Myersville City Zoning Code
ARTICLE XVIII
Overlay Zones
§ 165-140 Purpose and intent.
Overlay zoning districts are authorized in the Town of Myersville. 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.
§ 165-141 Location.
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; or
§ 165-142 Procedure for application and approval.
A.
In designating land within an overlay zoning district on the Zoning Map, the applicable procedures set forth in Article XV of this chapter 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.
§ 165-143 Overlay district master plan.
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 greater density and design flexibility over and above that which would be required of the underlying zoning district. The HTC District does not require an overlay district master plan.
[Amended 4-11-2017 by Ord. No. 2017-02]
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 land use plan that shall include:
(a)
The boundary of the property in heavy outline.
(b)
The location of proposed uses as land bays. The land bays should include the general bulk and height and gross floor area of proposed structures.
(c)
The general 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 structures, 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 land use 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 25%.
(c)
Location of watercourses, 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 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 Planning Commission and the Mayor and Town Council.
[Amended 4-11-2017 by Ord. No. 2017-02]
E.
Procedure. An overlay district master plan to implement an overlay zoning district will be reviewed in the following manner:
[Amended 5-14-2013 by Ord. No. 2013-03]
(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 30 days prior to a scheduled meeting of the Town Council 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 Council at a public meeting. The purpose of the introduction of the plan is to initiate the review of the application. The Council shall forward the application to the Planning Commission for its review and recommendations unless the application is deemed incomplete or is determined by the Town Planner to be substantially similar to an application that was rejected not more than one year from the date of the Council's previous rejection. If the application is determined to be substantially similar, then it shall be rejected by the Council. If the Council forwards the application, it may transmit comments for consideration by the Planning Commission.
[Amended 4-11-2017 by Ord. No. 2017-02]
(3)
If the Council refers an overlay zoning district application and overlay district master plan to the Planning Commission, the Planning Commission shall hold one or more public hearings to review, consider, discuss and evaluate the overlay district master plan application. Revisions made to the filed site master plan or amendment following the referral by the Council as proscribed in § 165-143E(1) and (2), but prior to the Planning Commission's required public hearing, shall be returned to the Council for review in accord with § 165-143 as if the application shall be anew. The Planning Commission shall make a recommendation to the Council to either deny or approve the application or approve the application subject to conditions. Minor revisions, as determined by the Town Planner, to the processed application may be permitted after the Planning Commission makes its recommendation without requiring a resubmission to the Planning Commission.
(4)
Upon receipt of the Planning Commission's recommendation, the Council 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 15 days prior to the hearing. After the hearing, the Council may approve, approve with conditions or changes, or deny the overlay district master plan application. The Town Council 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 the Land Use Article of the Maryland Annotated Code;
[Amended 4-11-2017 by Ord. No. 2017-02]
(2)
Whether the plan is consistent with the Town of Myersville 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 his/her 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 Mayor and Council 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 sketch plat, site improvement plan of development, final plat and other applicable requirements shall be followed.
§ 165-144 Sketch plat.
A.
Purpose. The purpose of the sketch plat is to ensure adequate implementation of the overlay district master plan. The sketch 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 or lease areas and proposed structures.
B.
Style and form. A sketch plat shall include the following elements:
(1)
The sketch 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 sketch plat shall depict the entire property proposed for development.
(3)
The sketch plat shall be drawn in ink, on a reproducible material at a scale no larger than one inch per 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 sketch plat shall include a vicinity map showing the location of the site and its relationship within the project overlay district master plan, the Town, roads, and major landmarks and points of interest.
(5)
The sketch 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 sketch plat shall include a North arrow, graphic scale, date of submission and revision block.
C.
Contents. At a minimum, the sketch 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 1/100 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 100 feet beyond the subdivision boundary except across a public road.
(c)
Physical features: watercourses, floodplain 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.
(a)
Street pattern: layout, widths, proposed roads, streets, proposed names for streets and roads, alleys, crosswalks, and easements.
(b)
Lots/Lease area: establishes the maximum building envelope, inclusive of common ownership parcels, lots and lease areas.
(c)
Open spaces: parcels of land intended to be conveyed or temporarily reserved for public use or for the joint use of property owners, with an explanation of the provisions or conditions of such conveyance or reservation and the proposed arrangements for ownership and maintenance.
(d)
Street grades: tentative grades on each public street shall be required.
(e)
Utilities: general locations for utilities and drainage facilities proposed.
(f)
Building setback: building setback lines within the building envelope along all streets and boundaries of the property, with the amount of setback indicated.
D.
Reviewing authority. The sketch plat shall be reviewed by the Town planning staff and Planning Commission and approved by the Planning Commission.
E.
Procedure. An application for a sketch plat to utilize an overlay zone will be reviewed in the following manner:
(1)
The applicant shall prepare a sketch plat or an amendment to an approved sketch plat conforming to the requirements set forth in this article. At least 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 sketch plat for conformity with the project overlay district master plan, the Town Comprehensive Plan, Chapter 165 of the Code of the Town of Myersville, and other applicable provisions, and with the principles, standards and requirements set forth herein.
(3)
The Planning Commission shall review the sketch plat at a public meeting, after which it shall approve the sketch plat or approve the sketch plat subject to specific changes or modifications.
(4)
After a sketch 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 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 second 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 sketch plat.
F.
Review criteria. A sketch plat application shall be reviewed and approved based on compliance with the following minimum criteria:
(1)
Whether the sketch 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 sketch plat is in compliance with the requirements of this article;
(3)
Whether the sketch plat is consistent with the Town's Comprehensive Plan; and
(4)
Whether the sketch plat meets sound planning principles and practices as determined by the reviewing authority.
G.
Validity period. The approval of the sketch plat shall remain valid for seven years; provided, however, that if the developer fails to provide a yearly report within 30 days of the required filing period, the Town planning staff shall notify the applicant, by certified mail, of their intent to invalidate the sketch plat. The applicant shall then have 30 days to supply the yearly report, and the failure to submit the report shall immediately invalidate the sketch plat without any further action.
H.
Amendment. Amendments may be filed by the original applicant or its successors, assigns, personal representatives or heirs, subject to the review procedure as stated in this article.
§ 165-145 Site improvement plan of development.
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, sketch 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 sketch 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 Chapter 130, Article VI, of the Code of the Town of Myersville. 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.
§ 165-146 Submission of final plat.
A.
At least 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 which 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 sketch 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 sketch plat is still valid. Every final plat shall be substantially in accordance with the approved sketch 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 Chapter 130, Article VII.
§ 165-149 (Reserved)
PART II - Specific Overlay Zoning Districts |
§ 165-150 (Reserved) [1]
[1]
Editor's Note: Former § 165-150, Highway Employment Overlay (HEO) District, as amended, was repealed 9-14-2021 by Ord. No. 2021-09.
§ 165-151 Historic Town Center (HTC) Overlay District.
[Added 4-11-2017 by Ord. No. 2017-02]
A.
Purpose and intent. There shall be an Historic Town Center (HTC) Overlay District. The HTC Overlay District is a mapped overlay district which may be superimposed only in the Village Center (VC) District. The HTC District is intended to permit planned development in the VC 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 historic character within that district, and to promote reinvestment and revitalization within that district. The establishment and placement of an HTC District should be such that multifamily residential and commercial activities may be grouped together in an attractive and convenient manner, sensitive to the historic character of the surrounding community. The establishment and placement of an HTC District must provide for appropriate pedestrian access routes to allow pedestrian connectivity to desirable services and businesses within that district.
B.
Permitted uses. In the HTC District, no building or structure may be erected or used and no land may be used or occupied except for the following principal uses:
(1)
Parks and other public open space areas.
(2)
Public buildings and facilities.
(3)
Multifamily dwellings.
(4)
General merchandise, variety or department stores, retail.
(5)
Food, groceries, retail.
(6)
Apparel and accessories, retail.
(7)
Furniture, home furnishings and equipment, retail.
(8)
Paint, glass, wallpaper and hardware, retail.
(9)
Heating, plumbing and electrical equipment, retail.
(10)
Finance, insurance and real estate services.
(11)
Personal services, laundry, barber, beautician, funeral.
(12)
Business services, advertising, employment, consulting.
(13)
Professional services, medical, dental, legal, engineering.
(14)
Commercial recreation.
(15)
Private and commercial schools, dance, business, day care, trade.
(16)
Eating and drinking establishments, restaurants.
(17)
Single-family detached dwellings.
[Added 4-12-2022 by Ord. No. 2022-01]
(18)
Duplex dwellings.
[Added 4-12-2022 by Ord. No. 2022-01]
(19)
Townhouse dwellings.
[Added 4-12-2022 by Ord. No. 2022-01]
C.
E.
Special conditions.
(1)
In an HTC District, processes and equipment employed and goods processed or sold shall be limited to those which are not hazardous to public health and safety or which are not a nuisance, nuisance-like or objectionable by reason of hazard, odor, dust, smoke, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste.
(2)
In an HTC District, the site and development design should be planned in such a manner as to give consideration to the preservation of existing historic features, architecture and character.
(3)
In an HTC District, the site and development design should be planned to accommodate off-street parking only for the uses proposed on the site improvement plan. Off-street parking for uses other than those approved on an approved site improvement plan is prohibited.
(4)
An amendment to an approved overlay district master plan, sketch plat, or site plan may, at the discretion of the Planning Commission, be submitted and considered concurrently with a pending sketch plat.
(5)
In an HTC District, a public hearing must be held by the Planning Commission prior to the issuance of a zoning certificate for the demolition of any building greater than 500 square feet in area by the Zoning Administrator.
F.
Development standards.
(1)
In the HTC District, the minimum standards apply to each lot of record:
(a)
Each lot shall have frontage on a public road and shall have a minimum frontage of 35 feet on that road.
(b)
There shall be no minimum lot area.
(c)
The minimum front yard depth shall be 15 feet from a public street on which the lot fronts.
(d)
The minimum side yard width shall be eight (8) feet from the side yard lot lines.
(e)
The minimum rear yard depth shall be 20 feet from the rear yard lot lines.
(2)
The maximum height limitation is 2 1/2 stories.
(3)
Site plan fee. A fee shall be paid by the applicant for each site plan when submitted to the Planning Commission to partially defray the costs of examination and consideration of the site plan in accordance with these regulations. Such fees shall be established, from time to time, by the Town Council upon the recommendation of the Planning Commission. The fee schedule shall be maintained on file in the office of the Town Clerk.