reconfiguration without making written findings in accordance with COMAR 27.01.02.08.F, as amended from time to time.
(2)
The Town shall issue a final written decision or order granting or denying an application for consolidation or reconfiguration.
(3)
After a final written decision or order is issued, the Town shall send a copy of the decision or order and a copy of any approved development plan within ten (10) business days by U.S. mail to the Critical Area Commission's business address.
§ 128-28 Amendments.
A.
Amendments. The Denton Town Council may, from time to time, amend the Critical Area provisions of this article. Changes may include, but are not limited to, amendments, revisions, and modifications to the Critical Area regulations, Critical Area Maps, implementation procedures, and local policies that affect the Town's Critical Area. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without the approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law § 8-1809(i) and § 8-1809(d) of the Natural Resources Article of the Annotated Code of Maryland, respectively.
B.
Zoning Map amendments. Except for ordinance amendments or ordinance refinements developed during a ten-year comprehensive review, a change to a critical area designation may be granted by the Town Council on proof of mistake if the proposed critical area classification:
(1)
Conforms to the State critical area mapping criteria.
(2)
Is based on land uses or natural features in existence as of December 1, 1985, or for areas included in the critical area due to remapping, is based on land uses or natural features in existence at the time of the remapping.
(3)
Follows the Town's documented mapping methodology for critical area classifications at the time of the original program adoption and
(4)
Is consistent with the purposes, policies, and goals of this subtitle and all criteria of the Critical Area Commission.
C.
A Zoning Map Amendment may be granted if the zoning map amendment:
(1)
Is wholly consistent with the Critical Area land classifications (IDA, LDA, RCA, and MBA) as shown on the adopted Critical Area Overlay Map.
(2)
Proposes the use of a part of the remaining growth allocation in accordance with the growth allocation provisions of this Chapter or
(3)
Proposes to change the land classification from either an Intensely Developed Area to a Limited Development Area or a Resource Conservation Area, or a Limited Development Area to a Resource Conservation Area.
D.
Process.
(1)
When an amendment is requested, the applicant shall submit the amendment to the Planning Commission for review and recommendation. Upon completing findings of fact, these documents shall be forwarded to the Town Council.
(2)
The Town Council shall hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. At least fourteen (14) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Town of Denton.
(3)
After the Town Council has approved an amendment, it shall send in writing to the Critical Area Commission, within sixty (60) days after the completion of review, the following information.
(a)
A statement certifying that the required review has been accomplished.
(b)
Any necessary requests for program amendments, program refinements, or other matters that the Town wishes the Commission to consider.
(c)
An updated resource inventory and
(d)
A statement quantifying acreages within each land classification, the growth allocation used, and the growth allocation remaining.
§ 128-29 Enforcement; violations and penalties.
A.
Consistency. The Critical Area provisions of this article, in accordance with the Critical Area Act and criteria, supersede any inconsistent law, chapter, or plan of the Town of Denton. In the case of conflicting provisions, the stricter provisions shall apply.
B.
Violations.
(1)
No person shall violate any provision of this article. Each violation that occurs and each calendar day that a violation continues shall be a separate offense.
(2)
Each person who violates a provision of this article shall be subject to separate penalties, abatement and restoration orders, and mitigation for each offense.
(3)
Noncompliance with any permit or order issued by the Town related to the Critical Area shall be a violation of this article and shall be enforced as provided herein.
C.
Responsible persons. The following persons may each be held jointly or severally responsible for a violation:
D.
Required enforcement action. In the case of violations of this article, the Town shall take enforcement action, including:
(1)
Assess penalties as necessary to cover the costs associated with performing inspections, supervising, or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans;
(2)
Issue abatement, restoration, and mitigation orders as necessary to:
(a)
Stop unauthorized activity;
(b)
Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits; and
(c)
Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.
E.
Right to enter the property. Except as otherwise authorized and in accordance with the procedures specified herein, the Town Council or its designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the Town has probable cause to believe that a violation of this article has occurred, is occurring, or will occur. The Town shall make a reasonable effort to contact a property owner before obtaining access to or entering the property. If entry is denied, the Town may seek an injunction to enter the property to pursue an enforcement action.
F.
Penalties. In addition to any other penalty applicable under state or town law, every violation of a provision of the Natural Resources Article of the Annotated Code of Maryland, § 8-1801, and/or the Critical Area provisions of this article shall be punishable by a penalty as established by the Town of Denton penalty schedule adopted by resolution of the Town Council and may be amended from time to time, with a maximum penalty of up to $10,000 per calendar day. In addition to the standards as set forth herein, prosecution of violations and penalties shall be in accordance with Chapter 94, the Denton Property Maintenance Code, and Chapter 38, the Denton Building Code.
(1)
Before imposing any penalty, the person(s) believed to have violated this article shall receive written notice of the alleged violation(s) by certified mail, regular mail, property posting, etc., including which, if any, are continuing violations, and an opportunity to be heard. The amount of the penalty for each violation, including each continuing violation, shall be determined separately for each violation and in accordance with this section. For each continuing violation, the amount of the penalty shall be determined per day and deemed a separate offense. In determining the amount of the civil penalty, the Town shall consider:
(a)
The gravity of the violation;
(b)
The presence or absence of good faith of the violator;
(c)
Any willfulness or negligence involved in the violation, including a history of prior violations;
(d)
The environmental impact of the violation; and
(e)
The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the Town for performing, supervising, or rendering assistance to the restoration and mitigation.
(2)
Penalties for continuing violations shall accrue for each violation every day each violation continues, with no requirements for additional assessments, notices, or hearings for each separate offense. The total amount payable for continuing violations shall be assessed per day for each violation multiplied by the number of days that each violation has continued.
(3)
The person responsible for any continuing violation shall promptly provide the Town with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for the Town's inspection to verify compliance. Penalties for continuing violations continue to accrue as set forth herein until the Town receives such written notice and verifies compliance by inspection or otherwise.
(4)
Assessment and payment of penalties shall be in addition to and not in substitution for recovery by the Town of all damages, costs, and other expenses caused by the violation.
(5)
Payment of all penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this article.
(6)
Unpaid expenses in the prosecution of a violation or violations shall be subject to a lien against the property.
G.
Cumulative remedies. The remedies available to the Town under this article are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude the pursuit of others.
H.
Injunctive relief. The Town is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this article, an administrative order, a permit, a decision, or other imposed conditions.
(1)
The pendency of an appeal to the Board of Appeals or subsequent judicial review shall not prevent the Town from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition or to restrain a violation pending the outcome of the appeal or judicial review.
I.
Variances pursuant to a violation. Upon citing a violation, the Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subsection or any provisions of an order, permit, plan, or this article in accordance with the variance provisions of this article. However, the application shall not be reviewed, nor shall a final decision be made, until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town of Denton. The property may be required to post a bond equal to 125% of the value of the cost of all abatement, restoration, and mitigation measures. Application for a variance constitutes a waiver of the right to appeal under Subsection K below.
J.
Permits pursuant to a violation. Failure to complete the required conditions of approval shall constitute a separate violation. The Town may not issue any permit, approval, variance, or special exception unless the person seeking the permit has:
(2)
Prepared a restoration or mitigation plan, approved by the Town, to abate impacts to water quality or natural resources as a result of the violation;
(3)
Performed the abatement measures in the approved plan in accordance with the Town regulations; and
(4)
Unless an extension of time is approved by the Town because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed.
K.
Appeals. An appeal in accordance with Chapter 94, Means of appeal, of the Denton Property Maintenance Code may be filed by any person aggrieved by any order, requirement, decision, or determination by an officer or official of the Town of Denton in connection with the administration and enforcement of this article.
(1)
An appeal is taken by filing a written notice of appeal with the Board of Appeals in accordance with the provisions in the Denton Zoning Ordinance and accompanied by the appropriate filing fee.
(2)
An appeal must be filed within 20 days after the date of the decision or order being appealed; and
(3)
An appeal stays all actions by the Town seeking enforcement or compliance with the order or decisions being appealed unless the Town certifies to the Board of Appeals that (because of facts stated in the certification) such stay will cause imminent peril to life or property. In such a case, action by the Town shall not be stayed except by order of the Board of Appeals or a court on application of the party seeking the stay.
§ 128-30 Buffer standards.
A.
Applicability and delineation. An applicant for development activity or a change in land use shall apply all of the required standards for a minimum one-hundred-foot buffer as described in this section. Governmental or public development activity shall comply with the provisions of the Code of Maryland ("COMAR") Title 27 Subtitle 02. The minimum one-hundred-foot buffer shall be delineated in the field and shall be shown on all applications as follows:
(2)
The buffer shall be expanded beyond the minimum one-hundred-foot buffer as described in Subsection A(1) above and the minimum two-hundred-foot buffer as described in Subsection A(3) below, to include the following contiguous land features:
(a)
A steep slope at a rate of four feet for every 1% of slope or the entire steep slope to the top of the slope, whichever is greater;
(b)
A nontidal wetland to the upland boundary of the nontidal wetland;
(c)
The one-hundred-foot buffer that is associated with a nontidal wetland of special state concern as stated in COMAR 26.23.06.01, as amended from time to time;
(3)
Applications for a subdivision or for a development activity on land located within the RCA requiring site plan approval after July 1, 2008, shall include:
B.
Permitted activities. If approved by the Town, disturbance to the buffer is permitted for the following activities, provided mitigation is performed in accordance with an approved Buffer Management Plan as required per Subsection F of this section.
(1)
A new development or redevelopment activity associated with a water-dependent facility or located in an approved Modified Buffer Area;
(2)
A shoreline stabilization activity constructed in accordance with COMAR 26.24.02, COMAR 27.01.04, as amended from time to time, and this article;
(3)
A development or redevelopment activity approved in accordance with the variance provisions of this article;
(4)
A new development or redevelopment activity on a lot or parcel that was created before January 1, 2010, where:
(a)
The buffer is expanded for highly erodible soil on a slope less than 15% or is expanded for hydric soil, and the expanded buffer occupies at least 75% of the lot or parcel;
(b)
The development or redevelopment is located in the expanded portion of the buffer and not within the one-hundred-foot buffer; and
(c)
Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed development activity in the expanded buffer.
(5)
A new or replacement septic system on a lot created before April 3, 1989, where:
(6)
Riparian access for water access, where mitigation is required at a rate of 2:1.
C.
Buffer establishment in vegetation. An applicant for development activity, redevelopment activity, or a change in land use that occurs outside the buffer but is located on a riparian lot or parcel that includes the minimum one-hundred-foot buffer shall establish the buffer in vegetation if the buffer is not fully forested or fully established in woody or wetland vegetation. The Town shall require a Buffer Management Plan in accordance with the standards of this Section.
(2)
The provisions of this section do not apply to the in-kind replacement of a structure.
(3)
If a buffer is not fully forested or fully established in woody or wetland vegetation, the buffer shall be established through planting in accordance with COMAR 27.01.09.01-1C, as amended from time to time.
D.
Mitigation for impacts to the buffer. An applicant for a development activity that includes disturbance to the buffer shall mitigate impacts to the buffer and shall provide a Buffer Management Plan in accordance with the standards set forth in this Section.
(1)
Authorized development activities may include a variance, subdivision, site plan, shoreline stabilization permit, building permit, grading permit, a septic system approved by the Caroline County Health Department on a lot created before April 3, 1989, and special exception.
(2)
All authorized development activities shall be mitigated according to COMAR 27.01.09.01-2, as amended from time to time.
(3)
All unauthorized development activities in the buffer shall be mitigated at a ratio of 4:1 for the limit of disturbance in the buffer.
(4)
Planting for mitigation shall be planted on site within the buffer. If mitigation planting cannot be located within the buffer, then the Town may permit planting in the following order of priority:
(5)
The installation or cultivation of new lawn or turf in the Buffer is prohibited.
E.
Buffer planting standards.
F.
Required submittal of Buffer Management Plans. An applicant required to plant the buffer to meet establishment or mitigation requirements shall submit a Buffer Management Plan as provided in COMAR 27.01.09.01-3, as amended from time to time, with the application for the specific activity. The provisions of this Section do not apply to maintaining an existing grass lawn or an existing garden in the buffer.
(1)
A Buffer Management Plan that includes planting for establishment shall be submitted with all other application materials, clearly specify the area to be planted, and state if the applicant is:
(2)
Any permit for development activity that requires buffer establishment or buffer mitigation will not be issued until the Town approves a Buffer Management Plan.
(3)
An applicant may not obtain final approval for a subdivision application until the Buffer Management Plan has been reviewed and approved by the Town.
(5)
For a Buffer Management Plan that is the result of an authorized disturbance to the buffer, a permit authorizing final use and occupancy will not be issued until the applicant:
(a)
Completes the implementation of a Buffer Management Plan; or
(6)
Concurrent with the recordation of a subdivision plat, an applicant shall record a protective easement for the buffer.
(7)
If an applicant fails to implement a Buffer Management Plan, that failure shall constitute a violation of this article. A permit for development activity will not be issued for a property with the violation.
(8)
An applicant shall post a subdivision with permanent signs prior to final recordation in accordance with COMAR 27.01.09.01-2 as amended from time to time.
(9)
Buffer Management Plans that include natural regeneration shall follow the provisions of COMAR 27.01.09.01-4.
G.
Fees in lieu of buffer mitigation. A fee in lieu of mitigation will be collected if the planting requirements of the Buffer Management Plan cannot be fully met on-site in accordance with the following standards:
(1)
Fee-in-lieu monies shall be collected and held in a special fund, which may not revert to the Town's general fund and may only be used for projects within the Critical Area to enhance wildlife habitat, improve water quality or otherwise promote the goals of the Denton's Critical Area Program. The funds cannot be used to accomplish a project or measure that would have been required under existing Town, State, or federal laws, regulations, statutes, or permits;
(2)
Fees-in-lieu shall be assessed at $1.50 per square foot of required buffer mitigation;
(3)
A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed twenty percent (20%) of the fees collected; and
(4)
Fee-in-lieu monies shall be used for the following projects:
(5)
The Town will make the fee-in-lieu fund plans and accounting procedures available to the public, and the status of these funds must be reported in Denton's quarterly reports.
(6)
Any fees-in-lieu collected under these provisions shall be placed in an account that will ensure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of the Town's Critical Area Program.
H.
Shoreline stabilization projects. Shoreline stabilization measures are permitted activities within the buffer in accordance with the following requirements:
(1)
An applicant for a shoreline stabilization project that affects the buffer in any way, including, but not limited to, access, vegetation removal, pruning, or backfilling, shall submit a Buffer Management Plan in accordance with the requirements of this section; and
(2)
Comply fully with all of the policies and criteria for a shoreline stabilization project stated in COMAR 27.01.04 and COMAR 26.24, as amended from time to time.
(3)
The Town, in reviewing any application for a permit for structural erosion control devices, shall refer the application to the Soil Conservation District and the Maryland Department of the Environment for field verification of the need for structural erosion control as well as for recommendations on proposed erosion control mechanisms.
(a)
Any application made to the Town for the installation of an erosion control device must, at a minimum, include the following information:
(b)
Applications must include appropriate authorization from the Maryland Department of the Environment and the U.S. Army Corps of Engineers. Mitigation is required for any disturbance above mean high water, including tree removal.
§ 128-31 Modified Buffer Area (MBA) provisions.
A.
Applicability. The following provisions apply to areas designated and mapped by the Town as Modified Buffer Areas (MBA) and shown on maps available to the public held by the Town. The Critical Area Commission must approve all MBA maps and provisions.
B.
Development and redevelopment standards. New development or redevelopment activities, including structures, roads, parking areas, and other impervious surfaces, lot coverage, or septic systems, will not be permitted in the buffer in a designated MBA unless the applicant can demonstrate that there is no feasible alternative and the Planning Commission finds that efforts have been made to minimize buffer impacts and the development shall comply with the following standards:
(1)
Development and redevelopment activities have been located as far as possible from mean high tide, the landward edge of tidal wetlands, or the edge of tributary streams.
(2)
Variances to other local setback requirements have been considered before additional intrusion into the buffer.
(3)
Commercial, industrial, institutional, recreational, and multifamily residential development and redevelopment shall meet the following standards:
(a)
New development, including accessory structures, shall minimize the extent of intrusion into the buffer. New development shall not be located closer to the water (or edge of tidal wetlands) than the minimum required setback for the zoning district or fifty (50) feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line.
(b)
Redevelopment, including accessory structures, shall minimize the extent of intrusion into the buffer. Redevelopment shall not be located closer to the water (or edge of tidal wetlands) than the local setback for the zoning district or twenty-five (25) feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. A new structure may be constructed on the footprint of an existing structure.
(4)
Single-family residential development and redevelopment shall meet the following standards:
(a)
New development or redevelopment shall minimize the shoreward extent of intrusion into the buffer. New development and redevelopment shall not be located closer to the water (or the edge of tidal wetlands) than principal structures on adjacent properties or the local setback for the zoning district, whichever is greater. In no case shall new development be located less than fifty (50) feet or redevelopment be located less than twenty-five (25) feet from the water (or the edge of tidal wetlands).
(b)
Existing principal or accessory structures may be replaced in the same footprint.
(c)
New accessory structures may be located closer to the water than the setback if the Town of Denton has determined there are no other locations for the structures. The area of new accessory structures shall not exceed five hundred (500) square feet within twenty-five (25) feet of the water and one thousand (1,000) square feet total in the buffer.
(5)
Variances to other local setback requirements shall be considered before additional intrusion into the buffer is permitted.
(6)
Development and redevelopment may not impact any Habitat Protection Area (HPA) other than the buffer, including nontidal wetlands, other state or federal permits notwithstanding.
(7)
Modified Buffer Area (MBA) designation shall not be used to facilitate the filling of tidal wetlands that are contiguous to the buffer or to create additional buildable land for new development or redevelopment.
(8)
No natural vegetation may be removed in the buffer except that required by the proposed construction.
(9)
Mitigation for development or redevelopment in the MBA approved under the provisions of this subsection shall be implemented as follows:
(a)
Natural forest vegetation of an area twice the extent of the footprint of the development activity within the one-hundred-foot buffer shall be planted on site in the buffer or at another location approved by the Planning Commission.
(b)
Applicants who cannot fully comply with the planting requirement in Subsection A(9)(a) above may offset by removing an equivalent area of existing lot coverage in the buffer.
(c)
Applicants who cannot comply with either the planting or offset requirements in Subsection A(9)(a) or (b) above shall pay $1.50 per square foot of mitigation requirement into a fee-in-lieu program as follows:
(i)
Applicants shall submit two (2) cost estimates from qualified landscape businesses for planting the equivalent of twice the extent of the development within the Buffer. The estimate shall include the cost of stock, planting, staking, mulching, and a one (1) year guarantee.
(ii)
The Town shall determine the amount of the fee-in-lieu based on the average of the two (2) estimates.
(d)
Any fees-in-lieu collected under these provisions shall be placed in an account that will ensure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of the Town's Critical Area Ordinance. The funds cannot be used to accomplish a project or measure that would have been required under existing local, state, or federal laws, regulations, statutes, or permits. The status of these funds must be reported to the Critical Area Commission on an annual basis.
(e)
Any required mitigation or offset areas shall be protected from future development through an easement, development agreement, plat notes, or other instrument and recorded among the land records of the County.
§ 128-32 Other Habitat Protection Areas.
A.
Identification. An applicant for development activity, redevelopment activity, or change in land use shall identify all applicable Habitat Protection Areas and follow the standards contained in this Section. Habitat Protection Areas include:
(1)
Threatened or endangered species or species in need of conservation;
(2)
Colonial waterbird nesting sites;
(3)
Historic waterfowl staging and concentration areas in tidal waters, tributary streams, or tidal and non-tidal wetlands;
(4)
Existing riparian forests;
(5)
Forest areas utilized as breeding areas by future interior dwelling birds and other wildlife species;
(6)
Other plant and wildlife habitats determined to be of local significance;
(7)
Natural Heritage Areas; and
(8)
Anadromous fish propagation waters.
B.
Standards.
(1)
An applicant proposing a subdivision or a site plan for a site within the Critical Area that is in or near a Habitat Protection Area listed above shall request a review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department's recommendations, additional research and site analysis may be required to identify the location of threatened and endangered species and species in need of conservation on a site.
(2)
If the Department of Natural Resources confirms the presence of a Habitat Protection Area, the applicant shall develop a Habitat Protection Plan in coordination with the Department of Natural Resources and, as necessary, the United States Fish and Wildlife Service.
(a)
If potential Forest Interior Dwelling Species (FIDS) habitat is identified, the proposed development shall conform to the Critical Area Commission's FIDS Guidance Manual, dated June 2000, and as updated.
(b)
If potential anadromous fish propagation waters are identified, the proposed development shall conform to the policies and criteria listed in COMAR 27.01.09.05.
(3)
The applicant shall obtain approval of the Habitat Protection Plan from the Planning Commission. The specific protection and conservation measures included in the Plan shall be considered conditions of approval of the project.
§ 128-33 Water-dependent facilities.
A.
Applicability. The provisions of this Chapter apply to those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer. An activity is water-dependent if it cannot exist outside the Buffer and is dependent on the water by reason of the intrinsic nature of its operation.
B.
Identification. Water-dependent facilities include but are not limited to, ports, intake and outfall structures, marinas, and other boat docking structures, public beaches and other public water-oriented recreation areas, fisheries activities, and any other water-dependent facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds. Excluded from this regulation are individual private piers installed or maintained by riparian landowners that are not part of a subdivision that provides community piers.
C.
Standards. In accordance with COMAR 27.01.03 and the standards below, the following shall apply to new or expanded development activities associated with water-dependent facilities:
(1)
New or expanded development activities may be permitted in the Buffer in the IDAs and LDAs provided that it can be shown:
(a)
That they are water-dependent;
(b)
That the project meets a recognized private right or public need;
(c)
That adverse effects on water quality, fish, plant, and wildlife habitat are first avoided, or if unavoidable, minimized;
(d)
That, insofar as possible, nonwater-dependent structures or operations associated with water-dependent projects or activities are located outside the Buffer; and
(e)
That the facilities are consistent with an approved local plan as set forth below.
(2)
New or expanded development activities may not be permitted in those portions of the Buffer that occur in RCAs, except as otherwise provided. Applicants for water-dependent facilities in an RCA, other than those specifically permitted herein, must apply for a portion of Growth Allocation as set forth in this Chapter.
D.
Evaluating plans for new and expanded water-dependent facilities. The Town shall evaluate on a case-by-case basis all proposals for expansion of existing or new water-dependent facilities. The Town shall work with appropriate State and federal agencies to ensure compliance with COMAR 27.01.03 and other applicable regulations.
§ 128-35 Definitions.
The following definitions shall be construed to include the future, the singular to include the plural, and the plural to include the singular.
Includes paved or unpaved walkways or driveways, trees, landscaping, rocks, and open space located within the existing or proposed Historic Overlay Zone.
A business day when the Denton Town government is open for business.
Any willful neglect in the maintenance and repair of an individually designated landmark, site, or structure, or a site or structure within a designated preservation district, not including any appurtenances and environmental settings, that does not result from an owner's financial inability to maintain and repair such landmark, site, or structure, and which results in any of the following conditions:
The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows so as to create or permit an unsafe condition to exist; or
The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, the lack of adequate waterproofing, or the deterioration of interior features which will or could result in permanent damage, injury, or loss of or loss to foundations, exterior walls, roofs, chimneys, doors, or windows.
The Denton Historic and Architectural Review Commission.
The Denton Historic and Architectural Review Commission Guidelines.
A significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or physical development.
A historic district designated by the Denton Town Council as provided herein, containing significant features, woodlands, vegetation, structures, sites, monuments, landmarks, farmland, and/or archaeological sites. The historic district shall be accurately posted on the Official Town Zoning Map. (A historic district may be comprised of a single lot or multiple lots.) The area shall include such property as is essential for historical protection. Additional areas may be included or added as determined by the Historic Commission and Planning Commission and approved by the Town Council to benefit or enhance the Historic Overlay Zone.
A term used to identify a historic site or any item interpreted as a structure, as defined in "structure."
A required protective maintenance of historic-overlay-zoned structures and sites. Minimum maintenance shall be interpreted as the minimum building codes currently enforced by the Town of Denton and shall include emergency repairs and ADA compliance items.
Routine repairs that do not alter the exterior features of a historic site or historic resource within a Historic Overlay Zone. Exterior features include the architectural style, design, and general arrangement of the exterior; the color, nature, and texture of building materials; and the type and style of all windows, doors, light fixtures, signs, and similar items found on or related to the exterior of, a historic site or historic resource within a Historic Overlay Zone. Basically, ordinary maintenance is that which will have no material effect on the historical, architectural, cultural, or archaeological value of the historic site or historic resource within a Historic Overlay Zone. This definition of "ordinary maintenance" applies, whenever appropriate, to the appurtenances and environmental setting of the property, as well as the building, structure, or object itself. Specific items to be considered as ordinary maintenance include:
Repair or replacement of roofs, gutters, siding, external doors and windows, shutters, trim, lights, decks or porches, fences, and other appurtenant fixtures with like materials of like design.
Landscaping, except the removal of significant healthy trees.
Paving repair using like materials of like design.
Repainting of surfaces using the same or substantially the same color.
The location of an event of historic significance or a standing or ruined structure that possesses historic archaeological or cultural significance.
A combination of materials to form a stable construction, including but not limited to buildings, stadiums, reviewing stands, platforms, staging, observation towers, trestles, bulkheads, piers, wharves, sheds, coal bins, shelters, fences, and display signs.
§ 128-36 Statutory authority.
Section 8.02, Annotated Code of Maryland, gives the Town of Denton the power to designate historic landmarks and to establish, change, layout, and define zones that are deemed to be of historic or architectural value, following the procedures as per this article of this chapter.
§ 128-37 Structural and site standards specifications.
A.
The Historic Overlay Zone is a special district to be superimposed on other districts contained in these regulations. It is to be so designated by a special symbol for its boundaries on the Official Zoning Map. The uses, housing types, minimum lot requirements, minimum yard requirements, maximum height, and accessory uses and accessory signs shall be determined by the regulations applicable to the underlying zone over which the Historic Overlay Zone is superimposed except as the applications in the Historic Overlay Zone may modify the underlying zone regulations.
B.
The Historic Commission Guidelines, adopted by Ordinance No. 472 on February 7, 2005, or as amended after that, shall apply to and shall be considered during the review of all plans, site plans, subdivision plans, work permits, or other applications for new development, new construction involving structural alterations, new structures, and all applications for special exceptions or variances on all land within the Historic Overlay Zone. Where these guidelines conflict with any provision of this chapter or the Subdivision Ordinance, Chapter 73, Land Subdivision, or any other ordinance of the Town of Denton, these guidelines shall control.
§ 128-38 Permitted uses.
A building or land shall be used only for the following purposes, and, except as provided herein, in each case, subject to approval by the Director of Planning and in accordance with the standards set forth in this article and the standards and procedures set forth in this article.
A.
Any use, accessory use, or sign permitted in the zoning district in which the premises are situated and upon which the Historic Overlay Zone is superimposed. The normal maintenance of a historic area or building, the charging of admission fees for visitors, or the conduct of visitor tours or centers or services within the Historic Overlay Zone shall not be considered commercial uses.
B.
Any conditional use permitted in the zoning district in which the premises are located, subject to the procedures and standards of this chapter for approval of conditional uses and subject in all cases to report by the Historic Commission in accordance with the purposes and standards of the Historic Overlay Zone.
C.
Any special exception or variance permitted in the zoning district in which the premises are located, subject to the procedures and standards of this chapter for approval of special exceptions and variances and subject to report by the Historic Commission and specific findings of the Board of Appeals regarding the purposes and standards of the Historic Overlay Zone; provided, however, that if said special exception or variance is of such a minor nature as to be exempted from review by the Board of Appeals by the terms of the regulation in the Historic Overlay Zone, then no such review or report shall be required.
§ 128-39 Historic and Architectural Review Commission.
A.
Creation of Historic Commission and membership. Pursuant to Land Use Article, Division I, Title 8 of the Annotated Code of Maryland, the Denton Town Council shall create and appoint members for a Historic Commission. The Historic Commission shall have a membership of five (5) members, all of whom are qualified by special interest, knowledge, or training in such fields, but not limited to said fields, as history, architecture, archaeology, preservation, or urban design; and of which two of the five shall have professional qualifications which shall be determined according to the guidelines set forth in "Procedures for State Certification of Local Government Historic Preservation Programs," as established by the Maryland Historical Trust in February 1985, in one or more of the said fields. In addition, four of the five members shall be residents of the Town. All members of the Historic Commission shall, to the extent possible, be selected to represent the geographical, social, economic, and cultural concerns of the residents of the Town.
B.
Term of membership. The members shall be appointed for terms of three (3) years each, except that, in making the initial appointments, some appointments shall be established for less than three years in order that, as these initial terms expire, all appointments shall be for three years and shall not expire at the same time. Specifically, the first Chairperson of the Historic Commission shall be appointed for a three-year term. Members of the Historic Commission are eligible for reappointment. Any vacancy on the Historic Commission shall be filled by the appointing authority Town Council for the unexpired term of the particular position. Town authorities may consult private societies or agencies to request the names of possible members to fill vacancies on the Historic Commission.
C.
Removal for cause. A member may be removed for cause from the Historic Commission by a majority vote of the Town Council.
D.
Chairperson. The Historic Commission shall elect at the first regular meeting of each year, a Chairperson who shall serve for one year. If the Historic Commission fails to elect a Chairperson at the first regular meeting of each year, the Mayor will appoint a Chairperson.
E.
Compensation. The members of the Historic Commission shall serve without compensation. Still, they may be reimbursed for actual expenses incurred in the performance of their duties, provided said expenses are permitted by the budget and approved by the Town Council.
F.
Gifts. The Historic Commission shall have the right to accept and use gifts for the exercise of its functions.
G.
Architectural easements. The Historic Commission may purchase or accept architectural easements in connection with structures located in or adjacent to the Historic Overlay Zone. Such easement shall grant to the Historic Commission, residents of the Historic Overlay Zones, and the general public the perpetual right to have the exterior appearance of any structure upon which it is applied retained in substantially the same character as when the easement took effect.
H.
Regulations, bylaws, and rules of procedure. The Historic Commission shall adopt its own rules and regulations for organization, conduct of meetings, and other transaction of business. The bylaws and rules of procedure adopted by the Historic Commission shall be available for public inspection.
I.
Guidelines. The Town Council shall adopt and amend Historic and Architectural Review Commission Guidelines, which shall be considered by the Historic Commission when reviewing applications.
J.
Meetings. The Historic Commission shall hold such regular meetings which, in its discretion, are necessary to discharge its duties. When an application is filed, the Historic Commission shall hold a monthly public meeting to discuss the said application. Said meetings shall be open to the public, whereby any interested person or their representative is entitled to appear and be heard by the Historic Commission before it decides on any matter. All decisions by the Historic Commission shall be made in a public forum. The Historic Commission shall keep an open record of its resolutions, proceedings, and actions, which shall be kept available for public inspection during reasonable business hours. Applicants shall be given written notification of the decision of the Historic Commission.
K.
Staff. There may be appointed and/or assigned to the Historic Commission such employees, including personnel to record minutes of all meetings, and the Town Administrator shall make available to the Historic Commission such services and facilities of the Town as are necessary or appropriate for the proper performance of duties of the Historic Commission. The Town Attorney shall serve as counsel, and the Town staff shall serve as staff to the Historic Commission.
§ 128-40 Designation of Historic Overlay Zones.
A.
Designating body. The Town Council shall designate Historic Overlay Zones in accordance with the procedures established by this chapter.
B.
Petition for designation or removal of designation. Petition for designation of a Historic Overlay Zone or removal of said designation may be initiated by the owner of the site or by that owner's agent, by the Historic Commission, or by any interested person, group, or organization.
C.
Criteria for designation. The following criteria are to be considered when determining to designate a resource eligible for classification as a Historic Overlay Zone or an area within a Historic Overlay Zone.
(1)
Historic and cultural significance. The historic resource:
(a)
Has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the Town, county, state, or nation;
(b)
Is the site of a historic event;
(c)
Is a site that has yielded, or may be likely to yield, information important in prehistory or history;
(d)
Is identified with a person or a group of persons who influenced society; or
(e)
Exemplifies the cultural, economic, social, political, or historic heritage of the Town.
(2)
Architectural and design significance. The historic resource:
(a)
Embodies the distinctive characteristics of a type, period, style, or method of construction;
(b)
Represents the work of a master craftsman, architect, or builder;
(c)
Possesses high artistic values;
(d)
Represents a significant and distinguishable entity whose components may lack individual distinction; or
(e)
Represents an established and familiar visual feature of the Town, due to its singular physical characteristics or landscape.
D.
Should a Historic Overlay Zone or an area within a Historic Overlay Zone no longer meet the above criteria and the specific criteria for which it was originally designated, the Historic Overlay Zone designation may be removed by legislative action of the Town Council after receipt of a recommendation from the Historic Commission.
E.
Should a Historic Overlay Zone or an area within a Historic Overlay Zone have received Town-authorized or -administered preservation grants, loans, or special property tax incentives, the Town Council may require that those funds received through grants, loans, or tax incentives be reimbursed in full to the Town prior to the site being removed from the Historic Overlay Zone designation.
§ 128-41 Procedures for petition for designation or removal.
A.
Petitions for Historic Overlay Zone designation or removal of a Historic Overlay Zone designation shall be filed with the Department of Planning and Codes Administration.
(1)
The petitions concerning Historic Overlay Zone designation shall include a completed Historic Overlay Zone application form and additional information as required by the Historic Commission to enable the Historic Commission to make a well-informed decision.
(2)
The application and all attachments shall be forwarded to the Chairperson of the Historic Commission within ten (10) days of the application filing date. Applications are due by the first of each month.
B.
The Historic Commission shall have twenty (20) days to review the application after it has been discussed at a public meeting held by the Historic Commission before forwarding the Historic Overlay Zone application, attachments (if applicable), and Historic Commission recommendations to the Town Council. If the Historic Commission feels that more than twenty (20) days are needed in order to make an educated and informed decision, the Historic Commission shall inform the applicant of their request for an extension prior to the terminus of the twenty days. The applicant shall then send a written response to the Director of Planning within ten (10) days, and the official shall forward said response to the Historic Commission within ten (10) days of receipt of said response. If the applicant fails to send a written response within the designated time, the petition is null and void and would need to be resubmitted if said applicant wishes to pursue the matter. If the Historic Commission receives a negative reply for an extension, the Historic Commission shall have thirty (30) days to forward its recommendations to the Town Council. If the Historic Commission fails to act within the designated time, the application shall be forwarded to the Town Council, which approves the petition.
C.
For petitions initiated by other than the owner, the applicant must abide by the following criteria:
(1)
Notify the owner of the property at least fourteen (14) days prior to the Historic Commission's next scheduled meeting to discuss the application;
(2)
Clearly identify the significance of the site with regard to the Town;
(3)
State the need for the site to be designated a Historic Overlay Zone;
(4)
Demonstrate how the public interest will be served by having the site designated a Historic Overlay Zone;
(5)
Demonstrate that the designation will not create an undue burden or hardship for the property owner;
(6)
Consider the property owners' comments and desires; and
(7)
A unanimous vote of the Town Council will be required to designate the site as a Town Historic Overlay Zone.
§ 128-42 Outside consultation permitted.
A.
The Historic Commission may obtain comments from appropriate county, state, and federal agencies and appropriate private organizations, including, but not limited to, educational institutions and local historical societies. It shall forward its recommendation to the Town Council for action.
B.
The Maryland Historic Trust may be designated by the Historic Commission to make an analysis of and recommendation concerning the preservation of structures of historic and architectural value within the area served by the Historic Commission. Such a report may include proposed boundaries of districts and the use recommended to be permitted in the districts, as well as identify and designate particular structures recommended to be preserved.
§ 128-43 Duties of Town Council.
The Town Council, upon receipt of recommendations regarding a Historic Overlay Zone application from the Historic Commission, shall:
A.
Schedule a public hearing in relation to the case by publishing a notice of the time and place of such hearing in a newspaper of general circulation in the Town at least fourteen (14) days in advance of said hearing.
B.
Inform the affected property owner(s) via written notice to be postmarked at least 14 days in advance of the scheduled public hearing of the date, time, and place of said hearing.
C.
Hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard.
D.
Prepare a finding of facts based upon the criteria for designation listed in this section of this chapter and upon the comments of owners of property within the proposed overlay district. It shall be the policy of the Town to carefully consider the impact of any proposed zoning, special exception use, permitted uses (such as, but not limited to, public utility buildings and structures, including radio and television broadcasting stations), utility distribution lines, public buildings and structures, public (state, county, or Town) roads and rights-of-way, or development upon officially designated Historic Overlay Zones and, to the greatest degree practical, avoid or minimize any adverse effects.
E.
Upon finding that a proposed site meets the criteria of this chapter and that such designation is in the general interest of the citizens of Denton, the Town Council may designate or remove the Historic Overlay Zone or an area within a Historic Overlay Zone and cause the site to be posted on or removed from the Official Zoning Map.[1]
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
F.
In the event of a denial of an application, the applicant shall receive a written notification of the reasons for such denial to be postmarked within five days of the Town Council decision.
§ 128-44 Powers and duties of the Historic and Architectural Review Commission.
The Historic Commission shall have the following powers and duties:
A.
To maintain and update an inventory of historic resources within the Town.
B.
To review applications for the designation or removal of a Historic Overlay Zone or an area within a Historic Overlay Zone and to forward recommendations to the Town Council, which will approve or disapprove the designation or removal of a Historic Overlay Zone or an area within a Historic Overlay Zone.
C.
To review and process applications for historic area work permits.
D.
To make recommendations to the Planning Commission on courses of action in the event of subdivision of land within a Historic Overlay Zone as it relates to the preservation of the historic resource, of the architectural setting, and of the environmental setting in which the resource is located.
E.
To recommend courses of action to the Planning Commission in the event of subdivision of land containing an identified historic resource as it relates to the preservation of the historic resource, of the architectural setting, and of the environmental setting in which the resource is located.
F.
To review any legislation and proposal affecting historic preservation and to make recommendations on said legislation and proposals to appropriate authorities.
G.
To research the Town's historic resources and recommend applicable sites, areas, and structures to the Town Council for designation as a Historic Overlay Zone.
H.
To serve as a clearinghouse for information on historic preservation for the Town government, individuals, citizens' associations, historical societies, and local advisory committees; to provide information and educational materials for the public; and to undertake activities to advance the goals of historic preservation in the Town of Denton.
I.
To regularly inform the Maryland Historical Trust of the addition or removal of a Historic Overlay Zone or an area within a Historic Overlay Zone and of new information or data found or researched regarding historic sites or structures in the Town.
J.
To employ consultants or other temporary personnel, consistent with Town contract provisions, as deemed necessary to assist the Historic Commission in the accomplishment of its functions. Said consultants or other personnel shall be compensated as may be provided for in the Town budget.
K.
To write or amend the Historic Commission guidelines for Town Council approval consideration.
§ 128-45 Historic area work certificates of approval.
A.
Before the construction, alteration, reconstruction, repair, moving, or demolition of any structure is made within a designated Historic Overlay Zone, for any proposed changes that would affect the exterior appearance of the structure, the individual(s), firm or corporation proposing to make the construction or change shall file with the Historic Commission a historic area certificate of approval application for permission to build, alter, repair, reconstruct, move, demolish, or make an addition. If the proposed changes require a Town building permit as determined by this chapter, a completed building permit shall accompany the historic area certificate of approval application to be filed with the Historic Commission. All proposed changes shall be consistent with the Historic Commission Guidelines.
B.
Emergency repair items and residential ADA items shall be approved by the Department of Planning and Codes Building Official.
C.
Every such certificate of approval application shall be referred to and considered by the Historic Commission and accepted or rejected by the Historic Commission. No building permit for any such change may be granted until the Historic Commission has acted thereon as hereinafter provided.
D.
Application to the Historic Commission is not required for ordinary maintenance as defined in § 128-35, Definitions.
E.
Specific items requiring historic area certificate of approval. A historic area certificate of approval shall be filed for the following specific items, whether or not a building permit is required.
(1)
Repair or replacement of roofs, gutters, siding, external doors, and windows, external trim, external lights, and other external appurtenant fixtures with different materials of different designs.
(2)
Removal of a building, structure, or object, or a visible portion thereof, including outbuildings.
(3)
New construction or any enlargement, modification, or alteration of the exterior of an existing building, structure, or object which requires a building permit.
(4)
Removal, replacement, or enclosure of porches.
(5)
Basic alteration of materials, including installation of siding, shingles, or masonry facing.
(6)
Removal of significant healthy trees.
(7)
Installation or removal of fencing or fence walls.
(8)
Permanent installation or removal of shutters.
(9)
New paving or modification of paving materials in front of the building line.
(10)
Removal, modification, or alteration of exterior architectural features.
(11)
First-time painting, removal of paint, or substantially changing the color of paint.
(12)
Exterior sandblasting.
(13)
Performing any grading, excavating, construction, or substantially modifying, changing, or altering the environmental setting.
(14)
Erecting or causing to be erected any sign or advertisement (with the exception of those signs which are erected temporarily for such purposes as advertising the sale of the property site or promoting a political viewpoint) on exterior structures or in the environmental setting.
(15)
Any other act which does not constitute ordinary maintenance but which modifies, alters, or otherwise affects the exterior features of a historic resource within a Historic Overlay Zone.
§ 128-46 Criteria for review of application and permits for alterations to designated Historic Overlay Zones.
A.
In reviewing applications for certificates of approval and work permits filed under the provisions of § 128-45, Historic area work certificates of approval, the Historic Commission shall review each application or permit for consistency with the Historic and Architectural Review Commission Guidelines. In addition to the Guidelines, the Historic Commission shall consider:
(1)
The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;
(2)
The relationship of the exterior architectural features of the structure to the remainder of the structure and the surrounding area;
(3)
The general compatibility of exterior design, arrangement, texture, and materials proposed to be used;
(4)
The extent to which the building or structure would be harmonious with, or incongruous to, the environmental setting of a designated Historic Overlay Zone. It is not the intent of this chapter to discourage contemporary architectural expression, or to encourage the emulation of existing buildings or structures of historical architectural interest in specific detail. Harmony or incompatibility will be evaluated in terms of the appropriateness of materials, scale, size, height, and placement of new buildings in their relationship with existing structures and
(5)
Any other factors, including aesthetic and environmental factors, which the Historic Commission deems pertinent.
B.
Limitation of considerations. The Historic Commission normally shall consider only the exterior features of a structure. Still, in cases where the owner voluntarily subjects the interior arrangement and materials to review by the Historic Commission, those interior features shall also be considered. The Historic Commission shall not disapprove a certificate of approval application except with respect to the factors specified above. Furthermore, the Historic Commission will not limit new construction, alteration, or repairs to any one architectural style of a given chronological period.
C.
Strictness and leniency in the judgment of plans. The Historic Commission shall be strict in its judgment of plans affecting those structures designated as having significant historic or architectural value. The Historic Commission may be lenient in its judgment of plans for structures of little historic value or plans involving new construction unless such plans would seriously impair the historic or architectural value of the surrounding area.
§ 128-47 Action on applications for historic area work permits.
A.
Applications for issuance of a historic area certificate of approval shall be filed with the Director of Planning. The historic area certificate of approval application provided by the Department of Planning shall have all pertinent information completed upon submission of the application. If a building permit is deemed required as per this chapter, a completed building permit application must be filed with said historic area certificate of approval permit application.
B.
Upon the filing of a completed application, within fourteen (14) days, the Director of Planning shall forward the application and all attachments to the Historic Commission.
C.
Upon receipt of the application, the Historic Commission shall consider at its next regularly scheduled public meeting.
D.
The Department of Planning shall notify the applicant of the public meeting scheduled with the Historic Commission for review of the application. It shall provide a public notice to the applicant for posting by the applicant on the property for purposes of notifying citizens or organizations which may have an interest in the proceedings.
E.
At the public meeting, interested persons will be encouraged to comment, and written and/or taped minutes of the proceedings shall be kept. The Historic Commission shall determine specific rules of procedure.
F.
Actions of the Historic Commission.
(1)
The failure of the Historic Commission to act upon a completed application within 45 days from the date the completed application was filed shall be deemed to constitute automatic approval of the proposed changes unless an extension of this forty-five-day period is agreed upon mutually by the applicant and the Historic Commission or the application has been withdrawn.
(2)
Within 14 days after an application is presented and reviewed at the Historic Commission's public meeting, the Historic Commission shall make its decision public. However, if Subsection G of this section is applicable, an extension shall be granted to the Historic Commission.
(3)
The Historic Commission shall instruct the Director of Planning to:
(4)
The applicant shall receive a written notification of the Historic Commission's decision. In the event of a denial of a certificate of approval, reasons for such denial shall be included with the written notification.
(5)
If, after a public meeting, the Historic Commission finds that not issuing a certificate of approval applied will result in the denial of reasonable use of the property or impose undue hardship on the owner, and, within ninety (90) days after the public appearance, no economically feasible plan for the preservation of the structure has been demonstrated by those seeking preservation, the Historic Commission must then instruct the Director of Planning to issue a certificate of approval with, if applicable, such reasonable conditions which will further the intent and purposes of this section.
G.
In the event that a decision of the Historic Commission aggrieves any party, then thirty (30) days from the date on which the Historic Commission's decision is made public, said aggrieved party may appeal to the Board of Appeals, which will review the Historic Commission's decision based on the record of the proceedings before the Historic Commission. Further appeal may be taken to the Circuit Court for Caroline County.
H.
Miscellaneous provisions:
(1)
The applicant for a permit shall have the responsibility of providing information sufficient to support the application and the burden of persuasion on all questions of fact, which are to be determined by the Historic Commission. Properties subject to deeds of easement held by other Historic Preservation organizations shall submit proof of approval of exterior architectural review by the organization holding the easement.
(2)
Any permit issued by the Department of Planning and Codes may be subject to such conditions imposed by the Historic Commission as are reasonably necessary to assure that work in accordance with the permit shall proceed and be performed in a manner not injurious to those characteristics and qualities of the historic resource which are of historical, architectural, archaeological, or cultural value.
§ 128-48 Adaptive reuse of historic structures.
The Board of Appeals may grant a special exception, adaptive reuse of a historic structure, provided:
A.
The structure proposed for adaptive reuse is located in the Historic Overlay Zone and approved as a historically significant structure by the Historic Commission;
B.
The application has been submitted to the Historic Commission and Planning Commission for any required approvals and each of their recommendations on the special exception for adaptive reuse;
C.
It is shown that exterior changes to the site structure will be minimized; extensions or enlargements of the principal structure and accessory structures may not exceed 25% of the gross floor area of each building above that which existed at the time of the adoption of these regulations. Enlargements shall be designed in keeping with the character of the building;
D.
Landscaping is in keeping with the character of the building;
E.
The site must have access to a public road;
F.
The use is complementary to the character of the structure and
G.
The number of dwellings shall not exceed the density permitted in the district in which the structure is located.
§ 128-49 Applicability.
Section § 128-39 of this article authorizing the establishment of the Historic Commission shall become effective immediately. The remainder of this article shall become effective upon the establishment of the Historic Commission.
§ 128-50 Demolition by neglect.
A.
In the event of demolition by neglect, the Historic Commission may request the Director of Planning to notify, in writing, the property owner of record, any person having a right, title, or interest therein, and the occupant or other person responsible for the maintenance of the property of the deterioration. The notice shall specify the minimum items of repair or maintenance necessary to correct the deterioration or prevent further deterioration.
B.
Prior to the issuance of a written notice, the Historic Commission may request the Director of Planning to establish a record of demolition by neglect. Such a record may include dated materials such as photographs and written reports of the condition of the property so as to record or measure the deterioration.
C.
The notice shall provide that corrective action shall commence within thirty (30) days of the receipt of said notice and be completed within a reasonable time after that. The notice shall state that the owner of record of the property, or any person of record with any right, title, or interest therein, may, within ten (10) days after the receipt of the notice, request a hearing on the necessity of the items and conditions contained in the notice. In the event a public hearing is requested, it shall be held by the Historic Commissioners upon 30 days written notice being mailed to all persons of record with any right, title, or interest in the property and to all citizens and organizations which the Historic Commission determines may have an interest in the proceedings.
D.
If, after the public hearing, the Historic Commission determines that the corrective actions remain necessary, the Historic Commission may request the Director of Planning take corrective action to ensure compliance with the final notice within thirty (30) days of receipt of the final notice.
E.
Upon failure, neglect, or refusal of the property owner or other responsible person, duly notified, to take the corrective action specified in the final notice within the time required, the Historic Commission may request that the Director of Planning institute any of the remedies and penalties provided for in this chapter.
§ 128-51 Violations.
Any willful violation of the provisions of this article by willfully performing or allowing to be performed any work without first obtaining a historic area work permit, failing to comply with a final notice issued pursuant to this article, or disregarding a decision of the Historic Commission will violate this article. A violation of this article shall be deemed a municipal infraction as provided in § 128-219. Everyday that the violation continues shall be deemed a separate offense.
§ 128-52 Administrative Approvals.
As provided § 128-39(H) and (I), the Commission may create, amend, and adopt its own rules and guidelines. Accordingly, the Historic and Architectural Review Commission authorizes administrative approvals as outlined in the Historic and Architectural Review Commission Administrative Approval Guidelines.
§ 128-53 General.
A.
The IRD Infill and Redevelopment Overlay Zone defines an area of the Town wherein the Planning Commission may approve development that may not meet all applicable requirements of this ordinance but implement objectives of the Comprehensive Plan that are found to be context-appropriate.
B.
Accordingly, this section establishes flexible development standards and criteria that permit consideration without the requirement to approve infill and redevelopment proposals, including mixed-residential and mixed-use projects.
§ 128-54 Applicability.
A.
The provisions of this section shall apply to properties of 0.75 acres or less in the SR Single-Family Residential, TR Town Residential, MR Mixed Residential, and CBC Central Business zoning districts and within the IRD Overlay Zone recorded before September 23, 2010, and not part of a recorded subdivision. Small lots meeting these criteria may be combined to create a development site up to 0.75 acres. However, parcels larger than 0.75 acres may not be subdivided to create eligible properties.
B.
A proposed use's nature, size, scale, or intensity may cause a particular site to be unsuitable for a specific proposal. Therefore, there is no general presumption that an application for such use at a particular location is valid, ensures the public benefit of the Town, is compatible with surrounding uses, or is in compliance with the Comprehensive Plan. Instead, each application will be evaluated according to its particular location and the degree to which the developer is willing or able to propose a development plan that ameliorates possible adverse impacts and furthers the goals and objectives of this Subsection and the Zoning Ordinance generally.
§ 128-55 Permitted Uses.
§ 128-56 Development standards.
A.
Other zoning provisions notwithstanding, minimum lot area, width, and yard requirements may be established for each project at the discretion of the Planning Commission. However, the Planning Commission may not permit a new principal structure to be located on a property line or closer than ten (10) feet to a principal structure on an adjacent property.
B.
Other zoning provisions notwithstanding, the Planning Commission may permit additional dwelling units provided the lot area for the additional unit(s) is seventy-five percent or more of the required minimum area per unit. However, in no case shall a townhouse building or multifamily dwelling include more than four (4) units.
C.
Buildings and structures are restricted to the height limit established for the district.
§ 128-57 Findings requirement.
A.
The Planning Commission may approve a proposed infill or redevelopment project upon finding that:
(1)
The plan is consistent with the Design Guidelines (Appendix III)[1] as applicable;
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
(2)
The plan is in accordance with the Denton Comprehensive Plan;
(3)
The plan is internally and externally compatible and harmonious with existing and planned land uses in the area and
(4)
Existing or planned public facilities adequately serve the proposed development.
B.
The Planning Commission may establish appropriate conditions for approval of non-residential uses such as hours of operation, buffer and screening, signage, and lighting to ensure compatibility with adjacent residential uses.
§ 128-58 Application process.
A.
Public notice of the Planning Commission's consideration of a proposed infill and redevelopment proposal shall be provided as outlined in § 128-216. In addition, property or properties proposed for development under the terms of this section shall be posted by the Town. Such posting shall appear on the site at least (14) days before the Planning Commission considers the application. At the time of posting, all required application information, as outlined herein, shall be present and available for review in the Town Office.
B.
The applicant has the entire burden of proof to demonstrate the proposed infill or redevelopment proposal meets or exceeds the Development Guidelines. Therefore, applications shall include adequate information to address this burden of proof requirement and shall, at a minimum, include the following:
(1)
A description of the proposed development site, i.e., a plot plan or survey plot.
(2)
A description of existing conditions in the vicinity of the site (e.g., block face on both sides of the street within five hundred (500) feet of the proposed development site). These descriptions shall include documenting photographs and an analysis of the prominent architectural features along adjacent block faces and shall address the following:
(4)
A description of the proposed infill or redevelopment, including:
(a)
elevations of all proposed buildings,
(b)
a description of how the proposed infill or redevelopment is compatible with the features described in Subsection B(3) above and
(c)
A statement of how the proposed infill or redevelopment meets the development and compatibility standards in Design Guidelines in Appendix III[1] and the findings requirements outlined in § 128-57.
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
§ 128-59 Remedies.
Appeals from the decision of the Planning Commission concerning any application for infill or redevelopment may be made as provided in § 128-179 of this Chapter.
§ 128-60 Purpose.
It is the purpose of the Floodplain District to designate all areas within the Town subject to inundation by floodwaters as defined and referenced by Chapter 58 of the Denton Town Code. It is the intent hereof that the FP District shall protect the general welfare of the Town of Denton residents and the value of property by preventing excessive damage to buildings, structures, and land due to the conditions of flooding.
§ 128-61 Higher standards to control.
The provisions of this section are in addition to the provisions of other districts of this chapter. In all cases of conflicting requirements, the provision that represents the greater restriction or higher standards shall govern. See Chapter 58, Floodplain Zones.
§ 128-62 Delineation and Regulations.
§ 128-63 PN Planned Neighborhood District.
A.
There is a general presumption that an application for a PUD project at an appropriate location conditionally approved as a PN District, proposing uses permitted within the PN District with residential densities as provided in this section, inures to the general benefit of the Town and is in compliance with the Town's Comprehensive Plan.
B.
Applicability. The Town Council may apply the PN Planned Neighborhood District to any lands annexed by the Town that have not been rezoned prior to the original adoption of this section, Ordinance No. 446, adopted May 3, 2004, and effective May 10, 2005. The PN District is intended to apply to tracts of land exceeding 50 acres.
C.
Intent. The PN Planned Neighborhood District is intended to promote the following:
(1)
Implement the recommendations of the Denton Comprehensive Plan;
(2)
Develop neighborhoods that are pedestrian-friendly and encourage pedestrian travel;
(3)
Promote design that results in residentially scaled buildings fronting on and generally aligned with streets;
(4)
Encourage the inclusion of a diversity of household types, age groups, and income levels;
(5)
Promote traditional town building and site development patterns with an interconnected and broadly rectilinear pattern of streets, alleys, and blocks to accommodate both pedestrians and automobiles;
(6)
Encourage the creation of functionally diverse but visually unified communities focused on central squares;
(7)
Promote the use of neighborhood greens, landscaped streets, boulevards, and single-loaded parkways woven into street and block patterns to provide space for social activity, parks, and visual enjoyment;
(8)
Provide buildings for civic or religious assembly or for other common or institutional purposes that act as visual landmarks and symbols of identity;
(9)
Promote the location of dwellings, shops, and workplaces in close proximity to each other, the scale of which accommodates and promotes pedestrian travel for trips within the community;
(10)
Preserve open space, scenic vistas, agricultural lands, and natural areas;
(11)
Permit design flexibility to achieve an appropriate mix of residential and nonresidential building uses and
(12)
Require efficient utilization of designated growth areas.
D.
Land uses in the PN District. The uses permitted within the PN District shall be as established by the land use table set forth in this chapter, which shall prevail over conflicting requirements of this chapter or the Subdivision Regulations, Chapter 73, Land Subdivision.
E.
Density determination.
(1)
General. The total number of dwelling units permissible in a PUD project in the PN District shall be determined in accordance with the provisions of this section (as adjusted by density bonuses as set forth below), subject to the following:
(a)
Areas used for nonresidential purposes shall be subtracted from the adjusted tract acreage, as described in Subsection E(2) below, before determining permissible residential density.
(b)
All dwelling units constructed above commercial uses in the storefront area shall be permissible in addition to the number of dwelling units otherwise authorized under this section. However, the total number of dwelling units in a development shall not be increased by more than ten (10) dwelling units or 5%, whichever is greater.
(c)
Base density calculation. The land area shall determine base density yielded through calculations of the adjusted tract acreage (also defined as "net area"), as determined by Table E(2). The minimum residential density for a proposed PN District shall be 3.5 dwelling units per adjusted tract acres. Except as may be provided below, the maximum residential density for a proposed PN District shall be no more than 5.0 dwelling units per adjusted tract acre.
(2)
Table E (2) Table Density Factors for Calculating Adjusted Tract Acreage Density.
Factor | Description of Constraint | |
|---|---|---|
DF 1 | 0.00 | Street rights-of-way, floodways within one-hundred-year floodplain; wetlands and soils classified as "very poorly drained"; utility easements for high-tension electrical transmission lines (less than 69 KV); steep slopes, that is, those greater than 25%; soils classified as "poorly drained" (in unsewered areas); one-hundred-year floodplain (excluding floodways or wetlands within the floodplain); additional environmental constraints, such as FIDS and other habitat areas |
DF 2 | 0.05 | Resource Conservation Area of Critical Area Buffer): shall be applied only to area components not constrained by DF 1 |
DF 3 | 0.75 | Soils classified as "poorly drained" (in sewered areas); slopes between 15% and 25% |
DF 4 | 1.00 | Unconstrained land |
(3)
Density incentives to further certain public objectives.
(a)
Housing type diversity. A density increase of up to 5% is permitted at the discretion of the Town Council when the proposal provides a mixture of at least four of the five of the following types of housing: single-family detached, two-family (semidetached), multifamily, townhouse, and apartments. The architecture of the proposed dwellings shall be harmonious among the various housing types, and they shall be integrated physically; that is, they should not be separated into different neighborhoods but rather mixed in together on the same streets so that at least two dwelling types are located together within the same block.
(b)
Implementation. For each of the public purposes described in Subsection E(3)(a) above, if the Town Council is satisfied that the public purpose objectives are being satisfied, density bonuses may be implemented by reducing the minimum lot area requirements up to 20%. The cumulative density bonuses applied to a PUD project may not exceed 10% of the maximum residential base density.
F.
General design requirements.
(1)
Design standards referenced in this section shall be considered as minimum performance standards for the PN District.
(2)
Planned neighborhoods are intended to provide for a range of complementary uses. They may consist of up to four use areas: single-family residential areas (SRAs), central residential areas (CRAs), storefront areas (SAs), and conservation areas (CAs). At a minimum, they must contain both a SRA and a CA. These areas are intended to provide for the diversity necessary for traditional town life while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other.
(a)
Single-family residential areas (SRAs) provide locations for a broad range of housing types, including single-family detached, semidetached, and attached, and may also include accessory dwelling units. SRAs may include the Rural Conservation District (Resource Conservation Area of the Critical Area); however, no more than one detached single-family residential dwelling unit and one caretaker dwelling unit may be allowed per 20 acres and shall be subject to award of growth allocation. See § 128-24.
(b)
Conservation areas (CAs) are permanently protected open spaces, including greens, commons, passive and active recreation areas, environmentally sensitive and constrained areas, habitat protection areas, and private noncommon acreage used for agriculture, wholesale nurseries, tree farms, equestrian facilities, etc.
(c)
The central residential area (CRA) is intended to contain a variety of housing options and related uses.
(d)
The storefront area (SA) is intended primarily to provide uses that meet the retail and service needs of a traditional community center and its vicinity within one- and two-story buildings. It may contain other compatible uses, such as civic and institutional uses of community-wide importance, specifically including second-floor residential uses.
G.
Development standards.
(1)
The following development standards shall apply to the PN District:
(a)
The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the PN shall be established for each project by the Planning Commission in accordance with the PN design guidelines in Appendix III. In establishing these requirements, the Planning Commission shall consider such factors as the proposed development intensity and the existing character of adjacent neighborhoods.
(b)
Land coverage. The maximum amount of land that may be built over (covered) by parking lots, roads, sidewalks, plazas, buildings, or other structures shall be 60% of the adjusted tract area of the PN property(ies).
(c)
Minimum required open space.
(i)
Minimum open space, including parks, recreational, habitat, forest, agriculture, stream buffers, and wetland preservation areas, shall be provided as prescribed in Article XII Common Open Space. Not less than 50% of the minimum required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above.
(ii)
Open space land shall be permanently protected through conservation easements and may be developed for uses consisting of the following:
[1]
Agricultural uses, including horticultural, wholesale nurseries and the raising of crops, and buildings related to the same;
[2]
Equestrian facilities, including related stables and pastures;
[3]
Woodlots, arboreta, and other similar silvicultural uses;
[4]
Woodland preserve, game preserve, wildlife sanctuary, conservation meadows, or other similar conservation uses;
[5]
Municipal or public uses, public park or recreation area owned and operated by a public or private nonprofit agency, or governmental or public utility buildings or uses, not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, or private or municipal sanitary landfills; and
[6]
Active or passive recreation, if it is noncommercial and provided that no more than 50% of the minimum required open space is so used. Parking areas and any roofed structures associated with the active recreation may not be included within the 50% minimum.
(iii)
The required open space shall be located and designed to add to the visual amenities of neighborhoods and the surrounding area by maximizing the visibility of internal open space as terminal vistas (the building or landscape seen at the end of a street or along the outside edges of street curves) and by maximizing the visibility of external open space as perimeter greenbelt land (the undeveloped and permanently protected acreage around a community). Such greenbelt open space shall be designated to provide buffers and to protect scenic views as seen from existing roadways and public parks and shall not be less than 100 feet deep.
(iv)
PN developments shall include multiple greens, commons, or passive parks measuring a total of at least 1,500 square feet for each dwelling unit, plus 500 square feet of land for active recreation per dwelling unit.
(v)
Civic greens or squares shall be distributed throughout the neighborhood so as to be located within 1,500 feet of 90% of all residential units in the SRA and CRA areas.
(2)
Residential unit mix. At a minimum, each PN development shall have at least three of the five unit types. Each phase of a proposed PN shall have at least three of the five unit types. The Planning Commission may vary this phase requirement if satisfied that at build-out, three of five unit types are included in the overall PN development. Each phase of a proposed PN development shall provide housing opportunities for a diverse population mix of age groups and income levels.
Unit Type | Minimum Percentage | Maximum Percentage |
|---|---|---|
Detached single-family dwelling | 50 | 80 |
Two-family dwelling | 10 | 40 |
Townhouse | 5 | 20 |
Multifamily | 5 | 10 |
Apartment | 5 | 10 |
H.
Small PN projects. The Town Council may modify the minimum standards established in Subsection F above for a PN development of less than 50 acres, provided:
(1)
The proposed PN development is shown as part of and integrated into a general development plan for an adjacent (larger) PN project; the applicant demonstrates that the proposed development could be integrated into an adjacent development(s) or neighborhood(s) by such features as street extensions, the location of its SAs, and the location of common areas; and the Town Council determines that the proposed design meets the goals and objectives of the Comprehensive Plan and the intent of this section; or
(2)
The Town Council may find that the proposed PN is an infill or transition project between existing developments and/or adjacent to a proposed or planned large- scale PN project and that the proposed design of the PN project is consistent with the goals and objectives of the Comprehensive Plan and the intent of this section.
(3)
All PN projects shall be consistent with the PN design guidelines.
§ 128-64 Procedure for approval of PN District floating zone amendment and PUD plan approval.
A.
Purpose. The purpose and intent of the PN District floating zone amendment process is to permit specific and detailed mapping of areas for planned unit developments (PUDs) to provide for the creation of carefully planned, well-designed residential, commercial, and/or mixed-use communities at appropriate locations.
B.
PN District design standards. Applicants shall be guided throughout the review process by the PN design guidelines. Because it is recognized that design professionals, including architects, landscape architects, and land planners, are trained to strive for creative excellence, the design standards and criteria are not intended to restrict creative solutions or to dictate all design details. The PN design guidelines serve as a tool for the Town planning staff by providing a checklist of elements to be considered. The standards also inform the design professionals of items that should be considered or included from the outset of the design process.
C.
Preliminary application. A preliminary application for a floating zone amendment for a PN Planned Neighborhood District approval and a proposed PUD plan conditional approval shall be made to the Town Council. Preliminary applications shall include:
(1)
A written petition for the location of a PN Planned Neighborhood District and approval of a PUD plan, signed by the owners and contract purchasers, if any, of the property that is the subject of the petition.
(2)
A narrative describing the following:
(a)
Statement of present and proposed ownership of all land within the development;
(b)
Overall objectives of the proposed planned unit development and a statement of how the proposed planned unit development corresponds to and complies with the goals and objectives of the Zoning regulations, the proposed PN District, and the Comprehensive Plan;
(c)
Method of providing sewer and water service and other utilities, such as but not limited to telephone, cable, gas, and electric services;
(d)
Storm drainage areas and description of stormwater management concepts to be applied;
(e)
Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas;
(f)
School availability and school population impact analysis;
(g)
General description of architectural and landscape elements, including graphic representations; and
(h)
If the petitioner desires to develop the property in phases, a preliminary phasing plan, indicating:
(i)
The phase(s) in which the project will be developed, the approximate land area, uses, densities, and public facilities to be developed during each phase.
(ii)
If different land use types are to be included within the planned unit development, the plan should include the mix of uses anticipated to be built in each phase.
(3)
A concept PUD plan, which includes:
(a)
Boundary survey, prepared by a professional land surveyor, of the area subject to the application;
(b)
Graphic and tabular presentation of proposed site development information that clearly depicts the following:
(i)
Total acreage of subject property and identification of all adjoining landowners;
(ii)
Description of proposed land uses, including residential, commercial, institutional, and recreational;
(iii)
Maximum number and type of dwelling units, approximate densities of residential areas, and anticipated population, including a separate population of school-age children;
(iv)
Land area and locations generally allocated to each proposed use and
(v)
Location of proposed roads, public open space, any sensitive resource areas (environmental or cultural), and public facilities.
D.
Referral of preliminary application to Planning Commission. If the Town Council finds that the preliminary application for a PN Planned Neighborhood District approval and a proposed PUD plan conditional approval is generally consistent with the Comprehensive Plan and the standards of the PN District, the preliminary application shall be conditionally approved and referred to the Planning Commission for review in accordance with Subsection E below. "Conditional approval," as used herein, only means the Town Council has made a preliminary finding that the proposal is generally consistent with the Comprehensive Plan and this chapter. Conditional approval shall authorize the Planning Commission, planning staff, and Town consultants to continue to analyze the proposal subject to all applicable review processes and procedures. No development may occur until:
(1)
A floating zone has been applied to the property by legislative action of the Town Council;
(2)
A final PUD plan is approved for the floating zone by the Town Council and
(3)
The Planning Commission approves a final PUD plan, and the subdivision plat is recorded according to the provisions of this chapter.
E.
PUD plan submittal to the Planning Commission. After the Town Council conditionally approves the preliminary application for a PN Planned Neighborhood District and the proposed PUD plan, the petitioner shall submit the following to the Planning Commission for review and recommendations to the Town Council:
(1)
Graphic PUD plan requirements:
(a)
PUD plan that includes the following individual sheets: Single sheets shall not exceed 36 inches by 48 inches. Plans should be presented at a scale no smaller than one-inch equals 400 feet such that the entire site may be shown on a single sheet.
(i)
Conditionally approved concept PUD plan;
(ii)
Boundary survey, prepared by a professional land surveyor, including identification of adjacent property owners;
(iii)
Existing condition information, including (Information may be displayed on more than one sheet for clarity.):
[1]
Topographic survey (minimum one-foot contour interval);
[2]
Soils;
[3]
Forested areas and tree lines;
[4]
Wetlands, hydric soils, streams, and water features;
[5]
Steep slopes;
[6]
Easements and deed restrictions;
[7]
Roads, driveways, and rights-of-way;
[8]
Existing buildings and
[9]
Existing land uses.
(iv)
Proposed open space, protected areas, public and private parks;
(v)
Pedestrian and vehicular master plan showing dominant street configuration and pedestrian walking and biking alignments;
(vi)
Detailed plan of at least one phase, showing:
[1]
Road alignments;
[2]
Lot configuration;
[3]
Commercial area plan, if applicable;
[4]
Public and private open space(s);
[5]
Perspective streetscape (typical for represented phase);
[6]
Examples of proposed residential and commercial architecture;
[7]
Plan view, perspective, and elevations of private and/or public community facilities; and
[8]
Plan view, perspective, and elevations of the entrance to PUD, including gateway improvements, if applicable.
(vii)
Phasing plan, including:
[1]
The general boundaries or location of each phase.
[2]
The phase(s) in which the project will be developed, the approximate land area, uses, densities, and public facilities to be developed during each phase.
[3]
If different land use types are to be included within the planned unit development, the plan should include the approximate mix of uses anticipated to be built in each phase.
(b)
Studies and reports by qualified professionals:
(i)
A traffic study that evaluates traffic impacts of proposed entrances on existing public (state, county, and town) roads and major existing intersections within one mile of the project that traffic generated by the proposed project may impact;
(ii)
Nontidal wetlands delineation;
(iii)
Endangered species study prepared by qualified professionals; and
(iv)
Historical and archeological survey.
(c)
PUD design standards, which shall generally conform to the elements of the PN design guidelines. The PUD design standards should provide specific details regarding the following:
(i)
Site design standards in the designated neighborhood and/or commercial areas, including permitted uses, building types, frontage, setbacks, lot sizes, building heights, parking, street widths and cross sections, sidewalks, lighting, and road geometry. Lighting should comply with standards set forth in Article XI of this chapter.
(ii)
Building standards for designated neighborhood and/or commercial areas, including size and orientation, building facades, regulated architectural elements (windows, trim, etc.), rooflines, architectural styles, fencing, parking, and signage.
(iii)
Landscape, buffer, and environmental standards, including location and scope, materials, and scheduling.
(d)
Project scheduling information, including anticipated permitting hearings, approvals, construction start, phasing, anticipated absorption, and completion of key site elements. (Note: This information is understood to be representative of a best estimate and will be used by the Town planning agencies as a tool for long-range planning activities but shall not be binding.)
(e)
The PUD plan shall also include a management statement regarding the anticipated ownership, construction, operation, and maintenance of:
(2)
The PUD plan shall comply with the requirements of this section and the requested floating zone. It may be accompanied by other written or graphic material that may aid the decisions of the Planning Commission and Town Council.
(3)
The Town Council may establish additional and supplemental requirements for the PUD plan during its consideration of the preliminary application if the Town Council determines such requirements are necessary to enable the Town Council to evaluate the particular floating zone amendment request.
F.
Planning Commission review and recommendation on floating zone amendment and PUD plan.
(1)
The Planning Commission shall review the PN Planned Neighborhood District floating zone amendment request and the proposed PUD plan and PUD plan for compliance with the requirements of this chapter and consistency with the Comprehensive Plan and the PN design guidelines.
(2)
The Planning Commission shall evaluate the degree to which the floating zone request and PUD plan incorporates and/or addresses the PN design guidelines and furthers the goals and objectives of the Comprehensive Plan.
(3)
The Planning Commission may make reasonable recommendations to the petitioner regarding changes to the PUD plan proposal, which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements of the Comprehensive Plan, the PN design guidelines and the goals and objectives of this chapter. The petitioner may resubmit the PUD plan to the Planning Commission in consideration of the Commission's comments.
(4)
If, after four PUD plan submissions, the PUD plan has not received a favorable recommendation from the Planning Commission, the Commission shall make a negative recommendation to the Town Council, setting forth its reasons as to why the PUD plan should not be approved.
(5)
The Planning Commission shall consider and comment on the findings required of the Town Council by Subsection G(2) and shall make a favorable or negative recommendation to the Town Council.
(6)
The Planning Commission shall return the PUD plan with any revisions, together with written comments and recommendations and its floating zone comments, to the Town Council for action pursuant to the floating zone and PUD plan approval process.
G.
Town Council approval of floating zone and PUD plan.
(1)
The Town Council shall review the PUD plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.
(2)
The Town Council may approve or disapprove the proposed floating zone map amendment and associated PUD concept plan. It shall follow the procedures set forth in Article XV for a zoning reclassification. However, the change or mistake standard set forth in § 128-189A shall not apply to a floating zone amendment that locates a PN District in accordance with this section, and the Town Council shall apply the criteria as set forth in this section. Concurrently with the location of a floating zone, the Town Council may approve the PUD concept plan, which, in addition to the provisions of the PN District, shall govern the subdivision and/or development of the property. In approving the PN District floating zone map amendment, the Town Council shall make findings of fact, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the areas, and the relationship of the proposed amendment to the Comprehensive Plan. The Town Council may approve the PN District map amendment if it finds that the proposed floating zone amendment is:
(3)
After approval of a floating zone amendment by the Town Council, two complete copies of the approved PUD concept plan shall be filed with the Town Clerk. Eight additional complete copies of the approved PUD concept plan shall be filed with the Director of Planning for Planning Commission reference during its subsequent review and approval of subdivision plans and/or site plans.
(4)
As part of the final PUD concept plan approval, the Town Council shall approve a date for initiation of the proposed development.
(5)
In the event that a floating zone amendment or a prior annexation agreement with a PN floating zone is approved by the Town Council without subdivision and approval of an associated PUD concept plan, the subject property may not be subdivided until the owner complies with the PUD review and approval provisions of this chapter, and may not be developed except in conformance with a subdivision plan as required by and in conformance with this chapter.
H.
Additional required procedures.
(1)
The administrative procedures for approval of a site plan for property located within the PN District are set forth in Article XVI of this chapter. Subdivision plans shall conform to the approved PUD concept plan, including the PUD design standards.
(2)
The administrative procedures for approval of a subdivision located within the PN District shall be those of Chapter 73, Land Subdivision. Final subdivision plans shall conform to the approved PUD concept plan.
(3)
Any development, site plan, or subdivision approval for land in a PN District shall be consistent with the provisions of the PN District and the specific PUD concept plan applicable to the property, as approved or amended by the Town Council.
I.
Amendment of PUD plan. The procedure for amendment of an approved PUD plan (concept, preliminary, or final) shall be the same as for a new application, except that the Planning Commission may approve minor amendments of a PUD plan at a regular meeting.
(1)
Using the guidelines set forth below, the Director of Planning shall determine whether the proposed amendment is minor. An amendment shall be deemed a minor amendment, provided that such amendment:
(a)
Does not conflict with the applicable purposes and land use standards of this chapter;
(b)
Does not prevent reasonable emergency vehicle access or deprive adjacent properties of adequate light and airflow;
(c)
Does not significantly change the general character of the land uses of the approved PUD plan (concept, preliminary, or final);
(d)
Does not result in any substantial change of major external access points;
(e)
Does not increase the total approved number of dwelling units or height of buildings; and
(f)
Does not decrease the minimum specified setbacks, open space area, or minimum or maximum specified parking and loading spaces.
(2)
The phrase "minor amendments" includes, but is not limited to, changes to the location, number, or types of uses within the planned unit development or any phase(s) thereof, subject to Subsection I(1)(c), above; internal road locations or configurations; the number, type or location of dwelling units, subject to Subsection I(1)(e), above; and the location of public amenities, services or utilities.
(3)
The Planning Commission may only approve minor amendments that increase residential density or intensify nonresidential uses if the amendments provide for enhancement of the architectural design and landscaping of the area subject to the amendment.
(4)
Any amendment of a PUD plan that adversely impacts upon the delivery or the Town's cost of public utilities, public services, public infrastructure, or otherwise affects amenities available to the public or the public health and safety shall not be considered a minor amendment.
§ 128-65 Definitions.
The following definitions apply within the AE District.
Building or space for the exhibition of art, usually visual art.
The production of art or creative work either written, composed, created, or executed for a one-of-a-kind production exclusive of any piece or performance created or executed for industry-oriented distribution or related production. Such use may include the fine and applied arts, including painting or other like pictures, traditional and fine crafts, sculpture, writing, creating film, animation, the composition of music, choreography, and the performing arts. Such use does not include adult entertainment.
A facility for art use, as defined above that is separate from any residential uses.
The use of all or a portion of a building for both art use and the habitation of artists.
An original and creative work, whether written, composed, or executed within the designated AE District, that falls within one of the following categories: a book or other writing; a play or performance of a play; musical composition or the performance of a musical composition; painting or other picture; sculpture; traditional or fine crafts; the creation of a film or the acting within a film; or the creation of a dance or the performance of a dance. Artistic work does not include adult entertainment or any piece or performance created or executed for industry-oriented or industry-related production, such as a commercial or advertising copy.
§ 128-66 Applicability.
The Town Council may apply the AE District to any lands identified on the Official Zoning Map[1] as being eligible for the AE District floating zone designation.
[1]
Editor's Note: The Official Zoning Map is included as an attachment to this chapter.
§ 128-67 Permitted uses.
Permitted uses shall be limited to those allowed in the original zone(s) on which the AE floating zone is applied. In addition, art galleries, art craft/studio uses, artist live/work space, art use, and artistic work use shall be permitted and encouraged if not already permitted in the original zone.
§ 128-68 Development Standards.
The following development standards shall apply to the AE District:
A.
Flexible development standards to reduce lot areas, lot frontage, lot widths, and yards and to increase building heights may be permitted consistent with a master development plan approved in accordance with the provisions of this section.
B.
The master development plan should be compatible with existing uses and architecture. In general, the following compatibility standards shall apply:
(1)
Building size, height, bulk, and scale. Buildings should be similar in height and size or be designed in such a way that they appear similar in height and size, creating an overall mass that is consistent with the prevalent mass of other structures in the area, e.g., by dividing walls into units of similar proportions to adjacent structures.
(2)
Building orientation. Primary facades and entries face the adjacent street or internal pedestrian courts with a connecting walkway that does not require pedestrians to walk through parking lots or across driveways and that maintains the integrity of the existing streetscape.
(3)
Privacy. Optimize the privacy of residents and minimize infringement on the privacy of adjoining land uses by considering appropriate bufferyards and the placement of windows and door entrances. Create opportunities for interactions among neighbors in common pedestrian circulation areas of the project.
(4)
Building materials should be similar to materials of the surrounding neighborhood or use other characteristics, such as scale, form, architectural detailing, etc., to establish compatibility.
C.
All planned uses shall comply with the Denton Critical Area and floodplain regulations.
D.
Where the creation of a new lot is proposed, the Town shall have the discretion to waive the requirement in Chapter 73, Land Subdivision of the Town Code, that the lot front on a public street, provided there are sufficient pedestrian accessways and access for emergency services.
E.
Where the design standards set forth above conflict with any provision of this chapter or Chapter 73, Land Subdivision, these standards shall be controlled.
F.
Public facilities and utilities.
(1)
Existing and planned public facilities should be shown on development plans.
(2)
All public streets, walkways, and alleyways shall be shown on development plans. All through streets and walkways must be public. The local street and walkway system shall be safe, efficient, convenient, and attractive and shall accommodate use by all segments of the population.
(3)
The street and walkway system should provide multiple, direct, and continuous intra- and inter-neighborhood connections between destinations.
(4)
Additions to the Town's street network shall include sidewalks.
(5)
Closed street systems are prohibited, but short cul-de-sacs (less than 120 feet long) that connect to the main grid system are allowed when consistent with the surrounding community. The Planning Commission may permit flag lots where appropriate.
(6)
Street widths should be consistent with the surrounding community and sized to promote walkability and multimodal use (i.e., pedestrians, bikes, cars, trucks, buses, etc.).
(7)
Roads, lighting, sidewalks, street furniture, utilities, and other public facilities should enhance pedestrian circulation.
(8)
Parking shall generally comply with the parking standards set forth in the Town's Design Guidelines in Appendix III[1] and other provisions of this chapter. Parking requirements can be waived where adequate public parking is available in close proximity, and the new parking demand does not interfere with the established parking patterns in the neighborhood. If public parking is proposed as the means of providing any required parking, such arrangement shall be documented on the master development plan and approved by the Mayor and Council.
[1]
Editor's Note: Appendix III is included as an attachment to this chapter.
§ 128-69 AE District Procedure.
The following are the procedures for approval of an AE District floating zone, floating zone amendment, and master development plan.
A.
Master development plan submittal to the Planning Commission. An applicant shall submit their request for a floating zone amendment and the master development plan to the Planning Commission for review and Planning Commission recommendations to the Town Council.
(1)
Graphic master development plan requirements. The master development plan shall include the information listed in the appendix for preliminary site plans and/or subdivision plans, as appropriate. In addition, the master development plan shall include the following:
(a)
A description of the proposed development site, i.e., a plot plan or survey plot.
(b)
A description of existing conditions in the vicinity of the site (e.g., block face on both sides of the street with 500 feet of the proposed development site). These descriptions shall include documenting photographs and an analysis of the prominent architectural features and shall address the following:
(i)
Site location and topography.
(ii)
Street connections.
(iii)
Pedestrian pathways.
(iv)
Lot coverage.
(v)
Impervious surfaces.
(vi)
Elevations of all proposed buildings.
(vii)
Building orientation.
(viii)
Roofs.
(ix)
Massing and proportions.
(x)
Entryways.
(xi)
Windows.
(xii)
Garage doors.
(xiii)
Finishes and materials.
(xiv)
Ornamentation.
(xv)
Roof detail.
(xvi)
Color.
(2)
The master development plan and the requested floating zone may be accompanied by other written or graphic material that may aid the decisions of the Planning Commission and Town Council.
(3)
The Planning Commission may establish additional and supplemental requirements for the master development plan during its consideration of the preliminary application; it determines such requirements are necessary to enable the Planning Commission and the Town Council to evaluate the particular plan and floating zone amendment request.
B.
Planning Commission review and recommendation of floating zone amendment and master development plan.
(1)
The Planning Commission shall review the floating zone amendment request and master development plan for compliance and consistency with the development standards set forth in § 128-68, the Town's Design Guidelines, Historic District design guidelines, and the goals and objectives of the Comprehensive Plan.
(2)
The Planning Commission may make reasonable recommendations to the petitioner regarding changes to the master development plan proposal, which, in the judgment of the Commission, shall cause the proposal to better conform to the requirements of the Comprehensive Plan, the applicable design guidelines and the intent of this chapter. The petitioner may resubmit the master development plan to the Planning Commission in consideration of the Planning Commission's comments.
(3)
The Planning Commission shall consider and comment on the findings required of the Town Council by Subsection C(2) and shall make a favorable or negative recommendation to the Town Council.
(4)
The Planning Commission shall forward the master development plan, with any revisions, together with written comments and recommendations and its floating zone comments, to the Town Council for action pursuant to the floating zone and approval process for a master development plan.
C.
Town Council approval of floating zone and master development plan.
(1)
The Town Council shall review the master development plan and other documents, together with such comments and recommendations as may have been offered by the Planning Commission.
(2)
The Town Council may approve or disapprove the proposed floating zone map amendment and associated master development plan. It shall follow the procedures set forth in Article XV for the approval of a floating zone. Concurrently with the location of a floating zone, the Town Council may approve the master development plan, which, in addition to the provisions of the applicable floating zone district, shall govern the subdivision and/or development of the property. In approving the floating zone Official Zoning Map amendment, the Town Council may approve the floating zone Official Zoning Map amendment if it finds that:
(a)
The proposed floating zone amendment is consistent with the Comprehensive Plan;
(b)
The proposed floating zone amendment is consistent with the stated purposes and intent of the applicable floating zone district;
(c)
The proposed floating zone amendment complies with the requirements of this chapter;
(d)
The plan is internally and externally compatible and harmonious with existing and planned land uses in the area and
(e)
Existing or planned public facilities are adequate to service the proposed development.
(3)
In the event that the Town Council approves a floating zone amendment without subdivision and approval of an associated master development plan, the subject property or properties may not be subdivided until the owner complies with the master development plan review and approval provisions of this chapter, and may not be developed except in conformance with a site plan as required by and in conformance with this chapter.
D.
Additional required procedures. In addition to the procedures set forth above, where applicable, the petitioner shall also comply with the Town's site plan approval procedures set forth in Article XVI of this chapter, as well as the Town's subdivision regulations. Any development, site plan, or subdivision approval for land in a floating zone district shall be consistent with the provisions of the applicable floating zone district and the specific master development plan applicable to the property, as approved or amended by the Town Council.
E.
Amendment of a master development plan.
(1)
The Planning Commission may approve any minor amendment of an approved master development plan at a regular meeting. An amendment will be considered minor if the Planning Commission determines that the amendment:
(a)
Does not conflict with the applicable purposes and land use standards of this chapter;
(b)
Does not prevent reasonable access of emergency vehicle access or deprive adjacent properties of adequate light and airflow; and
(c)
Does not significantly change the general character of the land uses of the approved master development plan.
(2)
Any amendment of a master development plan that adversely impacts upon the delivery or the Town's cost of public utilities, public services, public infrastructure, or otherwise affects amenities available to the public or the public health and safety shall not be considered a minor amendment.
§ 128-70 Planned unit development (PUD) Procedures.
§ 128-71 PUD requirements.
A.
Permitted uses. Planned unit developments are contemplated to be primarily residential. However, planned unit developments of sufficient size and appropriate character may have commercial development, which is incidental to the planned unit development and is intended primarily for the use of the residents of the planned unit development. Specifically permitted uses are as follows:
(1)
Single-family detached units.
(2)
Multifamily dwellings attached or detached, one- and two-family units, townhouses, and garden-type apartments.
(3)
Apartments.
(4)
An office, temporary or permanent, belonging to the developer and clearly incidental to the management and sales operations of the PUD.
(5)
Temporary structures incidental to construction.
(6)
In a PUD of over 50 acres or more, a planned commercial center may be permitted. Such a commercial center shall be an integral part of the plan for the PUD.
(a)
The total aggregate area of all the commercial establishments and their parking area shall be established in the approval of the general development plan, but in no case shall it be more than 20% of the gross area of the PUD.
(b)
Planned commercial centers shall be a group of commercial uses approved by the Planning Commission that are compatible with the residential nature of the PUD and the remainder of the Town of Denton. These may include any retail, commercial, or office use listed as permitted, conditional, or special exception uses in the CBC Central Business Commercial district.
(c)
No construction on the planned commercial center shall begin until 30% of the total planned residential units are completed.
(7)
Land and places for public assembly, recreational buildings, public buildings, and accessory buildings, or may require the reservation of lands for such uses if it is deemed they are advantageous or necessary for serving the planned unit development and the local community.
C.
Maximum Density and Unit Type Mix.
(1)
Density shall be calculated based on the adjusted tract acreage, the gross site area less existing street rights-of-way, utility easements, one-hundred-year floodplain, and wetlands.
(2)
The maximum allowable density in the PUD by unit type and unit type mix are as follows:
Unit Type | Density (maximum du/acre) | Minimum Percentage | Maximum Percentage |
|---|---|---|---|
In the SR, TR, RA, and MI Districts | |||
Detached single-family dwelling | 8 | 50 | 80 |
Two-family dwelling, Duplex | 8 | 10 | 40 |
Townhouse | 8 | 5 | 20 |
Multifamily | 10 | 5 | 10 |
Apartments | 15 | 5 | 10 |
In the MR and UR Districts | |||
Detached single-family dwelling | 9 | 50 | 80 |
Two-family dwelling, Duplex | 9 | 10 | 40 |
Townhouse | 9 | 5 | 20 |
Multifamily | 15 | 5 | 10 |
Apartments | 20 | 5 | 10 |
(3)
At a minimum, each PUD development and each phase of a PUD shall have at least three of the five unit types. The Town Council, with a recommendation from the Planning Commission, may vary this phase requirement if satisfied that at build-out, three of five unit types are included in the overall PUD development.
D.
The setback, lot size, lot dimensions, lot coverage, height, and yard requirements in the planned unit development shall be established for each project by the Planning Commission. In establishing these requirements, the Planning Commission shall consider such factors as the proposed intensity of the project and the existing character of the neighborhood.
E.
Land coverage. The maximum amount of land that may be built over (covered) by parking lots, roads, sidewalks, plazas, buildings, or other structures shall be 70% of the net land area of the PUD.
F.
Area. The proposed PUD shall, in no case, contain less than three (3) acres of land.
§ 128-72 Administrative procedures.
A.
Preliminary application shall be made to the Town Council and referred to the Planning Commission for stage one consideration of the PUD Zone and shall include, but not be limited to:
(1)
A general diagram showing the PUD's relation to the Town of Denton and major public access to the PUD (15 copies).
(2)
The general development plan or concept plan setting forth preliminary information in Appendix I[1] at the end of this chapter. In addition to such information, the Planning Commission may require, but shall not be limited to, the following:
(a)
Elevations and percentages of each building type, number of units, and location of buildings.
(b)
Proposed convenience centers, open spaces, their size, their location, their uses, and their proposed ownership (Town and/or association).
(c)
General statement concerning the provision of utilities (draft terms and provisions of a public works agreement).
(d)
Statement of expected Town responsibilities.
(e)
Tentative timetable and staging of development (schedule of construction).
(f)
Applicant shall pay an application fee as previously established by the Town.
(g)
Property and any other taxes on the property proposed to be developed shall be current.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
(3)
After the Planning Commission makes its findings, the application will be forwarded to the Town Council for consideration. If the Town Council finds that the proposal has merit, it will be conditionally approved.
B.
Preliminary site plan. The developer shall submit the following to the Planning Commission for its review after receiving conditional approval from the Town Council:
(1)
Fifteen (15) copies of a preliminary site plan shall be filed with the Town. The preliminary site plan shall comply with the requirements of this article and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Town Council and the Planning Commission.
(2)
The Planning Commission shall review the site plan for compliance with the requirements of this chapter. In their review of the preliminary site plan, the Planning Commission shall consult with such Town officials and its consultants as may be appropriate. It may offer such comments as may be appropriate.
(3)
Preliminary site plan shall include but not be limited to the requirements set forth in Appendix I[2] of this chapter.
[2]
Editor's Note: Appendix I is included as an attachment to this chapter.
(4)
The preliminary site plan shall be accompanied by an estimated schedule of construction or timetable (acceptable to the Town Council and Planning Commission).
(5)
The developer shall provide a statement detailing the means by which the PUD and all its various aspects shall be managed. This statement shall include deed restrictions and covenants designed to ensure the perpetuity of agreements.
(6)
The preliminary site plan shall also include a management statement governing the construction, operation, and maintenance of:
(a)
Sanitary and storm sewers, water mains, stormwater facilities, and other underground structures.
(b)
Streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas, and outdoor lighting systems.
(c)
Parks, parkways, cycleways, playgrounds, open spaces, fences, walls, screen planting, and landscaping and signs.
(7)
The Planning Commission and/or Town Council may establish additional requirements for preliminary site plans for the PUD.
(8)
After review and a public hearing on the proposed zoning, the Planning Commission shall return the site plan, together with comments and recommendations, to the Town Council for appropriate action.
C.
Final review and approval procedure.
(1)
The Town Council shall review the final preliminary site plan and other documents.
(2)
The Town Council shall hold a public hearing in the manner required in Article XVII of this chapter.
(3)
The Town Council may approve or disapprove the proposed PUD zoning. In approval, the Town Council shall secure:
(a)
A surety bond or equivalent to be filed for or deposited in escrow with the Town Council in an amount sufficient to ensure completion of all requirements established by the Town Council.
(b)
A final site plan in the form of a final plat shall be prepared, filed, and recorded. The final plat shall comply with the specifications set forth in Appendix I,[3] and applicable state, county, and Town laws, regulations, and ordinances governing the subdivision of land. (See Chapter 73, Land Subdivision.)
[3]
Editor's Note: Appendix I is included as an attachment to this chapter.
(c)
Permits for building shall be issued in accordance with the schedule for construction approved by the Town Council as part of the final approval.
(d)
When a PUD is to be developed in stages, each stage shall be processed as a separate development after first submitting and receiving approval of the PUD Zone for the entire project.
(e)
As part of the final approval, the Town Council shall approve dates for initiation and completion of the PUD and/or its phases. Any departure from these dates shall constitute a material breach of contract, and outstanding bonds can be called in. The Town Council may waive for cause.
(f)
For issuance of more than one residential building permit for the property, the applicant and Town shall execute a public works agreement that memorializes the rights and obligations of the applicant and Town with respect to public and private improvements and rights-of-way.