This zone is intended to create opportunities for master planned developments that contribute to the economic development of the Emmitsburg community in settings where the impacts of such development to surrounding properties and infrastructure can be minimized or optimally managed. The following specific purposes are to be achieved:

1.

To allow flexibility in the combination of land use types and in dimensional and other requirements of site design to respond to changing economic conditions and development trends that may occur between Town Comprehensive Plan updates and to foster the economic development of Emmitsburg, most notably, the provision of well-paying industrial and office employment.

2.

To provide a means for allowing the development of lands zoned for conservation - recreational (C-R) that are expressly recommended in the Comprehensive Plan for conservation until such time as the Town decides adequate infrastructure and utilities are available.

3.

To allow flexibility for more creative and compact land development design than is generally possible under the Town's separate B-2, ORI, and IP zoning districts.

4.

To encourage the optimal planning and use of open spaces including connecting open spaces to other existing and planned open areas, maintaining or establishing forested buffers along highways and between incompatible uses, enhancing the aesthetic values of the community generally, incorporating natural resources, open spaces, scenic vistas, and trails into community design, and providing open spaces for employees, visitors, and customers.

5.

To encourage the design of developments and buildings that are optimally responsive to the unique natural conditions of a site so as to promote maximum energy efficiency and environmental sustainability and to protect environmentally sensitive areas including forests, wetlands, and stream buffers.

6.

To promote the harmonious arrangement of buildings and a mix of compatible land uses that can conveniently serve the needs of the employees within the development creating pleasant walkable and bikeable employment areas.

7.

To implement the Emmitsburg Comprehensive Plan and to promote harmonious and unified town development patterns that are consistent with the Comprehensive Plan.

8.

To promote compact development patterns that allow for efficient and cost-effective provision and maintenance of public facilities and infrastructure.

9.

For any proposed development with frontage along US 15, to protect the enduring quality of the landscape in keeping with the objectives of the Catoctin Mountain Scenic Byway.

10.

The intent of these regulations is also to promote orderly and thorough plan review procedures for development in the EDFD district.

(Ord. No. 23-09, 8-21-23)

The EDFD District is a floating zone and is restricted to sites of twenty-five (25) acres or greater in the B-2, ORI, I-P and C-R Districts. Approval of a "Master Plan" in accordance with the provisions contained in Section 17.26.070 is required at the time of rezoning approval and is a prerequisite to continuing through the development process including site plan approval and final subdivision approval.

(Ord. No. 23-09, 8-21-23)

A.

The applicant must present sufficient information to provide the Board of Commissioners and the Planning Commission with a basis to review and approve the overall concept of the project and to amend the zoning map.

B.

The following shall be included in the application.

1.

The Materials specified in Section 17.26.070(B).

2.

A statement addressing each consideration listed under paragraph C of this Section.

3.

The application fee of two thousand dollars ($2,000.00) and reimbursement to the Town of any engineering, legal or consulting fees associated with the review and processing of the Application.

C.

The Board of Commissioners and the Planning Commission in their respective reviews of the Application shall consider all the following criteria to determine whether an amendment to the zoning map allowing the establishment of an EDFD should be approved or denied:

1.

The consistency of any proposed EDFD and Master Plan with the Emmitsburg Comprehensive Plan.

2.

Consistency with the statements of purpose and intent set forth in Section 17.26.010.

3.

The general location of the site and the relationship and compatibility of the proposed development with existing land uses in the immediate vicinity.

4.

The long-term implications the EDFD would have on subsequent local development patterns, the demand and availability for public facilities and services in the surrounding area, and the ability of the Town to provide public services and facilities.

5.

The topography and relationship to existing natural and man-made features, both on site and in the immediate vicinity.

6.

The proposed phasing schedule for development and how it relates to the provision of public services and facilities necessary to serve the EDFD.

7.

The availability and suitability of roads to handle the projected traffic related to the development, and vehicular access to the area.

8.

The availability and capacity of municipal water and sewer facilities to serve the full development proposed on the Master Plan, including a point of discharge and water appropriation.

9.

That the flexibility permitted by these standards was used by the applicant to create a development of exceptional character.

D.

The Planning Commission shall conduct a thorough review of the proposed EDFD and Master Plan, hold a Public Hearing, document its findings in writing, and shall then make a recommendation to the Board of Commissioners as to approval or denial of the EDFD application and Master Plan.

E.

Upon receiving the Planning Commission's recommendation, the Board of Commissioners shall hold a Public Hearing and then determine whether the proposed EDFD and Master Plan should be approved or denied.

F.

Approval or denial by the Board of Commissioners is discretionary. The Board of Commissioners shall make written findings as to whether the applicant has met each of the criteria in subsection "C" above.

(Ord. No. 23-09, 8-21-23)

A.

Except as provided for in subsection "D" below, the uses permitted in an EDFD floating zone shall be as follows:

1.

Any use permitted in the general commercial (B-2) district.

2.

Any use permitted in the office, research, industrial (ORI) district.

3.

Any use permitted in the industrial park (I-P) district.

4.

Any use permitted in the Conservation-Recreation (C-R) district.

5.

Any use permitted in the Institutional (INST) district.

6.

Day care centers, children nursery, prekindergarten, and other private schools

B.

No use which is expressly prohibited in the B-2, ORI, or I-P districts shall be permitted in an EDFD floating zone.

C.

All uses subject to the performance standards or other qualifications in the ORI and I-P district shall be subject to the same standards and qualifications in an EDFD floating zone.

D.

No Master Plan shall be approved which does not devote at least fifty (50) percent of its floor area to the office, research, limited manufacturing and light industrial uses, that are permitted in the ORI and I-P districts.

(Ord. No. 23-09, 8-21-23)

Any use normally and customarily incidental to any use permitted as a matter of right in the EDFD is permitted as an accessory use on all properties in the EDFD.

(Ord. No. 23-09, 8-21-23)

There are no special exceptions in the EDFD.

(Ord. No. 23-09, 8-21-23)

The Board of Commissioners and the Planning Commission shall review the Master Plan with the rezoning application.

A.

Applications for development in the EDFD shall require approval of a Master Plan by the Board of Commissioners. The Master Plan shall meet the following standards in addition to all other applicable requirements of this chapter which do not conflict with the standards contained in this section. In cases where other standards within this title conflict with the standards contained in this section, only the standards contained in this section shall apply.

B.

Application Requirements. The following shall be included in the application:

1.

A map of the subject land of the Master Plan at a readable scale showing the existing zoning.

2.

A vicinity map at a scale of one inch equals two thousand (2,000) feet or less to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within one mile of the applicant's property.

3.

A topographic map of the property, at a minimum of 20-foot contour intervals, unless otherwise required by the Zoning Administrator, showing the existing surface of the land and the location of natural features, such as streams, rock outcrops and wooded areas.

4.

A land use plan showing the type, location, acreage, and density (including floor area ratio) of all proposed land uses as well as the general street layout and circulation pattern.

5.

A phasing schedule describing the timing and sequence of development.

6.

A forest stand delineation. Subsequent approvals of site plans or final plats for sections of the Master Plan shall be accompanied by a forest conservation plan.

7.

The approximate boundaries of any areas proposed for dedication of parks or open space.

8.

General details of the proposed street network including any shown on the Comprehensive Plan.

9.

General location of pedestrian walkways and recreation paths including the relationship of pedestrian connectivity with common areas and commercial development.

10.

General written and graphic details of the streetscape.

11.

General written and graphic details relative to lot and block design.

12.

Comparison of the dimensional requirements applicable to the underlying zoning district to those proposed as part of the master plan.

C.

Master Plan Design Standards.

1.

Subject to the standards contained herein and the zoning ordinance as applicable, any property applying for development approval in the EDFD shall be master planned. Building setbacks, proposed lot size, proposed building size, landscaping, buffer yard, lighting, pedestrian circulation, and architecture shall be determined by the Board of Commissioners, taking into consideration the recommendations from Planning Commission. In determining these requirements, the Board of Commissioners and the Planning Commission shall consider such factors as the proposed intensity of the development, use mix, design and compatibility with existing or anticipated development on surrounding lands, and the distance, spacing, and buffering, and screening which may be required between different land uses within the EDFD.

2.

A Master Plan must feature office and industrial uses and may include retail and retail service type uses.

3.

Notwithstanding the preceding, maximum building height shall not exceed forty-five (45) feet.

4.

Maximum floor area ratio. Maximum floor area ratio for each individual lot in the EDFD is 0.40. The Board of Commissioners may require a lower floor area ratio in the Master Plan if it finds that the maximum permitted floor area ratio would result in development that would not be compatible with anticipated development in the surrounding area or would create an unacceptable adverse environmental impact on or adjacent to the site.

5.

Minimum Open Space/Pervious surfaces. Not less than twenty (20) percent of the entire area comprising the Master Plan shall be pervious open space. For example, and not by way of limitation, set-backs, forested areas and stormwater management areas may be included in open space areas provided all such areas are pervious.

6.

If the project is located with frontage along US 15, the Master Plan shall include a corridor plan for the Catoctin Mountain Scenic Byway for such frontage. This plan shall include: any four-sided architecture, appropriate gateway signage, underground utility lines, and expansive setbacks from the highway right-of-way with appropriate landscaping to achieve no more than filtered views of buildings. The corridor plan must be approved by the Board of Commissioners as part of the Master Plan approval.

D.

Outdoor Storage. Outside storage of equipment, material or products will be permitted only as an accessory use to a principal permitted use, provided all materials are stored in an area completely enclosed and screened from view of the general public. No outdoor stockpiling is permitted in any front yard.

E.

Traffic Circulation and Pedestrian Linkages. On-site and off-site streets, traffic circulation patterns, and pedestrian linkages shall be adequate to accommodate the demands generated by the proposed development. Access points shall be pedestrian friendly. Pedestrian linkages shall connect various uses with each other. Where the Board of Commissioners deems appropriate, streets and pedestrian linkages shall be designed to link with those of adjacent existing or future developments.

F.

Development Phasing. A development shall be master planned as an integrated project with well-designed and coordinated transitions between various land uses and adjacent existing land uses. A phasing plan for various components of the development shall be approved by the Board of Commissioners as a component of Master Plan approval.

G.

The proposed development shall comply with the signage regulations outlined in Chapter 17.38, which cover general sign standards for non-residential districts, along with the specific standards specified in Section 17.38.170.

H.

Parking and Loading Standards. The Master Plan shall favor parking arrangements that distribute parking lots throughout the master planned development and that can be shared by multiple land uses over the conventional arrangements that result from applying the on-site parking requirements of Section 17.08.140 of this chapter.

I.

The Master Plan shall expire three years from the date of approval if a Site Plan or Subdivision Plat Approval has not been obtained for all or a portion of the project and the final approved Master Plan shall contain a note, prominently stated, acknowledging this condition. The Board of Commissioners shall have the right to grant reasonable extensions of the Master Plan approval. Any Master Plan which is materially amended shall remain valid for three years. The Board of Commissioners shall have the right to remove the EDFD floating zone at any future comprehensive rezoning if they believe the Master Plan is no longer feasible or appropriate.

J.

Minor Amendments.

1.

A property owner subject to an approved Master Plan may request an amendment to the terms and conditions of the approved Master Plan. Any request for an amendment shall be in writing.

2.

In each case, if the Zoning Administrator determines that the proposed amendment (1) does not involve a material change; (2) otherwise complies with the terms of this chapter, and (3) is in the interest of promoting health, safety, and welfare of the community, he/she shall deem such request as a proposal for a minor amendment and may approve the request.

a.

Material changes shall include the following:

i.

Proposed increase in FAR, except that occasioned by paragraph 2.a.ii. below.

ii.

Proposed increase of non-residential floor area greater than five percent.

iii.

Changes of use that are determined to be more intense.

iv.

Elimination of an approved project amenity or open space.

v.

Any proposed change which alters a condition of the Master Plan approval.

vi.

Substitution of an amenity with a non-comparable amenity.

vii.

Other changes of a similar scope, magnitude, or character.

b.

Non-material, or minor, changes may include the following:

i.

Relocation of site infrastructure (e.g., utilities, stormwater management) provided said relocation creates no adverse impact or removes a site amenity.

ii.

Addition or expansion of a park, open space, or recreational amenity.

iii.

Substitution of one project amenity with a comparable amenity.

iv.

Other changes of a similar scope or magnitude.

c.

Even if the Zoning Administrator determines that a proposed amendment is a non-material change, he/she shall retain the right to have said amendment reviewed and approved/denied by the Planning Commission and the Board of Commissioners.

d.

Any amendments approved shall be reflected on the approved Master Plan.

(Ord. No. 23-09, 8-21-23)

Site plan approval by the Emmitsburg Planning Commission is required for all uses in the EDFD, and every Master Plan shall contain a note requiring that a site plan enforcement agreement, requiring the property owner to execute and maintain all the features of the approved site plan, shall be executed prior to issuance of a building permit. The site plan enforcement agreement shall be signed by the property owner and the Mayor, on behalf of the Town, and the agreement shall also be binding upon the successors and assigns.

(Ord. No. 23-09, 8-21-23)

In the event the applicant (or subsequent owner) fails to comply with the standards herein set forth or those required by the Board of Commissioners or Planning Commission as appropriate, the Floating Zone approval shall, upon notice from the Board of Commissioners and following a public hearing, shall be revoked.

(Ord. No. 23-09, 8-21-23)