Neo-Traditional Residential Overlay District

Overlay zoning districts are authorized in the Town of Middletown. An overlay zoning district may be superimposed on another zoning district to permit uses otherwise disallowed in that district or to impose supplemental restrictions on uses in that district. Regulations and standards for an overlay zoning district are authorized in order to achieve the planning goals and objectives for development or redevelopment for an area and to provide uniform comprehensive development in an area.

(Ord. 08-01-02 § 1 (part), 2008)

A.

Land may be designated as being within an overlay zoning district as part of the comprehensive plan process. If land is designated as being within an overlay zoning district in the comprehensive plan, then the recommended boundaries of the district and the goals and objectives for the development and use of the land within the district must be stated in the plan.

B.

An application to establish an overlay zoning district on land may be submitted by a property owner or applicant or on the initiative of the town pursuant to the amendment provisions of Section 17.08.090 and other applicable provisions of this code.

(Ord. 08-01-02 § 1 (part), 2008)

A.

In designating land within an overlay zoning district on the zoning map, the applicable procedures set forth in Section 17.08.100 for processing and approving zoning amendments shall be followed.

B.

In the event of a conflict between the rules, regulations or other requirements for property within an overlay zoning district and the rules, regulations or other requirements for the underlying zoning district, then the rules, regulations or other requirements of the overlay zoning district shall control.

(Ord. 08-01-02 § 1 (part), 2008)

A.

Purpose. The applicant shall submit an overlay district master plan, the purpose of which is to present assurances that the development within the overlay zoning district will include the public facilities, amenities and other design features needed to support the smaller setbacks and greater design flexibility over and above that which would be required of the underlying zoning district.

B.

Application. The overlay district master plan application shall include the following minimum elements:

1.

An identification plat consisting of a boundary survey of the property prepared by a Maryland licensed surveyor. The boundary survey may also be used to amend the town zoning map. The identification plat shall include an accurate location and description of all permanent monuments. Where applicable and feasible the coordinates of all permanent markers or monuments should be based on the Maryland Coordinate System (Lambert Conformal Conic Project, adopted by Act of General Assembly 1939, Chapter 628).

2.

A subdivision plan that shall include:

a.

The boundary of the property in heavy outline;

b.

The location of proposed lots and approximate location of each building;

c.

The locations of vehicular and pedestrian systems and their relationship to adjoining properties;

d.

The location of land to be dedicated to public use;

e.

The location of land which is intended for common, quasi-public or amenity use, not proposed to be dedicated to public use;

f.

A table of development standards and general notes.

3.

A justification statement describing the manner in which the development will conform to the requirements of the overlay zoning district and the town's comprehensive plan.

4.

A development program stating the sequence in which the dwellings, open and amenity spaces, and vehicular and pedestrian circulation systems are to be developed.

5.

Design guidelines providing the reviewing authority with examples of the design concepts in conformity with the particular overlay zoning district requirements.

C.

Overlay District Master Plan Style and Form. An overlay district master plan shall include the following elements:

1.

The overlay district master plan shall include all pertinent information as to the existing site conditions, including but not limited to the following:

a.

Topography with five-foot contour intervals. Source of topographic information must be noted on the plan.

b.

Delineation of slopes greater than fifteen (15) percent.

c.

Location of water courses, floodplain areas, and wooded areas.

d.

Ownership information of the adjacent properties including, name and liber/folio or plat reference.

2.

The overlay district master plan shall depict, in heavy outline, the entire property proposed for development.

3.

The overlay district master plan shall be on a reproducible material at a scale no smaller than one inch per two hundred (200) feet and shall also be provided in an electronic format acceptable to the town planner.

4.

The overlay district master plan shall include a vicinity map showing the location of the site and its relationship within the town to roads and other major landmarks and points of interest.

5.

The overlay district master plan shall include the proposed development name, title information including the names, addresses, and contact information of the owners, developer, or affiliated consultant and the liber/folio or plat reference information.

6.

The overlay district master plan shall include a north arrow, graphic scale, date of submission of the plan and revision block.

D.

Reviewing Authority. The overlay district master plan shall be reviewed by the town planning staff, the planning commission and the burgess and commissioners.

E.

Procedure. An overlay district master plan to implement an overlay zoning district will be reviewed in the following manner.

1.

The applicant shall submit an overlay district master plan of the proposed development conforming to the requirements set forth in this section at least thirty (30) days prior to a scheduled meeting of the burgess and commissioners and shall request at that time that the matter be placed on the agenda for that meeting. The type(s) of copies required to be filed, and numbers of each type, shall be determined on a case-by-case basis by town planning staff, and shall be based on ensuring that sufficient numbers of copies are available for all reviewing agencies and authorities. The town planning staff may transmit copies to such other authorities as they deem appropriate for their consideration and comment.

2.

The overlay district master plan or an amendment to an approved overlay district master plan shall be introduced to the burgess and commissioners at a public meeting. The purpose of the introduction of the plan is to initiate the review of the application. The burgess and commissioners may reject the application at that meeting or may forward the application to the planning commission for its review and recommendations.

3.

If the burgess and commissioners refers an overlay zoning district application and overlay district master plan to the planning commission, the planning commission shall hold one or more public meetings to review, consider, discuss and evaluate the overlay district master plan application. The planning commission shall make a recommendation to the burgess and commissioners to either deny or approve the application or approve the application subject to conditions.

4.

Upon receipt of the planning commission's recommendation, the burgess and commissioners shall hold one or more public hearings to review, consider, discuss and evaluate the overlay district master plan application. Public notice of the purpose, time, date and place of the initial hearing shall be given at least one time at least fifteen (15) days prior to the hearing. After the hearing, the burgess and commissioners may approve, approve with conditions or changes, or deny the overlay district master plan application. The burgess and commissioners may accept or modify any planning commission recommended condition of approval.

F.

Review Criteria. In reviewing and approving an overlay district master plan application, the reviewing authorities shall give consideration to, among other things, the following minimum criteria:

1.

Whether the plan is in compliance with Article 66B of the Maryland Annotated Code;

2.

Whether the plan is consistent with the current Town of Middletown comprehensive plan;

3.

Whether the plan comports with sound planning principles and practices; and

4.

Whether the plan complies with the restrictions and principles specified for the requested overlay zoning district.

G.

Validity Period. The validity period of the overlay district master plan shall not expire.

H.

Amendment. Amendments may be requested by the original applicant or their successors, assigns, personal representatives or heirs. All such amendment requests shall be reviewed and considered using the procedures stated in this article.

I.

Upon approval by the burgess and commissioners of the overlay district master plan for the overlay zoning district, the subject property shall be designated on the town's zoning map as being within the requested overlay district. Thereafter, the procedures set forth herein for submission of a preliminary plat, site improvement plan of development, final plat and other applicable requirements shall be followed.

(Ord. 08-01-02 § 1 (part), 2008)

A.

Purpose. The purpose of the preliminary plat is to ensure adequate implementation of the overlay district master plan. The preliminary plat is intended to depict the general design of required infrastructure, to include roads, water, sewer, storm drainage, electrical and gas service and the general building envelope of proposed lots and proposed structures.

B.

Style and Form. A preliminary plat shall include the following elements:

1.

The preliminary plat shall provide all pertinent information as to the existing site conditions, property ownership or similar information that may be necessary to properly consider the proposed development.

2.

The preliminary plat shall depict the entire property proposed for development.

3.

The preliminary plat shall be drawn in ink, on a reproducible material at a scale no larger than one inch per one hundred (100) feet and shall also be provided in an electronic format acceptable to the town planner. If drawn on more than one sheet a key map must be provided on the plat.

4.

The preliminary plat shall include a vicinity map showing the location of the site and its relationship within the town, roads, and major landmarks and points of interest.

5.

The preliminary plat shall include the proposed subdivision or development name, title information including the names, addresses, and contact information of the owners, developer, or affiliated consultant and the liber/folio or plat reference information.

6.

The preliminary plat shall include a north arrow, graphic scale, date of submission and revision block.

C.

Contents. At a minimum, the preliminary plat shall include:

1.

Existing Physical Conditions.

a.

Boundaries: boundaries of the land being subdivided in heavy outline and the acreage therein. The boundary must be accurate with dimensions to the one one-hundredths of a foot. The names of all adjacent property owners must be shown.

b.

Topography: topographic contours at a minimum of five-foot intervals. Contours shall extend one hundred (100) feet beyond the subdivision boundary except across a public road.

c.

Physical features: watercourses, flood plain areas, wooded areas, the locations and outlines of permanent buildings, transmission lines, pipe lines, other utilities, bridges and any other significant physical items, with the sizes and grades of any water or sewer lines.

d.

Streets and roads: locations, widths, and names of all existing roads, streets, alleys, or other public ways within or adjoining the development or intersecting any street that bounds it, including those recorded but unimproved (shown by dotted lines), railroad, utility, or other rights-of-way or easements, parks, and other public spaces, subdivisions, lots, property lines and corporate lines.

2.

Proposed Development Information.

D.

Reviewing Authority. The preliminary plat shall be reviewed by the town planning staff and planning commission and approved by the planning commission.

E.

Procedure. An application for a preliminary plat to utilize an overlay zone will be reviewed in the following manner.

1.

The applicant shall prepare a preliminary plat or an amendment to an approved preliminary plat conforming to the requirements set forth in this article. At least thirty (30) days prior to a regularly scheduled meeting of the planning commission, the plat shall be filed with town planning staff. The type(s) of copies required to be filed, and numbers of each type, shall be determined on a case-by-case basis by town planning staff and shall be based on ensuring that sufficient numbers of copies are available for all reviewing agencies and authorities. Town planning staff shall transmit copies to any authorities required or deemed appropriate for such action as may be required.

2.

The town planning staff shall review the preliminary plat for conformity with the project overlay district master plan, the town comprehensive plan, Title 17 of the code of the Town of Middletown, and other applicable provisions, and with the principles, standards and requirements set forth herein.

3.

The planning commission shall review the preliminary plat at a public meeting, after which it shall approve the preliminary plat or approve the preliminary plat subject to specific changes or modifications.

4.

After a preliminary plat has been approved, the applicant shall provide to the town planning staff a yearly report in which it shall advise the planning staff of the progress of its development and to inform the staff of any information which it has supplied to any other reviewing agencies. The yearly report must be received by town planning staff no later than the third Friday in the month of December of each year. The yearly reporting requirement shall cease upon completion and acceptance by the town of all required infrastructure as set forth in the most current approved preliminary plat.

F.

Review Criteria. A preliminary plat application shall be reviewed and approved based on compliance with the following minimum criteria:

1.

Whether the preliminary plat is consistent with the approved overlay district master plan and the procedural requirements for the submission of the overlay district master plan as required herein;

2.

Whether the preliminary plat is in compliance with the requirements of this article;

3.

Whether the preliminary plat is consistent with the town's comprehensive plan; and

4.

Whether the preliminary plat meets sound planning principles and practices as determined by the reviewing authority.

G.

Validity Period. The approval of the preliminary plat shall remain valid for seven years; provided, however, that if the developer fails to provide a yearly report within thirty (30) days of the required filing period, the town planning staff shall notify the applicant, by certified mail, of their intent to invalidate the preliminary plat. The applicant shall then have thirty (30) days to supply the yearly report, and the failure to submit the report shall immediately invalidate the preliminary plat without any further action.

H.

Amendment. Amendments may be filed by the original applicant or their successors, assigns, personal representatives or heirs, subject to the review procedure as stated in this article.

(Ord. 08-01-02 § 1 (part), 2008)

A.

Purpose. The purpose of the site improvement plan of development is to ensure that the property is developed in accordance with the approved project overlay district master plan, preliminary plat, and with the provisions of the particular overlay zoning district and with sound planning and design principles.

B.

Site Improvement Plan of Development. Upon approval of the preliminary plat, the applicant shall prepare and submit to the planning commission copies of plans for the installation of improvements in accordance with the requirements of Title 16 of the code of the Town of Middletown. The type(s) of copies required to be filed, and numbers of each type, shall be determined on a case-by-case basis by town planning staff and shall be based on ensuring that sufficient numbers of copies are available for all reviewing agencies and authorities. All such improvements shall be designed in compliance with and to the standards, plans, and specifications set forth in this chapter. Copies of such improvement plans will be referred by the planning commission to the appropriate officials for review and approval, subject to such changes or conditions as in their judgment may be required. Said plans shall then be returned to planning commission, which will notify the applicant of its approval or disapproval. Plans for the installation of improvements need not be prepared at any time to cover more than the portion of the subdivision which is to be included in a final plat.

C.

Required Information and Content. The site improvement plan of development is subject to the requirements of Title 16. Improvements of the code of the Town of Middletown, except to the extent that those requirements are inconsistent with the requirements of this chapter.

(Ord. 08-01-02 § 1 (part), 2008)

A.

At least thirty (30) days prior to a regularly scheduled meeting of the planning commission, the applicant shall file with the planning commission a final plat, drawn with ink on mylar and shall also be provided in an electronic format acceptable to the town planner. Black-line mylar prints of the final plat, and black-line or blue-line paper prints of the final plat shall be submitted, in sufficient numbers as determined by the town planning staff, as well as an electronic copy acceptable to the town planner.

B.

A final plat may include all of the property covered by the preliminary plat or may be limited to any portion thereof that is intended to be developed as a unit. Additional final plats may be submitted at a subsequent time and may cover additional portions or sections of the property, provided the preliminary plat is still valid. Every final plat shall be substantially in accordance with the approved preliminary plat, including such changes or additions as may have been required by the planning commission as a condition to its approval, and it shall conform in every respect with the requirements specified in Title 16.

(Ord. 08-01-02 § 1 (part), 2008)

Upon the submission of a master plan for an overlay zoning district in accordance with this chapter, the applicant shall pay to the town a review fee of one thousand dollars ($1,000.00) plus ten dollars ($10.00) for each lot to be established on the property subject to the overlay zoning district. This fee shall be included among the fee schedule set forth in the planning and zoning fee policy maintained by the town.

(Ord. 08-03-01 § 1, 2008)

There shall be a neo-traditional residential overlay (NTR) district in the Town of Middletown. The NTR overlay district is a mapped overlay district which may be superimposed only in the R-3 residential (R3) zoning district. The NTR district is intended to permit planned development in the R-3 zoning district in order to preserve an aesthetically pleasing appearance in that district, to avoid the creation of nuisance or nuisance-like conditions in that district, to protect the value of other property or investments within that district, and to reduce the impact of its residential uses in surrounding districts. The establishment and placement of an NTR district should be such that neo-traditional single-family and duplex dwellings may be grouped together in an attractive and convenient manner at locations that will not adversely impact upon surrounding areas. The establishment and placement of an NTR district must provide for appropriate vehicular accessibility to major thoroughfares which service the community and surrounding area.

(Ord. 08-01-02 § 1 (part), 2008)

The NTR district may only be designated upon property which is located in the R-3 district subject to the following:

A.

The property shall have frontage to a collector road.

(Ord. 08-01-02 § 1 (part), 2008)

In the NTR district, no building or structure may be erected or used and no land may be used or occupied except for the following uses:

A.

Single-family dwellings and duplexes;

B.

Churches, public schools, libraries and parks, and senior centers;

C.

Playgrounds;

D.

Home occupations.

(Ord. 08-01-02 § 1 (part), 2008)

There shall be no special exceptions in the NTR district.

(Ord. 08-01-02 § 1 (part), 2008)

A.

In an NTR district, the site and development design shall be planned in such manner as to give consideration to the preservation of existing natural or otherwise attractive and appealing landscapes and views, including consideration of the preservation of steep slopes as per the town comprehensive plan.

B.

In an NTR district, the site and development design shall be planned to provide off-street parking and loading in accordance with the schedule in Chapter 17.32. The parking and storage of not more than one unlicensed or inoperative motor vehicle is permitted provided that such a vehicle is effectively screened from adjoining properties.

C.

An amendment to an approved overlay district master plan, preliminary plat, or site plan may, at the discretion of the planning commission, be submitted and considered concurrently with a pending preliminary plat.

(Ord. 08-01-02 § 1 (part), 2008)

A.

Density. The overall density of the project shall be in conformance with the R-3 zoning district.

B.

Lot Area and Yard Requirements. The minimum lot area single-family dwelling shall be six thousand (6,000) square feet. The minimum lot area per duplex (two dwelling units) shall be eight thousand (8,000) square feet. The minimum lot width per structure for a single-family dwelling shall be sixty (60) feet, and the minimum lot width per structure for a duplex shall be forty (40) feet per duplex unit. The minimum yard areas shall be as follows:

1.

Front yard: fifteen (15) feet from a public street;

2.

Side yard: eight feet for a single-family dwelling
eight feet one side only for a duplex dwelling (one side per dwelling);

3.

Rear yard: twenty (20) feet (except that a detached garage accessory structure accessed via a rear alley system shall have a rear yard setback of eighteen (18) feet: or except that a detached garage accessory structure accessed via a front-loaded driveway shall have a rear yard setback of four feet.)

These minimum standards may be modified by the planning commission, in accordance with the master plan design guidelines.

C.

Accessory Structures. The minimum side yard setback for an accessory structure shall be three feet.

D.

Height Limitation. Building height is limited to a maximum of thirty-six (36) feet in height.

E.

Design Guidelines. The following design guidelines are intended to promote development that is consistent with adopted goals and objectives from the town's comprehensive plan. The following guidelines encourage a higher level of design quality while at the same time providing the flexibility to encourage creativity and innovation on the part of developers and designers.

1.

Purpose. The purpose of these guidelines is to:

a.

Provide the town with context-sensitive site planning and building design;

b.

Improve the visual appearance along street corridors;

c.

Improve access and circulation to and within the overlay district;

d.

Improve sales and property values; and

e.

Encourage appropriate design linkages between sites.

2.

Site Layout/Development Patterns.

a.

Street frontages shall include a decorative element, like walls, signage, or landscaping, to create a unifying element.

b.

Dwelling facades shall orient towards the primary street or active pedestrian zone within the site to create an inviting image.

c.

Consideration shall be given to the open space sites to incorporate landscape elements and pedestrian connections.

d.

Service, loading, and dumpster areas at the open space site(s) shall be appropriately orientated and visually screened from public rights-of-way and adjacent dwelling units.

3.

Vehicular Circulation.

a.

Internal circulation shall provide a clear visible path to provide safe, convenient and efficient access within and between dwellings and the open space site(s).

b.

To the maximum extent feasible, the number of entry driveways on a thoroughfare shall be minimized in order to reduce the number of conflicting points and facilitate traffic flow.

c.

Internal vehicle circulation patterns shall provide a clear path to the open space sites and to each parking area.

d.

Alleys may be approved in the overlay district at the discretion of the planning commission.

e.

Internal intersections shall have adequate site lines, design geometries and/or traffic controls to minimize accident potential.

4.

Pedestrian Access and Circulation.

a.

An on-site system of pedestrian walkways shall be designed to provide direct access and connections to and between the residential dwellings and the open space sites, any sidewalks or walkways on adjacent properties that extend to the boundaries shared with the development, and site amenities or gathering places.

b.

Connections between the onsite (internal) pedestrian walkway network and any public sidewalk system shall be provided at regular intervals as appropriate to provide easy access from the public sidewalk to the interior walkway network.

c.

All on-site pedestrian walkways and sidewalks shall be a minimum of four feet wide. Walkways and sidewalks which are adjacent to a parking area where vehicles may overhang the walkway shall be seven feet wide; provided, however, if wheel stops are present and used in the parking area to prevent the vehicle overhang, then such walkways and sidewalks may be a minimum of four feet wide.

d.

Pathways are encouraged as an amenity and as an alternative means to accomplish pedestrian connectivity. Pathways shall be located in a cleared way of no less than six feet and are required to include a durable surface, like concrete or asphalt.

5.

Parking.

a.

In order to reduce the scale of large surface parking areas, the total amount of surface parking provided shall incorporate landscape elements.

b.

Parking blocks shall be separated from each other by landscaping, access drives or public streets, pedestrian walkways, or buildings.

c.

To the extent feasible, parking shall be oriented to minimize visual and noise impacts.

6.

Buildings—Consistency of Style. Building design creates or adds to the visual interest of a streetscape and is a unifying element. Building height, scale, and massing can be used to emphasize consistency of style.

a.

Building Facades. Each building facade shall have a unifying design element which may include instances of such design elements as color change, texture changes, material module change, or expression of an architectural or structural bay.

b.

Building Materials. The exterior materials and colors used in a building's design create impressions of not only the individual building but of the image of the overall overlay district. All buildings shall be constructed or clad with materials that are durable, economically maintained, and of a quality that will retain their appearance over time.

c.

Building Color. Color schemes shall tie building elements together, relate separate buildings within the same development together, and shall be used to enhance the architectural form of a building.

7.

Landscaping. Landscaping is intended to visually tie the entire development together, define major entryways and circulation (both vehicular and pedestrian) and parking patterns.

a.

Street Edge. The consistent use of planting along street edges provides visual cohesion along streets and helps buffer automobile traffic. The intent of these standards is to provide an attractive environment along street edges that gives visual relief from continuous hard street edges, focuses views for both pedestrians and motorists, and expresses a sense of scale and character.)

b.

Parking Lot Landscaping. Parking lot landscaping shall be used to minimize the expansive appearance of parking lots, provide shaded parking areas, and mitigate acoustic and visual impact of motor vehicles.

8.

Lighting. Applicants shall submit a lighting plan with the site improvement plan of development. The lighting plan shall include measurements to the property line and the necessary area of the adjacent property.

a.

A point-by-point calculation to show lighting levels in the development site is required.

b.

A cut sheet of proposed fixtures, including candlepower, bulb wattage and type, and pole types and heights shall be provided.

c.

Security lighting shall be fully shielded.

d.

Light fixtures shall use cutoff lenses or hoods to prevent glare and light spill off the development site onto adjacent properties, buildings, and roadways.

e.

In order to maintain continuity and reinforce unifying elements, lighting fixtures shall maintain the same architectural level of detail and style throughout the overlay district.

9.

Signage. Signage is intended to visually tie the development together, give direction, and allow an element of marketability. Applicants shall submit a signage plan with the site improvement plan of development as indicated in Chapter 17.36 Signs and all signs shall conform to the provisions set forth in that chapter.

(Ord. No. 23-03-03, § III, 4-10-2023; Ord. No. 20-08-01, § III, 9-14-2020; Ord. 08-01-02 § 1 (part), 2008)