Queen Annes County Unincorporated
City Zoning Code
City Zoning Code
PART 3
Zoning Districts
§ 18:1-8 Division of County into districts.
The unincorporated areas of Queen Anne's County, Maryland, are hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district to implement the Official Queen Anne's County Comprehensive Plan and related official plans and the Zoning Maps and to serve the other purposes of this Chapter 18:1 as provided in Part 2 of this Chapter 18:1.
§ 18:1-9 Zoning districts enumerated.
[Amended 6-23-2009 by Ord. No. 09-05; 10-27-2009 by Ord. No. 09-11; 12-12-2017 by Ord. No. 17-15; 8-26-2025 by Ord. No. 25-10]
For the purpose of this Chapter 18:1 the County is hereby divided into zoning districts that are designated as follows:
A.
Agricultural (AG) District;
B.
Countryside (CS) District;
C.
Estate (E) District;
D.
Suburban Estate (SE) District;
E.
Suburban Residential (SR) District;
F.
Neighborhood Conservation (NC) District;
G.
Urban Residential (UR) District;
H.
Suburban Commercial (SC) District;
I.
Urban Commercial (UC) District;
J.
Suburban Industrial (SI) District;
K.
Light Industrial Highway Service (LIHS) District;
L.
Village Center (VC) District;
M.
Waterfront Village Center (WVC) District;
N.
Chester Master-Planned Development (CMPD) District;
O.
Town Center (TC) District;
P.
Grasonville Planned Residential Neighborhood (GPRN) District;
Q.
Stevensville Master-Planned Development (SMPD) District;
R.
Stevensville Historic Village Center (SHVC) District;
S.
Grasonville Neighborhood Commercial (GNC) District;
T.
Grasonville Village Commercial (GVC) District;
U.
Airport Development (AD) District;
V.
Suburban Industrial Business Employment (SIBE) District;
W.
Kent Island Suburban Commercial (KISC) District;
X.
Neighborhood and Village Center (NVC) District.
§ 18:1-10 Map of Zoning District.
§ 18:1-11 Interpretation of district boundaries.
A.
In general. The following rules shall be used to determine the precise location of any zone boundary shown on the Zoning Maps.
B.
Municipal corporations. Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits.
C.
Roads and streets. Boundaries shown as following or approximately following roads and streets shall be construed to follow the center lines of such roads and streets.
D.
Tax maps. Boundary lines which follow or approximately follow platted lot lines or other property lines as shown on the Queen Anne's County Tax Maps shall be construed as following such lines.
E.
Watercourses. Boundaries shown as following or approximately following the center lines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel center line of such watercourses taken at mean low water, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zone boundary shall be construed as moving with the channel center line.
G.
Abandoned public streets. Any abandoned public street shall have the adjoining boundary extended to the center line of the street.
§ 18:1-12 Permitted uses in open space.
A.
The following are permitted or conditional uses allowed in open space areas required by this Chapter 18:1. Any use not specifically listed below is not permitted in required open space areas.
[Amended 6-12-2007 by Ord. No. 06-22; 8-19-2008 by Ord. No. 08-15; 12-13-2011 by Ord. No. 11-07; 8-13-2013 by Ord. No. 13-15; 1-23-2018 by Ord. No. 17-17]
A | B | C | ||
|---|---|---|---|---|
Non- contiguous Open Space/TDR | Multifamily/ Manufactured Home Community/ Master Planned Residential Development | Single-Family Cluster Development | ||
Allowable Uses | NC | All Other | ||
Agricultural uses | Y | N | Y | Y |
Fields or pastures | Y | Y | Y | Y |
Accessory building | Y | Y | Y | C |
Commercial forestry | Y | N | C | C |
Noncommercial forestry | Y | N | Y | Y |
Commercial stables | Y | N | C | C |
Public recreation | Y* | N | N | N |
Private stables | Y | N | Y | Y |
Nurseries | Y | C | C | Y |
Farm employee dwelling | Y/N | N | N | Y |
Drainage structures | Y | C | Y | Y |
Minor extraction that does not require the issuance of a surface mining permit in accordance with COMAR 26.21.01.08 (C), (D), (E) and (F) | Y | N | C | Y |
Minor extraction and dredge disposal uses that require issuance of a surface mining permit on a transferor parcel, provided the parcel has not been subject to a cluster subdivision nor is the parcel a developed parcel for noncontiguous development | Y | N | C | Y |
Minor extraction and dredge disposal uses that require issuance of a surface mining permit on a parcel that has been subject to a cluster subdivision or a parcel that is a developed parcel for noncontiguous development | C | N | C | C |
Shooting clubs | C | N | C | C |
Outdoor recreation | C | Y** | C | C |
NOTES: * Public recreational uses that include more than 10,000 square feet of enclosed floor area or are greater than one story in height shall be allowed only as a conditional use. | ||||
B.
Open space required by this Chapter 18 may not be provided on cluster lots created through cluster subdivision or planned residential development.
C.
The landowner shall only deed restrict the amount of open space land required to support the proposed development. Deed restricted area shall be graphically depicted on the plat with metes and bounds. (This section does not apply to apartment development as defined in Chapter 18App, Appendix A: Glossary.)
D.
For cluster subdivisions only, the open space may be administratively reconfigured to accommodate changes for building pad sites, perc sites, and lot lines, but may not be used to create additional lots.
[Amended 5-13-2008 by Ord. No. 08-03]
E.
The location of the deed restricted land shall be labeled on the plat. (Example: AG cluster open space or noncontiguous open space.)
F.
Lands not included in the subdivided lots, used for roads, or deed restricted open space shall be labeled as "future development potential" on plats.
G.
The proposed commercial harvest shall be outlined in a timber harvest plan that has been prepared by a licensed professional forester and approved by a Department of Natural Resources Forester and/or the County Forestry Board, as appropriate.
[Added 6-12-2007 by Ord. No. 06-22; amended 8-13-2013 by Ord. No. 13-15]
§ 18:1-13 General district regulations.
A.
Purpose. The purpose of this section is:
(1)
To specify the uses allowed in each zoning district;
(2)
To specify the uses allowed in a given zoning district only upon obtaining conditional use approval; and
(3)
To establish the minimum and maximum standards for the density of residential uses, the intensity of commercial uses, the size of lots, the size of yards and other open spaces, and the height of buildings.
D.
Uses not permitted.
(1)
No building permit shall be issued for a use not listed or described by category in this section.
(2)
The intent of this section is to group similar or compatible land uses into specific zoning districts, either as permitted uses or as uses permitted following conditional use approval. Uses not listed as a permitted or conditional use shall be presumed to be prohibited from the applicable zoning district. The Planning Director may determine whether a proposed use is materially similar to a use in this section listed as a permitted or conditional use in this section.
(3)
Should the Planning Director determine that a proposed use not specifically listed in this section is materially similar to a listed use, the regulations governing the listed use shall apply to the use not listed and the Planning Director's decisions shall be in writing. The Planning Director shall not determine that an unlisted use is materially similar to a listed use unless the unlisted use is similar in impact on public facilities and adjacent land uses.
(4)
Should the Planning Director determine that a materially similar use does not exist, the matter may be referred to the Planning Commission for consideration for amendment to this Chapter 18:1 to establish a specific listing for the use in question.
(5)
As authorized by the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland, § 36-407(b)(1), on-site cannabis consumption establishments are prohibited in all zoning districts.
[Added 3-12-2024 by Ord. No. 24-04]
E.
Application of other laws.
(2)
The laws of the state and the regulations of the County's Department of Health regarding water supply and waste disposal shall be adhered to.
(3)
A zoning certificate or building permit may not be issued until approval is obtained from the County's Department of Health for water supply and sewage disposal, unless the premises are served by County owned water and/or sewage treatment facilities.
F.
Access lots.
(1)
Notwithstanding any other provision of this Chapter 18, in instances where an access lot provides the only access to another lot that is located in a different zoning district, the Planning Commission may authorize the construction and use of a driveway across the access lot.
G.
Parcels within a district. Although a use may be permitted or conditionally permitted in a particular district, a use is not permitted or permissible on every parcel unless the use can be located on a parcel in full compliance with all of the density and dimensional requirements and other regulations of this Chapter 18 applicable to the specific use and parcel.
H.
Density/intensity requirements.
(1)
All proposed land uses shall meet the applicable residential density or nonresidential intensity requirements set forth in this section.
(2)
For development proposals that include both residential and nonresidential uses, whether existing or proposed, density shall be calculated for only that portion of the property given to residential use, and floor area and impervious surface ratios shall be calculated only for that portion of the property given to nonresidential use.
(3)
The density and intensity requirements set forth in this section are required standards, and are not guarantees that certain densities or intensities can be reached on a particular site. Other regulations or site-specific conditions may further limit development on a site.
I.
Dimensional and bulk requirements.
(2)
The dimensional and bulk requirements set forth in this section are required standards, and are not guarantees that certain maximums or minimums can be reached on a particular site. Other regulations or site-specific conditions may further limit development on a site. In cases where the buffer yard exceeds any minimum setback, the more restrictive shall apply.
(3)
Any nonresidential detached structures on a lot shall be placed at least 15 feet apart from one another. Uses associated with agriculture shall be exempt from building separation requirements. In cases where two setback requirements apply, the more restrictive shall govern. In cases where no dimensional or bulk requirement is given for a particular use or district, that requirement is presumed not to apply. Residential development on a lot of record shall be governed by dimensional and bulk requirements applicable to large-lot subdivisions.
K.
Special restrictions on large-lot, sliding-scale, and single-family cluster subdivisions.
(1)
A lot or parcel, or a part thereof, created by single-family large-lot or large-lot agricultural subdivision meeting the minimum lot size requirements set forth in this section may not be further subdivided as a single-family cluster or multifamily development; or be used as a transferor parcel for the transfer of development rights.
(2)
Existing lots of record in the AG or CS Zoning District that were not created by the cluster, large-lot, or sliding-scale subdivision techniques may be reduced in size below 20 acres but not to less than 20,000 square feet in size.
(3)
Properties created through the large-lot subdivision technique may not be reduced in size below 20 acres.
(4)
The number of sliding-scale lots allowed will be based only on the original parcel size, and any future sliding-scale potential will be the right of the original parcel's owner. Applicants for newly proposed sliding-scale subdivisions must provide to the Planning Director a cover letter outlining the history of the original parcel and any future subdivision potential.
(5)
Lots created through the cluster subdivision technique may not be further subdivided.
§ 18:1-14 Agricultural (AG) District.
[Amended 9-7-2004 by Ord. No. 04-04; 9-7-2004 by Ord. No. 04-12; 8-2-2005 by Ord. No. 05-13; 9-5-2006 by Ord. No. 06-10; 8-19-2008 by Ord. No. 08-15; 2-24-2009 by Ord. No. 09-01; 8-9-2011 by Ord. No. 11-09; 12-13-2011 by Ord. No. 11-07; 3-26-2013 by Ord. No. 13-01; 4-11-2017 by Ord. No. 17-06; 3-12-2024 by Ord. No. 24-04; 6-10-2025 by Ord. No. 25-01]
A.
Purpose.
(1)
The Agricultural (AG) District is intended to preserve and protect areas of the County that are predominately in agricultural use. The AG District is characterized by agricultural and related uses. A minimal amount of new residential development shall be allowed, provided the rural and agricultural character of the area is preserved.
(2)
It is intended that in the AG District, there shall be no basis under state law (COMAR § 5-4-03) or this Chapter 18:1 for recourse against the effects of any normal farming operations conducted in accordance with standard and acceptable best management practices. Normal agricultural effects include, but are not limited to, noise, odor, vibration, fumes, dust, spray drift, or glare.
B.
Permitted uses.
(1)
Agricultural support (with the exception of organic fertilizer storage or transfer operations).
(2)
Agriculture.
(3)
Agricultural/equestrian activity.
(5)
Aquaculture, with up to two ponds created by extraction, that are each less than or equal to five acres in size, on any single lot.
(6)
Auctions.
(7)
Bed-and-breakfast.
(8)
Cannabis licensed grower.
(9)
Commercial and noncommercial forestry.
(10)
Commercial and private stables.
(11)
Effluent disposal.
(12)
Family day care.
(14)
Farmers market.
(15)
Home occupations.
(16)
Institutional residential (serving five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
(17)
Kennels.
(18)
Large-lot agricultural subdivision.
(19)
Major and minor single-family cluster subdivision.
(22)
Minor extraction and dredge disposal uses:
(a)
Minor extraction that does not require the issuance of a surface mining permit in accordance with COMAR 26.21.01.08 (C), (D), (E) and (F).
(b)
Minor extraction and dredge disposal uses that require the issuance of a surface mining permit provided that the parcel has not been subject to a cluster subdivision nor is the parcel a developed parcel for noncontiguous development but may be a transferor parcel, as defined by this Chapter 18. For the purposes of this subsection, parcel shall mean a lot of record existing on September 1, 2008.
(23)
Nurseries.
(24)
Outdoor recreation.
(25)
Public service.
(26)
Single-family residential, including one single-wide manufactured home as the primary residence on a farm.
(28)
Veterinary offices.
C.
Conditional uses.
(1)
Agricultural conference facilities.
(2)
Aquaculture, with more than two ponds created by extraction, or any single pond greater than five acres in size created by extraction, on any single lot.
(3)
Campgrounds.
(4)
Commercial apartments; allowed only in conjunction with a country store.
(5)
Country inn.
(6)
Country store.
(7)
Major extraction and dredge disposal.
(8)
Minor extraction and dredge disposal uses:
(a)
Minor extraction that requires a surface mining permit in accordance with COMAR 26.21.01, except as provided in § 18:1-14B(19)(b).
(b)
Minor extraction and dredge disposal uses that require the issuance of a surface mining permit on a parcel that has been subject to a cluster subdivision or a parcel that is a developed parcel for noncontiguous development. For the purposes of this subsection, parcel shall mean a lot of record existing on September 1, 2008.
(9)
Fraternal organizations.
(10)
Funeral homes.
(11)
Group day-care center.
(12)
Institutional residential (serving six or more residents).
(13)
Nonprofit and for-profit institutional.
(14)
Organic fertilizer storage and transfer operations.
(15)
Private airports.
(16)
Private landing strips and heliports.
(17)
Public heliports and airports.
(18)
Public utilities.
(19)
Rural country clubs.
(20)
Shooting clubs.
(21)
Telecommunications facilities.
(22)
Youth camps.
(23)
Nonprofit, seasonal, live-performance dinner theatre.
(24)
Solar arrays.
(25)
Special events.
D.
Density/intensity requirements.
§ 18:1-15 Countryside (CS) District.
[Amended 9-7-2004 by Ord. No. 04-04; 9-7-2004 by Ord. No. 04-12; 9-7-2004 by Ord. No. 04-13; 8-2-2005 by Ord. No. 05-13; 12-8-2009 by Ord. No. 09-23; 8-9-2011 by Ord. No. 11-09; 8-9-2011 by Ord. No. 11-12; 12-13-2011 by Ord. No. 11-07; 3-26-2013 by Ord. No. 13-01; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. The Countryside (CS) District is intended to preserve and protect the rural and agricultural areas of the County that generally lie within the Chesapeake Bay Critical Area and contain extremely sensitive natural resources. Residential development densities and design standards shall ensure resource protection and preservation of open space. This district shall be predominately characterized by open space, farmettes, and very low-density residential uses or small single-family cluster developments with significant associated open space.
B.
Permitted uses.[1]
(1)
Agriculture.
(2)
Aquaculture, with up to two ponds created by extraction, that are each less than or equal to five acres in size, on any single lot.
(3)
Bed-and-breakfast.
(4)
Cannabis licensed grower.
(5)
Commercial and noncommercial forestry.
(6)
Commercial and private stables.
(7)
Effluent disposal.
(8)
Family day-care center.
(10)
Home occupations.
(11)
Institutional residential (serving five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
(12)
Kennels.
(13)
Large-lot subdivision.
(14)
Major and minor multifamily.
(15)
Major and minor single-family cluster.
(17)
Nurseries.
(18)
Outdoor recreation.
(19)
Public service.
(20)
Single-family residential; including one single-wide manufactured home as the primary residence on a farm.
[1]
Editor's Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
C.
Conditional uses.
(1)
Agricultural support (except organic fertilizer storage and transfer operations).
(2)
Aquaculture, with more than two ponds created by extraction, or any single pond greater than five acres in size created by extraction, on any single lot.
(3)
Campgrounds.
(4)
Country inn.
(5)
Major extraction and dredge disposal.
(6)
Farmers market.
(7)
Fraternal organizations.
(8)
Funeral homes.
(9)
Group day-care center.
(10)
Institutional residential (serving six or more residents).
(11)
Marinas.
(12)
Minor extraction and dredge disposal uses.
(13)
Nonprofit and for-profit institutional.
(14)
Private airports.
(15)
Private covered slips.
(16)
Private landing strips and heliports.
(17)
Public utilities.
(18)
Rural country clubs.
(19)
Shooting clubs.
(20)
Telecommunications facilities.
(21)
Youth camps.
(23)
Nonprofit, seasonal, live-performance dinner theatre.
(24)
Solar arrays.
(25)
Special events.
D.
Density/intensity requirements.
(1)
Maximum residential density.
§ 18:1-16 Estate (E) District.
A.
Purpose The Estate (E) District is intended to provide for low-density, large-lot residential uses or single-family cluster development with significant associated open space. The E District is characterized by spacious residential neighborhoods of an estate-type character.
B.
Permitted uses.[1]
(1)
Effluent disposal.
(2)
Family day-care center.
(4)
Home occupations.
(5)
Institutional residential (serving five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(6)
Large-lot subdivision
[Added 9-7-2004 by Ord. No. 04-13]
(7)
Major and minor multifamily.
(8)
Major and minor single-family cluster.
(10)
Noncommercial forestry.
(11)
Nonprofit institutional.
(12)
Outdoor recreation.
(13)
Private stables.
(14)
Public service.
(15)
Single-family residential.
[1]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Bed-and-breakfast.
(4)
Commercial forestry.
(5)
Commercial stables.
(6)
Country inn.
(7)
For-profit institutional.
(8)
Fraternal organizations.
(9)
Funeral homes.
(10)
Group day-care center.
(11)
Institutional residential (serving six or more residents).
(12)
Minor extraction and dredge disposal uses.
(13)
Nurseries.
(14)
Private covered slips.
(15)
Public utilities.
(16)
Telecommunications facilities.
D.
§ 18:1-17 Suburban Estate (SE) District.
A.
Purpose. The Suburban Estate (SE) District is intended to provide for low-density, large-lot residential uses or single-family cluster development with significant associated open space. The SE District is characterized by spacious residential neighborhoods of an estate-type character.
B.
Permitted uses.[1]
(1)
Effluent disposal.
(2)
Family day-care center.
(4)
Home occupations.
(5)
Institutional residential (serving five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(6)
Large-lot subdivision
[Added 9-7-2004 by Ord. No. 04-13]
(7)
Major and minor multifamily.
(8)
Major and minor single-family cluster.
(10)
Noncommercial forestry.
(11)
Nonprofit institutional.
(12)
For-profit institutional.
[Added 2-24-2009 by Ord. No. 08-27]
(13)
Outdoor recreation.
(14)
Private stables.
(15)
Public service.
(16)
Single-family residential.
[1]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Bed-and-breakfast.
(4)
Commercial forestry.
(5)
Commercial stables.
(6)
For-profit institutional.
(7)
Fraternal organizations.
(8)
Funeral homes.
(9)
Group day-care center.
(10)
Institutional residential (serving six or more residents).
(11)
Manufactured home community.
(12)
Marinas.
(13)
Minor extraction and dredge disposal uses.
(14)
Nurseries.
(15)
Private covered slips.
(16)
Public utilities.
(17)
Telecommunications facilities.
D.
§ 18:1-18 Suburban Residential (SR) District.
A.
Purpose. The Suburban Residential (SR) District is intended to provide for a variety of housing types at moderate densities. Permitted densities are slightly higher than allowed in the SE District. Open space requirements are slightly lower than in the SE District. The SR District shall be characterized by multifamily, or single-family cluster housing served by public sewer, with a moderate amount of open space.
B.
Permitted uses.[1]
(1)
Camping cooperative.
[Added 3-26-2024 by Ord. No. 24-02]
(2)
Effluent disposal.
(3)
Family day-care center.
(4)
Home occupations.
(5)
Institutional residential (serving five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(6)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(7)
Major and minor multifamily.
(8)
Major and minor single-family cluster.
(10)
Noncommercial forestry.
(11)
Nonprofit institutional.
(12)
Outdoor recreation.
(13)
Private stables.
(14)
Public service.
(15)
Single-family residential.
[1]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Bed-and-breakfast.
(4)
Commercial forestry.
(5)
Commercial stables.
(6)
For-profit institutional.
(7)
Fraternal organizations.
(8)
Funeral homes.
(9)
Group day-care center.
(10)
Institutional residential (serving six or more residents).
(11)
Manufactured home community.
(12)
Marinas.
(13)
Minor extraction and dredge disposal uses.
(14)
Private covered slips.
(15)
Public utilities.
(16)
Telecommunications facilities.
D.
§ 18:1-19 Neighborhood Conservation (NC) District.
A.
Purpose.
(1)
There are several varieties of NC Districts. The NC Districts are intended to preserve the character, density, and scale of existing residential neighborhoods. The NC Districts allow existing neighborhoods to conform to this Chapter 18:1, and they allow for in-fill development to be compatible with the surrounding area. NC Districts are designated for existing residential developments as follows:
(2)
All NC District regulations apply to NC Districts with a "T" designation on the Zoning Maps; except that single-wide manufactured homes are a permitted use within NC-T Districts.
B.
Permitted uses.[1]
(1)
Agriculture: allowed only on farms that are five acres or more in size; and permitted agricultural activities in this district shall be limited to commercial production or management of crops, vegetation, soil and the related activities of tillage, fertilization, pest control, silviculture aquaculture (with up to two ponds created by extraction, that are each less than or equal to five acres in size, on any single lot), harvesting, and marketing.
(2)
Effluent disposal.
[Added 9-7-2004 by Ord. No. 04-14]
(3)
Family day-care center.
(5)
Home occupations.
(6)
Institutional residential (serving five or fewer residents), except for assisted living programs, which may serve up to 16 residents.
[Amended 9-7-2004 by Ord. No. 04-04]
(7)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(9)
Minor single-family cluster.
(10)
Noncommercial forestry.
(11)
Private stables.
(12)
Public service.
(13)
Single-family residential.
[1]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
C.
Conditional uses.[2]
(1)
Aquaculture with more than two ponds created by extraction or any single pond greater than five acres in size created by extraction, on any single lot.
(2)
Bed-and-breakfast.
(3)
Commercial forestry.
(5)
Fraternal organizations.
(6)
Funeral homes.
(7)
Institutional residential (serving six or more residents).
(8)
Major and minor multifamily.
(9)
Major single-family cluster.
(10)
Manufactured home community; if contains single-wide manufactured homes, only allowed in districts designated as "NC-T."
(11)
Marinas.
(12)
Minor extraction and dredge disposal uses.
(13)
Nonprofit and for-profit institutional.
(14)
Nurseries.
(15)
Outdoor recreation.
(16)
Private covered slips.
(17)
Public utilities.
(18)
Telecommunications facilities.
[2]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
D.
Density/intensity requirements.
(1)
Maximum residential density.
(a)
All housing types: equal to total site area divided by minimum large-lot subdivision area except that subdivision applications filed between January 17, 2004, and December 31, 2004, may calculate maximum residential density by dividing the total site area by the minimum lot area provided in § 18:1-19E(1)(a)[3].
[Amended 9-7-2004 by Ord. No. 04-12; 3-1-2005 by Ord. No. 04-48]
E.
F.
Additional conditional use review criteria.
(1)
In addition to the requirements set forth in Chapter 18:1, Part 5, Article XVII, the following shall apply to major single-family cluster subdivisions or major or minor multifamily developments:
(a)
Units may be located as infill development on undeveloped parcels throughout an NC District neighborhood. Not more than 30% of the total dwelling units permitted within the immediate NC District shall consist of a planned residential development.
(b)
The dwelling units developed within the cluster and planned residential developments shall be in keeping with the architectural character of the area as well as the colors and materials of surrounding buildings; and
(c)
Planned residential development may not consist of more than six dwelling units per building.
G.
Use and merger of lots of substandard area or dimensions in Neighborhood Conservation (NC) District in areas designated S-3 or higher in the Comprehensive Water and Sewerage Plan.
(1)
The provisions of this subsection shall apply in the NC District in areas designated S-3, S-4, S-5, and S-6 in the Comprehensive Water and Sewerage Plan on or after the effective date of this Subsection G and shall apply notwithstanding any other provision in this article, including, without limitation, those relating to nonconforming uses or lots. The provisions of this subsection shall not be construed to affect the nonconforming use or lot status of lots in zoning districts or areas to which this subsection does not apply.
(2)
Except as provided in Subsection G(3) and (4) of this section, a dwelling may be constructed on a lot that does not comply with the minimum area or dimensional requirements of the zoning district in which the lot is located, provided that the lot complied with applicable minimum area and dimensional requirements, if any, at the time it was created.
(3)
A dwelling may not be constructed on an unimproved lot or lots that do not comply with the minimum area or dimensional requirements of the zoning district in which the lot or lots are located if the unimproved lot or lots are contiguous with an improved lot under the same ownership on November 12, 2013. An unimproved lot or lots governed by this subsection shall be administratively merged with the contiguous improved lot under the same ownership as of November 12, 2013, prior to the extension of public sewer service to the improved lot. Further, an unimproved lot or lots that must be merged with an improved lot under this subsection shall be merged with an additional contiguous unimproved lot or lots with the same ownership on November 12, 2013, that is or are necessary to prevent leaving an unimproved lot that does not satisfy the minimum area and dimensional requirements of the zoning district. The owner conducting a merger pursuant to this subsection must apply and receive approval of an administrative subdivision pursuant to § 18:1-171 of the Public Local Laws of Queen Anne's County prior to the extension of public sewer service to the improved lot. If the owner of a lot or lots required to be merged under this Subsection G(3) fails to apply for and receive approval of an administrative subdivision, the Director of Planning shall process, consider and approve an administrative subdivision effecting the merger pursuant to § 18:1-171 of the Public Local Laws of Queen Anne's County.
(4)
Except as provided in Subsection G(5) of this subsection, an unimproved lot that does not comply with the minimum area or dimensional requirements of the NC District in effect at the time an application for a building permit is submitted may not be used for the construction of a dwelling if the lot was contiguous to and under the same ownership as one or more unimproved lots on November 12, 2013.
(5)
A lot described in Subsection G(4) of this section may be used for the construction of a dwelling if the lot is merged with the contiguous, unimproved lot or lots in order to create a lot that (i) complies with, or comes as close as possible to complying with, the minimum area and dimensional requirements of the NC District, and (ii) does not leave a contiguous lot under the same ownership that does not comply with minimum area and dimensional requirements of the zoning district. The owner conducting a merger pursuant to this subsection must apply for and receive approval of an administrative subdivision pursuant to § 18:1-171 of the Public Local Laws of Queen Anne's County as a condition precedent to receiving a building permit for the dwelling.
(6)
The seller of a lot subject to merger under this Subsection G must disclose in writing to any buyer of the lot the fact that the lot is subject to merger with another lot or lots under Subsection G. This disclosure also shall (i) be contained in all contracts of sale, deeds or similar documents relating to the sale, (ii) cite this Subsection G, and (iii) be displayed prominently with the heading "Notice of Required Lot Merger."
§ 18:1-20 Urban Residential (UR) District.
A.
Purpose. The Urban Residential (UR) District is intended to provide for affordable high-density residential development within designated growth areas. A wide range of housing types are permitted. The UR District is characterized by high-quality, affordable, multifamily housing and apartment development served by public sewer.
[Amended 7-10-2012 by Ord. No. 12-02]
B.
Permitted uses.
(2)
Commercial and private stables.
(3)
Effluent disposal.
(4)
Family day-care center.
(6)
Home occupations.
(7)
Institutional residential.
(8)
Major and minor multifamily.
(9)
Major and minor single-family cluster.
(10)
Manufactured home community.
(12)
Noncommercial forestry.
(13)
Nonprofit institutional.
(14)
Nurseries.
(15)
Outdoor recreation.
(16)
Public service.
(17)
Single-family residential.
C.
Conditional uses.
D.
Density/intensity requirements.
(1)
Maximum residential density.
(b)
Single-family cluster: 3.20.
(c)
Multifamily: 8.50.
(d)
Manufactured home community: 5.00.
(f)
In the planning area, the Planning Commission may increase the density for apartment development to 20 units per acre provided:
[Added 7-10-2012 by Ord. No. 12-02]
[1]
The site area does not exceed five acres for the apartment development.
[2]
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and presents design, bulk, height and building materials that are compatible with surrounding development in the area.
[3]
The apartment development is providing workforce housing, age-restricted housing, or other moderately priced housing.
[4]
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
[5]
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
E.
§ 18:1-21 Suburban Commercial (SC) District.
[Amended 9-7-2004 by Ord. No. 04-15; 4-11-2017 by Ord. No. 17-06; 3-12-2024 by Ord. No. 24-04; 6-10-2025 by Ord. No. 25-01; 6-24-2025 by Ord. No. 25-03]
A.
Purpose. The Suburban Commercial (SC) District is intended to provide primarily for a variety of commercial uses and limited light industrial uses in predominately rural or suburban areas not served by public sewer. Extensive landscaping requirements and other restrictions within the SC District are intended to mitigate commercial use impacts and preserve surrounding rural or suburban character.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Auctions.
(3)
Bed-and-breakfast.
(4)
Cannabis licensed dispensary.
(5)
Carry-out food service.
(6)
Coffee shop.
(7)
Commercial apartments.
(8)
Convenience stores, with or without gas pumps.
(9)
Country inn.
(10)
Country store.
(11)
Deli.
(12)
Drive-through beverage stand.
(13)
Effluent disposal.
(14)
Family day-care center.
(15)
Farmers market.
(16)
Fraternal organizations.
(17)
Funeral homes.
(18)
Group day-care center.
(19)
High commercial.
(20)
Hotels.
(21)
Low commercial.
(23)
Medium commercial.
(24)
Miniwarehouse (with or without exterior storage).
(25)
Noncommercial forestry.
(26)
Nonprofit and for-profit institutional.
(27)
Nurseries.
(28)
Outdoor recreation.
(29)
Parking.
(30)
Public service.
(31)
Shopping centers.
(32)
Veterinary offices.
D.
Density/intensity requirements.
(1)
Maximum residential density: not applicable.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Auctions;
(b)
Auto repair with repair areas;
(c)
Banks and other financial facilities;
(d)
Boat sales and repairs;
(e)
Bowling alley;
(f)
Commercial apartments;
(g)
Commercial or trade schools;
(h)
New and used vehicle sales/service and repair with exterior storage and/or repair areas;
(i)
Nonprofit and for-profit institutional;
(j)
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices;
(k)
Public uses;
(l)
Recreational vehicle sales;
(m)
Theaters and auditoriums (indoor); and
§ 18:1-21.1 Kent Island Suburban Commercial (KISC) District.
[Added 6-23-2009 by Ord. No. 09-05; amended 6-10-2025 by Ord. No. 25-01]
A.
Purpose. The Kent Island Suburban Commercial (KISC) District is intended to provide primarily for a variety of commercial uses and limited light industrial uses, in predominately rural or suburban areas not served by public sewer. Extensive landscaping requirements and other restrictions within the KISC District are intended to mitigate commercial use impacts and preserve surrounding rural or suburban character.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Auctions.
(3)
Bed-and-breakfast.
(4)
Cannabis licensed dispensary.
(5)
Carry-out food service.
(6)
Coffee shop.
(7)
Commercial apartments.
(8)
Convenience stores, with or without gas pumps.
(9)
Country inn.
(10)
Country store.
(11)
Deli.
(12)
Drive-through beverage stand.
(13)
Effluent disposal.
(14)
Family day-care center.
(15)
Farmers market.
(16)
Fraternal organizations.
(17)
Funeral homes.
(18)
Group day-care center.
(19)
High commercial.
(20)
Hotels.
(21)
Low commercial.
(23)
Medium commercial.
(24)
Miniwarehouse (with or without exterior storage).
(25)
Noncommercial forestry.
(26)
Nonprofit and for-profit institutional.
(27)
Nurseries.
(28)
Outdoor recreation.
(29)
Parking.
(30)
Public service.
(31)
Shopping centers.
(32)
Veterinary offices.
D.
Density/intensity requirements.
(1)
Maximum residential density: not applicable.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Auctions;
(b)
Auto repair with repair areas;
(c)
Banks and other financial facilities;
(d)
Boat sales and repairs;
(e)
Bowling alley;
(f)
Commercial apartments;
(g)
Commercial or trade schools:
(h)
New and used vehicle sales/service and repair with exterior storage and/or repair areas;
(i)
Nonprofit and for-profit institutional;
(j)
Offices: business or professional; medical offices and clinics; veterinary offices ; and all other offices;
(k)
Public uses;
(l)
Recreational vehicle sales;
(m)
Theaters and auditoriums (indoor); and
E.
F.
Access. All development and redevelopment in the KISC District shall be required to limit and consolidate entrances and curb cuts, to the extent practical, through the use of shared entrances, off-site parking, internal circulation systems that connect parking areas and other means. All development and redevelopment shall be in accordance with the Vehicular and Pedestrian Access and Circulation Standards of the Commercial and Mixed-Use Development Standards adopted by Resolution of the County Commissioners No. 08-05, Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended.
G.
Design guidelines. Development in the KISC District shall conform to the Town Center (TC) and Urban Commercial Design Guidelines: Commercial and Mixed-Use Development Standards adopted by Resolution of the County Commissioners No. 08-05, Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended. The Planning Commission shall consider these guidelines and the community design objectives of the Chester/Stevensville Community Plan in its review of all new development, infill, redevelopment and renovations within the KISC District. The Planning Commission may not approve development applications that have not made a practical and good faith effort to comply with the adopted Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended, and community design objectives of the Chester/Stevensville Community Plan, and the following design guidelines:
(1)
All lighting proposed on properties near the Airport District must be directed away or shielded from the airport and designated flight path;
(2)
Properties developing near the existing airport should provide fencing, berming and a landscaping buffer to minimize impacts of noise and glare from the existing airport on the proposed development. Proposed developments should also provide berming, landscaping and fencing to minimize any adverse impacts to the airport property; and
(3)
Potential safety conflicts between the existing airport and new development shall be minimized. Site design including building height, building location, and landscaping should consider the on-site and off-site impacts of the existing airport. All new buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter 18:1.
(4)
Roadside sidewalks are required to be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks are to be provided in accordance with the Commercial and Mixed-Use Development Standards on Pedestrian Access and Circulation.
(5)
Parking location and layout shall be in accordance with the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Developments Standards, if applicable.
(6)
Newly installed utility and service connections are to be placed underground wherever possible.
(7)
Exterior lighting shall be designed in accordance with the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards.
(8)
Building design, location, style, architectural details, materials and colors shall adhere to the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards.
(9)
Mechanical equipment or other utility equipment and hardware shall be screened in accordance with the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, Screening of outside storage areas and service equipment shall also be accomplished in accordance with the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards.
(10)
Pedestrian-oriented open spaces shall be created in accordance with the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards.
(11)
Multiple-story buildings with commercial uses on the ground floor and mixed office or commercial apartment uses on upper floors are encouraged.
H.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for KISC projects.
(1)
A preapplication conference between the applicant and Department of Planning and Zoning staff is required for all KISC District development.
(2)
The applicant shall submit any additional information plans, specifications, documents, drawings, etc., as necessary to determine compliance with the requirements of this Chapter 18:1 and the Town Center (TC) and Urban Commercial, (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended.
I.
Landscaping requirements.
(1)
The number of plantings required in the KISC District shall be consistent with the number of plantings required in the Town Center (TC) and Urban Commercial (UC) Districts.
(2)
The location of required plantings can be adjusted to accomplish the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards adopted by Resolution of the County Commissioners No. 08-05, Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended.
(3)
To accomplish the Town Center (TC) and Urban Commercial (UC) Design Guidelines: Commercial and Mixed-Use Development Standards, as amended, additional landscaping may be necessary.
§ 18:1-22 Urban Commercial (UC) District.
[Amended 8-19-2008 by Ord. No. 08-11;[1] 4-11-2017 by Ord. No. 17-06; 1-28-2020 by Ord. No. 19-17; 3-12-2024 by Ord. No. 24-04; 11-12-2024 by Ord. No. 24-13; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. The Urban Commercial (UC) District is intended to provide primarily for a variety of commercial and limited light industrial uses in predominately urban areas along major highways. Stringent design and landscaping standards within the UC District are intended to minimize the impacts of highway commercial uses.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Auctions.
(3)
Cannabis licensed dispensary.
(4)
Cannabis licensed processor.
(5)
Carry-out food service.
(6)
Coffee shop.
(7)
Commercial apartments.
(8)
Convenience stores, with or without gas pumps.
(9)
Country inn.
(10)
Country store.
(11)
Deli.
(12)
Drive-through beverage stand.
(13)
Effluent disposal.
(14)
Family day-care center.
(15)
Farmers market.
(16)
Fraternal organizations.
(17)
Funeral homes.
(18)
Group day-care center.
(19)
High commercial.
(20)
Hotels.
(21)
Light industrial.
(22)
Low commercial.
(24)
Medium commercial.
(25)
Miniwarehouse (with or without exterior storage).
(26)
Noncommercial forestry.
(27)
Nonprofit and for-profit institutional.
(28)
Nurseries.
(29)
Outdoor recreation.
(30)
Parking.
(31)
Public service.
(32)
Shooting range, indoor; shall be located a minimum of 100 feet from any residential use.
(33)
Shopping centers.
(34)
Veterinary offices.
D.
Density/intensity requirements.
(1)
Maximum residential density: not applicable.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Auctions;
(b)
Auto repair with repair areas;
(c)
Banks and other financial facilities;
(d)
Boat sales and repair;
(e)
Bowling alleys;
(f)
Commercial apartments;
(g)
Commercial or trade schools;
(h)
Hotels;
(i)
Light industrial, where incidental retail stores do not exceed 25,000 square feet of gross floor area;
(j)
New and used vehicle sales/service and repair with exterior storage and/or repair areas;
(k)
Nonprofit and for-profit institutional;
(l)
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices;
(m)
Public uses;
(n)
Recreational vehicle sales;
(o)
Theaters and auditoriums (indoor); and
(q)
Expansion of a use and/or tenant space that occupies more than 65,000 square feet of gross floor area in a structure that existed on or before January 6, 2004; such expansion is limited to 50% of the gross floor area of the use and is subject to supplemental use standards outlined in Chapter 18:1-58O.
E.
F.
Design guidelines. Development in the UC District shall conform to the Design Standards adopted by Resolution of the County Commissioners No. 08-05, Town Center (TC) District and Urban Commercial (UC) District Design Standards: Commercial and Mixed-Use Development Standards, as amended, unless otherwise noted and the following design guidelines:
(1)
All lighting proposed on properties near the Airport District must be directed away or shielded from the airport and designated flight path;
(2)
Properties developing near the existing airport should provide fencing, berming and a landscaping buffer to minimize impacts of noise and glare from the existing airport on the proposed development. Proposed developments should also provide berming, landscaping and fencing to minimize any adverse impacts to the airport property; and
(3)
Potential safety conflicts between the existing airport and new development shall be minimized. Site design including building height, building location, and landscaping should consider the on-site and off-site impacts of the existing airport. All new buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter 18:1.
[1]
Editor’s Note: This ordinance also provided that it shall apply only to development applications filed on or after 7-10-2008.
§ 18:1-23 Suburban Industrial (SI) District.
[Amended 8-12-2014 by Ord. No. 14-11; 1-24-2017 by Ord. No. 16-17; 4-11-2017 by Ord. No. 17-06; 3-12-2024 by Ord. No. 24-04; 11-12-2024 by Ord. No. 24-13; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. The Suburban Industrial (SI) District is intended to provide primarily for the development of office, regional commercial, warehouse, and light industrial uses that are compatible with surrounding development. New development within the SI District should provide adequate screening and buffer yards in order to minimize adverse impacts to surrounding areas.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Business and professional offices.
(3)
Cannabis licensed processor.
(4)
Effluent disposal.
(5)
Family day-care center.
(6)
Garden centers, garden supplies, and greenhouses.
(7)
Grocery stores and supermarkets (excluding convenience stores).
(8)
Group day-care center.
(9)
Lawnmower and garden equipment sales.
(10)
Light industrial.
(12)
Migrant labor camp.
(13)
Miniwarehouse (with or without exterior storage).
(14)
Minor extraction and dredge disposal uses.
(15)
Noncommercial forestry.
(16)
Nonprofit and for-profit institutional.
(17)
Nurseries.
(18)
Parking.
(19)
Public service.
(20)
Shooting range, indoor; shall be located a minimum of 100 feet from any residential use.
(21)
Shopping centers.
(22)
Theaters and auditoriums.
(23)
Trade schools with only indoor activities.
C.
Conditional uses.
(1)
Agriculture.
(2)
Aquaculture.
(3)
Commercial forestry.
(4)
Major extraction and dredge disposal.
(5)
Heavy industrial.
(6)
Marinas.
(7)
Outdoor recreation.
(8)
Private airports.
(9)
Public heliports and airports.
(10)
Public utilities.
(11)
Telecommunications facilities.
(12)
Truck stops and travel plazas.
(13)
Kennels.
D.
Density/intensity requirements.
(1)
Maximum residential density: not applicable.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Agricultural support;
(b)
Business and professional office complexes over 25,000 square feet;
(c)
Nonprofit and for-profit institutional;
(d)
Light industrial, where incidental retail stores do not exceed 25,000 square feet of gross floor area;
(e)
Public uses;
(f)
Theaters and auditoriums;
(g)
Trade schools with only indoor activities; and
§ 18:1-24 Light Industrial Highway Service (LIHS) District.
[Amended 4-11-2017 by Ord. No. 17-06; 3-12-2024 by Ord. No. 24-04; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. The Light Industrial Highway Service (LIHS) District is intended to provide light industrial, highway service, office, and regional commercial uses at key intersections along the U.S. Route 301 corridor from the U.S. Routes 50/301 split north to Kent County. The LIHS District is limited to those principal intersections that are planned to be upgraded or can provide safe access/egress to sites along the Route 301 corridor that have intermodal transportation access. Extensive landscaping and screening is required within the LIHS District in order to mitigate off-site impacts on less intensive uses.
B.
Permitted uses.
(1)
Agricultural support.
(2)
Agriculture.
(3)
Aquaculture, with up to two ponds created by extraction, that are each less than or equal to five acres in size, on any single lot.
(4)
Business and professional office complexes over 25,000 square feet.
(5)
Cannabis licensed processor.
(6)
Effluent disposal.
(7)
Family day-care center.
(9)
Farmers market.
(10)
Garden centers, garden supplies, and greenhouses.
(11)
Grocery stores and supermarkets (excluding convenience stores).
(12)
Group day-care center.
(13)
Hotels.
(14)
Lawnmower and garden equipment sales.
(15)
Light industrial.
(16)
Miniwarehouse (with or without exterior storage).
(17)
Minor extraction and dredge disposal uses.
(18)
Noncommercial forestry.
(19)
Nonprofit and for-profit institutional.
(20)
Nurseries.
(21)
Parking.
(22)
Public service.
(23)
Theaters and auditoriums.
(24)
Trade schools with only indoor activities.
C.
Conditional uses.
(1)
Aquaculture, with more than two ponds created by extraction, or any single pond greater than five acres in size created by extraction, on any single lot.
(2)
Commercial forestry.
(3)
Major extraction and dredge disposal.
(4)
Heavy industrial.
(5)
Outdoor recreation.
(6)
Private airports.
(7)
Public heliports and airports.
(8)
Public utilities.
(9)
Telecommunications facilities.
(10)
Truck stops and travel plazas.
D.
Density/intensity requirements.
(1)
Maximum residential density: not applicable.
(2)
Maximum nonresidential floor area ratio: .40.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Agricultural support;
(b)
Business and professional office complexes over 25,000 square feet;
(c)
Hotels;
(d)
Light industrial, where incidental retail stores do not exceed 25,000 square feet of gross floor area;
(e)
Nonprofit and for-profit institutional;
(f)
Public uses;
(g)
Theaters and auditoriums;
(h)
Trade schools with only indoor activities; and
E.
Dimensional and bulk requirements.
(1)
Residential uses.
(a)
Minimum lot size: 10 acres; except that subdivision of existing residence is one acre.
(2)
Nonresidential uses.
(a)
Maximum impervious surface ratio.
(b)
All uses: .65.
(c)
Minimum lot frontage: 35 feet.
(d)
Minimum setbacks.
[1]
Front: 35 feet.
[2]
U.S. Routes 50/301: 200 feet.
[3]
Arterial: 150 feet.
[4]
Side and rear: 100 feet.
[5]
A minimum one-hundred-foot setback is required if the property fronts on a road or intersection with a right-of-way that results in at least 100 feet of planted open space between the paved edge of the roadway and the back edge of the right-of-way.
§ 18:1-25 Village Center (VC) District.
[Amended 9-7-2004 by Ord. No. 04-12; 9-7-2004 by Ord. No. 04-13; 7-10-2012 by Ord. No. 12-02; 7-10-2012 by Ord. No. 12-10; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. The Village Center (VC) District is intended to preserve the unique mixed-use character of existing crossroads and unincorporated communities throughout the County. Development densities and design standards vary depending upon the availability of public sewers. Most nonresidential uses must be considered on a case-by-case basis by the Board to ensure compatibility with existing community character within the village.
B.
Permitted uses.[1]
(1)
Apartment development, only with public sewer.
(2)
Auctions.
(3)
Bed-and-breakfasts.
(4)
Carry-out food service.
(5)
Coffee shop.
(6)
Commercial apartments.
(7)
Country inns.
(8)
Country stores.
(9)
Deli.
(10)
Drive-through beverage stand.
(11)
Effluent disposal.
(12)
Family day-care center.
(13)
Farmers market.
(14)
Fraternal organizations.
(15)
Funeral homes.
(16)
Home occupations.
(17)
Institutional residential use for five or fewer residents, except for assisted living programs, which may serve up to 16 residents.
(18)
Large-lot subdivision.
(19)
Low commercial uses.
(21)
Minor multifamily.
(22)
Minor single-family cluster.
(23)
Noncommercial forestry.
(24)
Nonprofit institutional uses.
(25)
Outdoor recreation.
(26)
Parking.
(27)
Private stables.
(28)
Public service.
(29)
Single-family residential.
(30)
Veterinary offices.
[1]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
C.
Conditional uses.
(1)
Agricultural support.
(2)
Aquaculture.
(3)
Cannabis licensed dispensary.
(4)
Commercial forestry.
(5)
Commercial stables.
(6)
Convenience stores, with or without gas pumps.
(7)
First-floor commercial apartments.
(8)
Group day-care center.
(9)
High commercial.
(10)
Hotels.
(11)
Institutional residential.
(12)
Light industrial.
(13)
Major multifamily.
(14)
Major single-family cluster.
(15)
Marinas.
(16)
Medium commercial.
(17)
Miniwarehouse (with or without exterior storage).
(18)
Minor extraction and dredge disposal uses.
(19)
Nonprofit and for-profit institutional.
(20)
Nurseries.
(21)
Private covered slips.
(22)
Public utilities.
(23)
Telecommunications facilities.
D.
Density/intensity requirements.
(1)
Maximum residential density.
(d)
Large-lot subdivision: equal to total site area divided by minimum large-lot area.
(f)
In the planning area, the Planning Commission may increase the density for apartment development to 20 units per acre provided:
[1]
The site area does not exceed five acres for the apartment development.
[2]
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[3]
The apartment development is providing workforce housing, age-restricted housing, or other moderately priced housing.
[4]
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
[5]
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
(3)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Apartment development;
(b)
Auctions;
(c)
Banks and other financial facilities;
(d)
Commercial apartments;
(e)
Nonprofit institutional uses;
(f)
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices;
(g)
Public uses; and
(h)
Where approved by conditional use granted from the Board of Appeals:
[1]
Auto repair with repair areas.
[2]
Boat sales and repair.
[3]
Bowling alleys.
[4]
Commercial or trade schools.
[5]
Hotels.
[6]
Light industrial, where incidental retail stores do not exceed 25,000 square feet of gross floor area.
[7]
Major multifamily.
[8]
Marinas.
[9]
New and used vehicle sales/service and repair with exterior storage and/or repair areas.
[10]
Recreational vehicle sales.
[11]
Theaters or auditoriums.
E.
F.
Design guidelines. Development in the VC District shall conform to the design guidelines in § 18:1-37 unless otherwise noted.
H.
Additional conditional use review criteria.
(1)
In general. The rules set forth in this subsection apply to the review of conditional uses in the VC District.
(2)
General considerations.
(a)
The Board of Appeals shall review the concept plans and elevations of the proposed use for suitability to the site.
(b)
The Board of Appeals shall consider the following items:
[1]
Consistency with the scale of surrounding buildings and uses in bulk, height and setback;
[2]
Consistency with the architectural character of the area, so that if adjoining buildings are residential in character, the new buildings shall maintain that character;
[3]
Conformity with any detailed area plans adopted by the County Commissioners for the area; and
[4]
Compatibility with surrounding uses.
(3)
Proposed conversion.
(a)
An applicant must present evidence that a proposed conversion will improve existing undesirable conditions on the property such as traffic patterns and location and condition of structures.
(b)
When reviewing a proposed conversion of residential use to nonresidential use, the Board of Appeals shall consider the relationship and compatibility of the proposed conversion to surrounding uses and whether the proposed conversion promotes cohesive development in the VC District given the surrounding building scales, intensities and locations.
(4)
Light industrial uses. Light industrial uses shall be limited to uses having fewer than 12 employees, with all storage of materials to be within structures. Company vehicles having signs on them or trucks shall be stored within structures or in parking areas that are fully screened from adjacent properties with fences, berms or hedges.
(6)
Conditional uses in existence. The expansion, enlargement or extension of uses that are listed as conditional uses in § 18:1-25 of this Chapter 18:1 that are in existence on April 9, 1987, and that do not expand, enlarge or extend the floor area, impervious area, number of boat slips or overall intensity of the use by more than 40% are deemed to be permitted uses and may not be required to obtain conditional use approval.
§ 18:1-26 Waterfront Village Center (WVC) District.
[Amended 9-7-2004 by Ord. No. 04-16; 5-13-2008 by Ord. No. 08-04; 2-24-2009 by Ord. No. 08-19]
A.
Purpose.
[Amended 6-11-2013 by Ord. No. 13-09]
(1)
The Waterfront Village Center (WVC) District is intended to facilitate orderly mixed-use commercial, light industrial, marine-oriented, and seafood-industry-oriented uses at the Kent Narrows in accordance with the Kent Narrows Community Plan.
(2)
The WVC District is intended to preserve the character of the working waterfront in the Kent Narrows area and allow greater freedom, imagination, and flexibility in the development of land surrounding the waterfront while insuring excellence in urban design and district appearance. The WVC District allows flexibility in the relationship of uses, structures, open spaces, water views and vistas, and heights of structures.
(3)
This section is further intended to encourage more rational and economic development, and to encourage consistency with the objectives of the Kent Narrows Development Foundation, and the Community Plan for the Kent Narrows to accomplish the following objectives:
(a)
To establish the Kent Narrows as a year-round destination by encouraging a mixture of uses that will attract visitors to the area.
(b)
To link the quadrants of Kent Narrows for pedestrian access, centralize parking and provide for pedestrian circulation throughout the area, preferably along the waterfront, to alleviate the need for vehicular traffic throughout the community.
(c)
To ensure that all new development and redevelopment will have architectural design sensitive to the character of Kent Narrows through establishing architectural design standards.
(d)
To establish County incentives for developers and property owners to create public improvements on or off their sites that will enhance pedestrian access by creating public access boardwalks along the water and creating public plaza areas with pedestrian features such as ornamental lighting, illuminated bollards, benches, trash receptacles, information kiosks, wayfinding signage and other pedestrian furniture.
(e)
To allow flexibility in development standards in order to encourage innovation and creativity in development and redevelopment and to discourage underutilization of valuable parcels of land.
B.
Permitted uses.
(1)
Live-work units and home occupations.
(2)
Mixed-use: Commercial combined with residential components.
(4)
Aquariums.
(5)
Community or recreational centers.
(6)
Conference/convention centers, banquet facilities and resort hotels.
(7)
Dredge disposal that disturbs less than 10 acres of land.
(8)
Gymnasiums, spas and health clubs.
(9)
Libraries.
(10)
Multifamily permitted to continue if development plans are approved prior to July 1, 2008.
(11)
Museums.
(12)
Public services.
(13)
Retail kiosk.
(14)
Visitors and heritage centers.
(15)
The following commercial uses: theaters, business and professional offices, medical offices and clinics, offices, barbershops, ice cream stores and stands, light mechanical repair, liquor stores, retail sales, specialty retail sales, photo shops, tailor shops, boat repair and sales, furniture sales, banks and other financial institutions, service business, travel agencies, restaurants excluding drive-in facilities, bars, nightclubs, taverns, maritime stores, convenience stores provided that the convenience stores are part of a larger development, hotels, motels, bed-and-breakfast/country inns, fraternal organizations, commercial apartments, arts and craft studios and shopping centers.
(16)
The following for-profit indoor recreational uses: swimming pools, skating rinks (both ice and roller), tennis courts, miniature golf, soccer, lacrosse, racquetball courts, handball courts, bowling alleys, and other similar indoor athletic facilities.
(17)
The following light industrial uses: boat building, repair, maintenance and ground level boat storage, seafood processing and packing plants, furniture refinishing shops, monument works, scientific research and testing facilities related to marine activities, and trade shops.
(18)
The following outdoor recreation uses: jogging, cycling, tot-lots, playfields, outdoor swimming pools, tennis courts, putt-putt golf and all passive recreational uses, such as nature areas, picnic areas and wildlife sanctuaries.
(19)
The following marine-related uses: marinas, boat docks, slips, piers, yacht clubs, wharves, anchorages and moorings for yachts and pleasure boats or for boats for hire carrying passengers on excursions, sightseeing, pleasure or fishing trips.
(20)
Commercial waterman-related facilities including dockage, storage and sales.
(21)
Public parking lots, private parking lots and parking facilities.
(22)
Public parks, landings, open space, plazas, amphitheaters and public space and recreational facilities.
(23)
Facilities for marine police, harbor master and other marine enforcement and service agencies.
D.
Accessory uses.
(1)
Satellite simulcast facilities. Satellite simulcast facilities are allowed as an accessory use in the WVC District, provided that there shall be principal dining areas separate from those areas dedicated to the joint use of dining and satellite simulcast facilities.
(2)
Retail kiosk. Retail kiosks are allowed as an accessory use in the WVC District, provided retail sales are restricted to non-food items. A retail kiosk is a temporary structure that is stored indoors when not in use and considered a temporary use in accordance with requirements as outlined in § 18:1-53 of this Chapter 18:1.
[Amended 4-12-2016 by Ord. No. 16-01]
(3)
Permanent display of public art and heritage exhibits in public accessways.
(5)
Recreational vehicle overnight parking.
[Added 9-27-2022 by Ord. No. 22-02]
(b)
Overnight parking shall not exceed more than 15 recreational vehicles.
(c)
No recreational vehicle may be parked overnight for more than four consecutive days.
(d)
Occupants of the recreational vehicle may stay overnight in the recreational vehicle if they are members or guests of the organization.
(e)
No waste disposal facilities are to be located on-site. All waste shall be disposed of at a legal and licensed waste disposal facility off the premises or by a legal waste pump and hauling vehicle.
(f)
Shall comply with all other applicable laws and regulations.
E.
Prohibited uses.
(1)
Abandoned or sunken craft.
(2)
Covered piers or roofed structures over piers built before July 1, 2008. All existing and replacement of existing covered piers or existing roofed structures over piers are permitted to continue and/or be replaced in accordance with applicable state regulations.
(3)
Outside rack storage for boats.
F.
Development standards.
(1)
Residential densities. Mixed-use development shall be allowed at a density of 10 dwellings per acre.
[Amended 6-11-2013 by Ord. No. 13-09]
(2)
Bulk standards for all uses.
(a)
Development in the WVC Zoning District must comply with the following bulk and dimensional standards.
[1]
No principal residential structure may be located less than 100 feet from any tidal waters or wetland unless it meets the provisions and criteria of § 14:1-53 of the County Code.
[2]
The maximum floor area ratio (FAR) shall be 0.30 calculated on an individual lot area basis or cumulative for one or more contiguous lots or noncontiguous lots separated by a public or private road where lots are under common ownership or part of a unified development proposal, provided development is in compliance with parking requirements and front, side yard and rear yard setbacks. With respect to contiguous lots, side and rear yard setbacks may be waived to allow development across lot lines. For one or more contiguous parcels or noncontiguous parcels in common ownership or part of a unified development proposal in which FAR is calculated cumulatively, future development or redevelopment of said lots shall be restricted to not exceed maximum FAR cumulatively. Definitions of lot, floor area ratio and base site area are applicable with respect to further subdivision or use of lots.
[3]
All structures shall comply with the following minimum setback requirements.
Waterfront Village Center | |
|---|---|
Feature | Setback (feet) |
U.S. Routes 50/301 graded road | 50 |
U.S. Routes 50/301 (elevated bridge) | 25 |
MD Route 18 | 25 |
All other public roads | 25 |
Nontidal wetland | 25 |
Tidal wetland | 15 |
Between all structures | 6 |
Rear yard | 10 |
Side yard | 10* |
NOTES: |
* Buildings on two adjacent lots or parcels may have less than a ten-foot setback from the property line, provided that the spacing between buildings is at least 20 feet. |
[4]
Height standards. The maximum height of any building may not exceed 45 feet, as measured from the flood control elevation. Telecommunications facilities may not exceed 55 feet in building height.
[5]
Residential units including commercial apartments shall comply with § 18-1:108, Moderately priced dwelling units, of this chapter.
[Added 10-24-2017 by Ord. No. 17-12]
(3)
Open space for mixed use development. The open space ratio (OSR) for all mixed use development shall be a minimum of 0.30. The following uses are permitted in open spaces:
(a)
Private recreation facilities and open space.
(b)
Stormwater management facilities using best management practices that are aesthetically pleasing and consistent with waterfront development.
(c)
Public pedestrian accessways with improvements in the form of boardwalks, paths, amphitheaters, landscaped plazas and any combination thereof. Improvements shall be appropriately located to complete connections between the existing portions of boardwalk, sidewalks, paths and the Cross Island Trail and future connections with an emphasis of providing public access and recreation along the waterfront.
[1]
Developers/land owners shall be responsible for the perpetual maintenance of public open space and improvements.
[2]
Developers/land owners shall dedicate public access easement(s) for boardwalks, paths, amphitheaters, landscaped plazas and any combination thereof for perpetual use of, and access to the public.
[3]
Public art, heritage displays and interpretive signage can be placed within required open space with public access.
(4)
Commercial apartments. Commercial apartments are not required to be included in the floor area ratio calculation of a building, nor shall it be considered residential density, except that the percentage of commercial apartments as part of mixed-use shall not exceed that otherwise provided for in the table of Mixed Use Options for which commercial apartments shall be considered residential.
G.
Limitations on specific uses.
(1)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
(a)
Aquariums.
(b)
Commercial apartments.
(c)
Community or recreational centers.
(d)
Conference/convention centers and resort hotels.
(e)
High dry storage facilities or rackominiums with mixed use development, where approved by conditional use granted from the Board of Appeals.
(f)
Hotels.
(g)
Mixed-use developments.
(h)
Multifamily commercial condominiums.
(i)
Museums and exhibits.
(j)
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices.
(k)
Yacht clubs.
(l)
Marinas, where approved by conditional use granted from the Board of Appeals.
H.
Parking requirements.
(1)
Spaces shall be a minimum of 8 1/2 feet by 18 feet, except as provided below.
(b)
Parking required under this section or Chapter 18:1, Part 4, Article XIII, of this Chapter 18:1 may be provided completely or partially off site, provided that the parking area is in the WVC District; and the applicant enters into a written agreement with the County ensuring access for the development and the general public. Such written agreement shall be recorded among the land records of the County.
(c)
The proposed development shall be generally consistent with the circulation plan for both vehicular and nonvehicular modes of travel as described in the Comprehensive Plan and the Kent Narrows Community Plan.
(d)
The Planning Commission may off-set required on-site parking when an applicant provides for the equivalent construction of new parking spaces on public property, or property to be deeded to the County as public land, within the WVC District.
(e)
When hotels are located in concert or adjacent to banquet or conference facilities the Planning Commission may grant a reduction in the required on-site parking when an applicant has provided pedestrian links and can demonstrate a partnership between the banquet/conference facility and hotel.
I.
Signage.
(1)
Purpose and findings.
(a)
Signage associated with various land uses can have a significant effect on the health, safety, and welfare of the citizens of the County. It is desirable to minimize signs that distract a driver's attention from the road. It is also recognized, however, that signage is a necessity for business areas to thrive.
(b)
The Kent Narrows Waterfront Village Center District is intended to be an economic and commerce center in the County. The Kent Narrows Community Plan is aimed at creating a destination place for tourism and recreational activities. The new high-level Kent Narrows Bridge and road improvements move traffic through the area at a much faster speed, thereby making it more difficult for individual businesses to attract visitors.
(c)
All signage for single or multiple uses must be consistent with the architecture of the principal structure and be submitted for review as part of a site plan review.
(d)
The regulations set forth in this subsection are intended to allow reasonable visibility to area businesses while not detracting from the character of the Kent Narrows.
(4)
Applicable standards.
(a)
Except as provided in the table below, the general signage regulations for all development shall be those prescribed in § 18:1-81 of this Chapter 18:1.
WVC Signage Standards | |||
|---|---|---|---|
Sign Type | Dimension | ||
Parcels with Live-work units | |||
Wall or projecting sign per business | 6 square feet | ||
Parcels with Mixed-uses | |||
Wall or projecting sign per business | 6 square feet | ||
One freestanding sign for parcel | 60 square feet | ||
Maximum height for freestanding sign | 15 feet | ||
Parcels with one use or business | |||
Wall or projecting sign | |||
Individual sign | 90 square feet | ||
One freestanding sign | 60 square feet | ||
Maximum height for freestanding sign | 15 feet | ||
Parcels with more than one use or business | |||
Wall or projecting sign per business | 60 square feet | ||
Freestanding sign for parcel | 60 square feet | ||
Wall or projecting sign to identify overall development | |||
Individual sign | 90 square feet | ||
Cumulative | 180 square feet | ||
Maximum height for freestanding sign | 15 feet | ||
Parcels with shopping centers or convention centers | |||
Wall or projecting sign per business | 60 square feet | ||
One freestanding sign for entire parcel | 150 square feet | ||
Maximum height for freestanding sign | 25 feet | ||
(5)
Specific types of signs.
(a)
Use signs.
[1]
Where a use takes direct vehicular access from more than one street or road, one additional freestanding sign shall be allowed for each road to which the use takes access.
[2]
Where a use adjoins more than one street or road each frontage shall be allowed a freestanding sign, provided that the total square footage of freestanding signage on the site does not exceed what is otherwise permitted for freestanding signage.
[3]
In addition to what is otherwise permitted by this Chapter 18:1, where a nonresidential use adjoins a navigable waterway, one freestanding sign shall be allowed, provided that the sign does not exceed 10 feet in height and 35 square feet in area.
[4]
Public access signs, as specified by the County, to identify areas that are open to the public.
(b)
Development signs.
[1]
Residential development signs shall provide only the name of the subdivision and/or a logo for the development, and may not exceed six feet in height and 36 square feet in area.
[2]
All development signs shall be freestanding.
[3]
Lighting of a development sign may be by the general lighting of the area, shielded spotlighting, internal backlighting, or backlighting.
(c)
Miscellaneous signs.
[1]
Marquees for theaters and museums shall be allowed one sign provided that the sign has an area that does not exceed the lesser of 15% of the area of the facade on which it is located; or 250 square feet in area whichever is less.
[2]
Heritage signs shall be allowed within public accessways and on public lands of size, material, design, content and location approved by the County.
(d)
On-premise directional signs.
[1]
On-premise directional signs for the purpose of directing on-site circulation, parking ,and loading may be allowed, provided that the signs may not exceed four square feet in area and six feet in height.
(e)
Wayfinding signs.
[1]
In order to facilitate reasonable advertising of commercial, industrial, and institutional uses within the Kent Narrows Waterfront Village Center, off-premises wayfinding signs with common logo shall be allowed in accordance with this subsection.
[2]
One off-premises directional sign shall be allowed at each of the following intersections:
[a]
Main Street/MD Route 18 and access road (east of Narrows);
[b]
Kent Narrows Road and Kent Narrows Way;
[c]
Main Street/MD Route 18 and access road (west of Narrows);
[d]
Piney Narrows Swan Cove Road and Piney Narrows Road;
[e]
Main Street/MD Route 18 and Kent Narrows Way; and
[f]
Any other locations deemed appropriate by the Planning Commission.
[4]
A sign may not exceed 20 feet in height or 100 square feet in sign face area.
[5]
Signs and sign supports shall be constructed of natural material and consist of earth-tone colors (i.e., brown, tan, gray); and shall be uniform in materials and colors.
[6]
Sign script may not exceed one foot in height for each business name.
[7]
Each off-premises directional sign shall advertise no more than 12 businesses.
[8]
The construction, design, location, and placement of off-premises directional signs shall be administered by the Kent Narrows Development Foundation, which shall have discretion to establish reasonable fees and all signs shall be subject to the approval of the Planning Commission.
(f)
Information kiosks. Information kiosks may be no higher than seven feet and no larger than 12 square feet.
J.
Accessory docking facilities. Subject to the limitations of §§ 18:1-41 through 18:1-44 of this Chapter 18:1, accessory docking facilities are allowed in the Waterfront Village Center (WVC) District, provided no overnight occupancy is allowed at any accessory docking facility; and only docks and piers are allowed.
K.
WVC District design guidelines:
(1)
The architectural style, design and scale of buildings as well as their materials and colors must bear a strong relationship to a waterfront setting. The architectural relationship of the development to the waterfront as viewed from the water and adjacent public streets is important with respect to the following:
(a)
Vehicular and pedestrian linkages. Linkages between architectural and site design of proposed development/redevelopment to all points or paths of public access.
(b)
Buildings placement. Buildings should be placed along the waterfront oriented to maximize water views and to allow for public access easements to the water. The following diagrams depict the design concepts for placement of various amenities.
Figure 1: Design Concept for Waterfront Access  |
(2)
All new development and redevelopment in the WVC District is strongly encouraged to incorporate the following design guidelines. The Planning Director and/or Planning Commission shall consider these guidelines and the applicable design objectives of the Kent Narrows Community Plan when reviewing and approving development and redevelopment within the WVC District, though some flexibility in application may be necessary to accommodate existing conditions of a site or when balancing implementation of these design guidelines with other regulatory requirements.
(a)
Boardwalks: Public access boardwalks as indicated in the Future Circulation Plan, wherever possible, shall be located at the shoreline unless an applicant proposing a secured facility not open to the public can sufficiently demonstrate that a shoreline boardwalk will compromise on-site security in the area where watercraft are moored, berthed or docked at the waterfront then an alternate pedestrian access to provide the connections proposed in the Future Circulation Plan and public waterfront access may be considered. The Planning Commission or Planning Director may not approve an alternate boardwalk location unless it finds that the alternative is consistent with the goals and objectives of the Future Circulation Plan and the Kent Narrows Community Plan. The following boardwalk design standards shall apply:
[1]
The minimum width at any location along the boardwalk shall be 12 feet.
[2]
Top of deck shall be a minimum of four feet above mean water level (MWL) or match the existing adjacent grade elevation, whichever is greater.
[3]
The boardwalk and any other pedestrian ways shall be handicapped accessible.
[4]
In situations where any part of the boardwalk is laid directly on grade, the surface below the construction shall be treated to prevent the growth of vegetation.
(3)
Exterior lighting: Exterior lighting should be of a design and size compatible with the building and adjacent uses. Lighting should be restrained in design, and excessive brightness or glare should be avoided. Lighting for pedestrian areas, boardwalks and walkways should be aesthetically pleasing and adequate for public safety, as well as in keeping with the working waterfront design theme.
(a)
Pedestrian scale ornamental lighting shall be provided along the waterfront on boardwalks and pedestrian walkways using illuminated bollards along the waterfront and/or with pedestrian scale ornamental lighting either along the edge of the boardwalk furthest from the waterfront or placed behind the boardwalk between the boardwalk and building facades. Figure 2 provides details of acceptable styles with the ability to have a similar style approved.
 |
Figure 2 — Ornamental Lighting | ||
|---|---|---|
 |  | |
(b)
Along walkways and on boardwalks an illumination level of 0.6 lumens per horizontal square foot shall be provided with mounting height not in excess of 10 feet if ornamental lighting is used. Sodium vapor light source is unacceptable for pedestrian lighting.
(c)
Parking lots shall be lighted to an illumination level of 1.0 lumens per horizontal square foot with mounting height not in excess of 25 feet. Sodium vapor light source will be allowed.
(4)
Streetscapes, boardwalk, pathways and open space furniture: Outdoor furniture for streetscapes and public spaces shall be in keeping with working waterfront design theme. The following standards shall apply:
(a)
Benches shall be provided consistent with the diagram. Benches shall be placed no further than 100 feet apart along the boardwalk in groupings. Public plazas shall contain, at a minimum, one linear foot of seating for every 100 square foot of plaza. Figure 3 provides details of an acceptable style.
Figure 3 — Benches  |
(b)
Trash receptacles shall be provided consistent with Figure 4 and shall be spaced in proximity to benches, outdoor dining areas and entrances to business establishments.
Figure 4 — Trash Receptacles  |
(c)
Bollards shall be provided consistent with Figure 5. Depending upon the location and need for illumination, the bollards may or may provide illumination for safety purposes. Illumination requirements are to be determined by the County. Bollards styles should be provided similar to diagramed design concept.
Figure 5 — Illuminated Bollard  |
(d)
All public and private streetscapes, boardwalks, pathways and open space shall be built and improved to meet the requirements for pedestrian access and to the specifications for public improvements.
(5)
Landscaping: Parking areas and sidewalk areas shall be enhanced with landscaping. Attractive landscape transition to adjoining properties should be provided and existing mature landscaping/trees on sites should be preserved. Landscape and screening treatments between potentially incompatible uses should be enhanced when necessary to lessen any negative impacts. Landscaping shall not be used to block waterfront view or vistas. Street trees should be planted to help enclose and shade the street and pedestrianways.
(a)
Emphasis should be placed on native vegetation. Shrubbery requiring high maintenance should be avoided. Seasonal flowering plants should be encouraged for accent areas.
(b)
Ground cover such as ivy should be used instead of higher maintenance planting such as grass.
(c)
Evergreen plantings should be considered for use as screening instead of fencing or walls.
(d)
All plant material should carry a guarantee of at least one growing season and should generally average the median size ranges indicated by the requirements of the "U.S.A. Standard Nursery Stock" as published by the American Association of Nurserymen.
(6)
Parking areas: Parking areas should be to the side and rear of buildings with allowances for shared parking to the rear of buildings or in public parking lots or facilities. Connecting rear parking lots should be encouraged to allow customers and residents to drive to establishments along corridors without entering public roads and interrupting traffic and pedestrian flows. Individual curb cuts should be reduced. Parking should not be placed directly in front of the portion of the building facade containing the primary entrance to the structure.
(7)
Walkways/pathways: Public viewing and access walkways/pathways identified on the Future Circulation Plan can be constructed in one of two ways. In both cases, walkways/pathways will be a minimum of five feet in width and ADA compliant.
(8)
Roadside sidewalks: Roadside sidewalks should be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks and pathways should be provided where practical. Sidewalks shall be ADA compliant.
(9)
Building design characteristics: New construction, redevelopment and rehabilitation of existing structures should be designed and built to blend with existing structures in Kent Narrows encouraging innovative and creative solutions in terms of formal characteristics, such as shape, height, massing, roof shapes and door and window proportions. The following guidelines are based on these existing conditions:
(a)
All materials will be subject to review by the KNDF Board of Directors.
(b)
The predominant roof form of the Kent Narrows is sloped, not flat. It is highly recommended that where possible, the use of sloped roof be incorporated into buildings form.
(c)
All mechanical equipment and service areas must be screened from view of adjacent roads and structures with a parapet or other screening device which is an integral part of the screening building design.
(d)
Signage should be in compliance with WVC Zoning requirements with regard to size, location, number, lighting and other requirements. The signage should be consistent with building design and color scheme and be located so as not to detract from the overall project architecture.
(e)
Fencing should be treated as part of the overall building design in its material and color. Fences should be limited to screening service area and mechanical equipment so as not to block possible water views and vistas. Where they are used for property definition, they should be designed to be as open as possible.
(10)
Site design criteria for buildings and public space: The following general requirements should be taken into consideration when designing buildings and preparing site plans.
(a)
Wherever possible, retail, outdoor restaurants, public plaza areas, or some other type of activity space should be planned adjacent to the public boardwalk to enhance pedestrian movement. "Dead" activity areas should be avoided at all costs.
(b)
Retail kiosks may be placed within or adjacent to pedestrian walkways and boardwalks in compliance with ADA standards and acceptable design standards. A permit must be obtained from the County to establish a retail kiosk at an approved location.
(c)
Wherever possible, arcades or covered areas should be planned along the boardwalk to provide protection from the weather.
(d)
Buildings and structures with waterfront access, view or vista should be oriented toward the water with building and structure design to be double-fronted (one facing the water and the other facing the adjacent street). Buildings should be appropriately scaled and in harmonious conformance with neighboring development.
(e)
Full facade treatment, foundation landscaping and lighting should be required on all building elevations that are visible from the public way and water.
(11)
Access: In order to minimize the number of vehicular access points on public roads in the Kent Narrows area for reasons of pedestrian and vehicular safety and to promote adequate circulation by reducing congestion caused by turning movements, development requiring site plan or subdivision approval should comply with the following standards:
(a)
All uses should be discouraged from taking more than one point of access. In instances where more than one access point is needed, the number should be minimized by combining access points for adjacent parcels.
(b)
Uses having at least 100 feet of road frontage may have a single access per 100 feet of frontage. Access points should not be located within 75 feet of each other measured from center line of each accessway.
(c)
Parcels having less than 100 feet of road frontage will be encouraged to have a system of shared access points with linked parking areas for internal circulation.
(d)
At intersections of access and public roads, an area of clear vision should be maintained at least 100 feet in approaching directions. All plant material within this area should be kept lower than three feet.
L.
Minimum public improvements required. All new developments and redevelopment of lands with water frontage shall be required to provide basic boardwalk improvements in accordance with Subsection K(1) for public access in accordance with the following:
M.
Site plan review; approval of site plan. In addition to the requirements of Part 7, Article XXV, the Planning Commission or Planning Director may not approve a site plan for development of a parcel in the Kent Narrows area unless it has fully considered the recommendations of the Board of Directors of the Kent Narrows Development Foundation and makes the following findings:
(1)
That the development is consistent with the goals, objectives, and policies of the Kent Narrows Area Plan component of the County's Comprehensive Plan until such point as it is updated.
N.
Bonus.
(1)
In general.
(a)
When approving a site plan within the WVC District, the Planning Commission at the time of site plan review may consider a modification to Subsection F(2)(a)[2] and (4) to permit a maximum nonresidential floor area ratio of 0.40 and height of 55 feet (for any nonresidential or multifamily resideential building with no other bonus provision requirements specified in Subsection N(2) below, provided at least 50% of the first floor area is elevated to allow for parking under the building.
[Amended 7-10-2012 by Ord. No. 12-03]
(b)
When approving a site plan within the WVC District, the Planning Commission at the time of site plan review, may grant a bonus to the normally allowed floor area and building height standards as provided in Subsection F above.
(d)
The resulting bonus may not exceed the maximum bonus allowed by the bonus schedule.
(2)
Determination of bonus.
(a)
Basis.
[1]
The allowable bonus shall be determined based upon a monetary contribution or value of the amenity to be provided by the developer for the public benefit for the amount of improvements proposed that exceed those permitted under the ordinance. Public amenities include, but are not limited to:
[b]
In addition to the required 30% open space improvements, an additional 10% public open space improvements or monetary contribution for improvement of existing public lands, public art and heritage signage using the following formula:
[c]
Ten percent of proposed slips dedicated for public access.
[d]
Mixed residential-commercial uses that provide 10% moderately priced dwelling units in accordance with § 18:1-108.
[f]
Monetary contributions may be paid over three years accruing at 1% over prime rate annually.
[2]
A list of amenities and associated costs shall be kept by the Director.
(b)
In addition to consideration of the value of the amenity as provided in Subsection N of this section, the Planning Commission, when approving a bonus at the time of concept plan, shall consider:
[1]
The intent of this section;
[2]
Provisions for public open space and amenities as described in the Kent Narrows Community Plan;
[3]
Compatibility with adjacent existing and permitted uses and developments;
[4]
The particular dimensions, grade, and orientation of the site; and
[5]
How the amenities provided or the contribution and increase in floor area will help achieve the goals, objectives, and policies for development in the Kent Narrows.
(c)
The Planning Commission shall grant a bonus only if the Planning Commission finds that the proposed development:
[1]
Is consistent with the overall development scheme in the Kent Narrows Community Plan;
[2]
Will not overburden existing public services, including parking, water, sanitary sewer, public roads, storm drainage, and other public improvements;
[3]
Will not create a threat to the public health, safety, or welfare.
§ 18:1-27 Chester Master-Planned Development (CMPD) District.
[Amended 9-7-2004 by Ord. No. 04-17; 7-8-2008 by Ord. No. 08-12]
A.
Purpose.
(1)
This district is intended to provide for master-planned residential or mixed-use development on sites at appropriate locations as identified in the Chester/Stevensville Community Plan. The district provides for a flexible development concept, good site design, architectural integration in the configuration and style of buildings, functional open space and required public facilities as part of a unified and coherent plan of development. Permitted uses generally include a variety of housing types, institutional uses and nonresidential uses that can be compatibly integrated within the development.
(2)
The CMPD District is created where public utilities (water and sewer) and infrastructure (roads, walkways, and hike/bike trails) may be extended and interconnected with existing and/or planned public utilities and infrastructure. New development of parcels should be accomplished in a way to integrate approved residential uses with commercial and institutional uses of a size and scale designed to provide needed and appropriate services to the Chester community. Infrastructure improvements relating to roads and trails are important and should follow the recommendations made in the transportation element of the Chester/Stevensville Community Plan.
B.
Location. The CMPD District is intended to have specific application to the Chester/Stevensville Community Planning Area. As such, the CMPD District may only be applied to lands as designated by the Chester/Stevensville Community Plan.
C.
Permitted uses. The following uses are permitted within the CMPD District:
(2)
All institutional uses, including golf courses.
(4)
Commercial uses are permitted only in association with a residential and/or institutional mixed-use development. The Planning Commission shall approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development plan. In order to approve any specific commercial use and its appropriate size, the Planning Commission must find that the proposed commercial uses:
(5)
The following commercial uses are permitted as a component of a mixed-use development pending approval by the Planning Commission:
(a)
Small-scale retail and service businesses sized to accommodate the convenience and commercial needs of the Chester community;
(b)
Restaurants;
(c)
Business or professional offices;
(d)
Medical offices or clinics;
(e)
Banks or financial institutions;
(f)
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses such as conference facilities, aquatic facilities, health spas, athletic courts, etc.;
(g)
Marinas; and
(h)
Other commercial uses with similar impacts as determined by the Planning Commission.
(6)
Effluent disposal uses.
(7)
Home occupations.
(8)
Multifamily.
(9)
Resort country club.
(10)
Resort health and fitness clubs.
(11)
Single-family.
E.
Development standards.
(1)
In general. Applications for development in the CMPD District shall conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and meet the following standards in addition to all other applicable requirements of this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within this Chapter 18 may be found to conflict with the standards contained in this section or the Design Standards for New Neighborhoods, only the standards contained in this section shall apply.
(2)
Use mix. In a mixed-use development that includes commercial uses, no more than 50% of the developed portion (total site area less the required 25% open space area) of the site may be utilized for commercial use.
(3)
Maximum density. Maximum residential density for a CMPD District development shall be six dwelling units per acre for that portion of the development used for residential purposes and eight dwelling units per acre if TDRs are used, unless apartment development is proposed which may allow up to 20 units per acre limited to a maximum of five acres of the proposed master planned development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
(b)
The apartment development is providing workforce housing, age-restricted housing, or moderately priced housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
If the unified development plan consists of more than one parcel or lot, the acreage of the parcels or lots may be combined to compute the allowable residential density. If the development plan combines parcels or lots to compute allowable residential density, the lots or parcels may not thereafter be considered separately in any subdivision, site plan or zoning certificate approvals. |
(4)
Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a CMPD District development is 0.25. The maximum permitted amount of nonresidential floor area may be increased by 25% if TDRs are utilized.
(5)
Planning Commission final determination on density and floor area ratio.
(a)
The Planning Commission may require a lower residential density and/or floor area ratio if it finds that the maximum permitted density or floor area ratio would result in:
[1]
Development that is not be compatible with existing or anticipated development in the surrounding area;
[2]
Development that creates a detrimental impact on the environment; or
[3]
Development that will render existing or planned public facilities including, but not limited to, roads, water, sewer and schools inadequate.
(b)
The Planning Commission may also find that a proposed residential density and/or floor area ratio is not consistent with the Community Plan and is too low and would not be an efficient use of limited lands zoned for master-planned development, in which case the Planning Commission may make recommendations to the applicant to revise the plan in a way to be consistent with the Community Plan. In no case may the residential densities and floor area ratio be greater than permitted by this section.
(6)
Open space. Common or public open space shall comprise at least 25% of the total site area. At least 10% of the required common or public open space shall be utilized for outdoor recreational uses as defined in § 18:1-12 of this Chapter 18:1. If the open space is to be commonly owned, instead of being dedicated to the County, legal documentation ensuring its continuance and maintenance must be submitted to and approved by the Planning Commission. The physical distribution of open space shall conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended.
(7)
Design standards. Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, and lighting shall be determined by the Planning Commission for each individual development in the CMPD District and shall conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended; except that no telecommunications facility shall exceed 55 feet in building height. In determining these standards, the Planning Commission shall consider such factors as the proposed intensity of the development, use mix, the layout of buildings, roads, and walkways, environmental protection considerations, the architectural and landscaping features incorporated into the development, buffer yards between uses and along property lines and compatibility with existing or anticipated development on surrounding lands. The purpose of this standard is to provide design flexibility, consistent with public health and safety, to the developer who subdivides property and constructs buildings in accordance with a unified and coherent plan of development.
(8)
Traffic circulation and pedestrian linkages shall conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and:
(a)
On-site and off-site streets, traffic circulation patterns and pedestrian linkages shall be adequate to accommodate the demands generated by the proposed development. Where practical, streets and pedestrian linkages shall be designed to connect with adjacent parcels where future development is anticipated.
(b)
Private internal streets/roads are permitted if the Department of Public Works and Planning Commission find that such streets/roads will be adequate to carry projected traffic, will be properly maintained, and are more appropriate to the overall development design than public streets.
(c)
Existing County roads that may be extended and utilized as either minor or major collector streets shall be appropriately utilized and extended as minor or major collector streets.
(d)
The layout of a proposed subdivision, when possible, shall seek to develop minor and/or major collector streets, with bike lanes, to carry traffic generated by the local streets in the development to destinations within or outside of the development.
(e)
All roads and streets shall be closed sections with sidewalks and adequate drainage/stormwater management and shall be generally consistent with current roads standards.
(f)
Streets shall generally loop or interconnect; dead-end streets (except where a street is closed pending development of an adjoining parcel) and culs-de-sac shall be avoided unless there is no other development alternative.
(g)
Transportation improvements must be determined to be consistent with the transportation element of the Community Plan and any County corridor management plan or transportation plan adopted by the County.
(9)
Development phasing. Development phasing for development for the CPMD District shall comply with § 18:1-38 of this Chapter 18:1 and with the following:
(a)
Construction on the commercial component of a mixed-use project involving residential development shall not commence until at least 50% of the required sewer and water allocation for the residential development has been purchased and on-site sewer, water, and road improvements and recreational amenities necessary to service 50% of the residential component have been completed, as provided for in the developer's agreement and approved by the Planning Commission.
(10)
Sign standards. Sign standards for commercial development in the CMPD District shall be the same as those applying to the Suburban Commercial (SC) Zoning District, including the design standards adopted by resolution of the County Commissioners No. 08-06, Town Center (TC) District, Urban Commercial (UC) District, and Suburban Commercial (SC) District Design Standards: Commercial and Mixed-Use Development Design Standards, as amended. Sign standards for all other types of development in the CMPD District shall be the same as those applying to the Suburban Residential (SR) Zoning District. The Planning Commission may approve residential development identification signs in the CMPD Zoning District which vary in height, size and type from those otherwise allowed under this section, if the proposed residential development identification sign(s) is:
[Amended 8-24-2010 by Ord. No. 10-03]
G.
Development review process.
(2)
Specific procedures for the CMPD District. Notwithstanding Subsection G(1) above, the following items shall apply to the development review process for CMPD projects:
(a)
A preapplication conference between the applicant and Department of Planning and Zoning staff is required for all CMPD District development;
(b)
A comprehensive array of supporting information and analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as part of the sketch and/or concept plan application. Required information and studies shall include an adequate public facilities study, historic features and cultural resources inventory, and an environmental impact assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate such impacts; and
(c)
The applicant shall submit any additional information, plans, specifications, documents, drawings, etc., necessary to determine compliance with the CMPD development standards contained in the Planning Commission findings contained below in this section.
(3)
Planning Commission findings. The Planning Commission shall make the following findings with regard to development approvals in the CMPD District. The proposed development conforms with all applicable requirements of this section including:
(a)
Roads and streets loop and connect internally, and to the extent practicable are configured to interconnect and be extended into the road and street network that may be developed on adjacent undeveloped land;
(b)
Hike and bike lanes/walkways are provided for nonvehicular public access to the development that connect with existing hike and/or bike lanes/walkways and are able to connect with hike/bike lanes/walkways that may be developed on adjacent undeveloped land;
(c)
A minimum of 25% of the land in the proposed development is devoted to commonly or publicly owned open space and meets the requirements for mandatory parkland dedication.
(e)
The proposed development conforms to the Chester/Stevensville Community Plan;
(f)
The proposed development, in conjunction with reasonably anticipated development in the surrounding neighborhood, will not adversely impact the adequate and orderly provision of public services and facilities for the area;
(g)
The proposed development, in conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities standards with regard to traffic;
(h)
The proposed development is planned in such a manner as to protect environmentally sensitive areas and important historic or cultural features on the site; and
(i)
The proposed development is designed to be compatible with existing development in the surrounding neighborhood, and/or the proposed development contains adequate screening, landscaping and buffer yards to protect the surrounding neighborhood and conforms to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended.
§ 18:1-27.1 Neighborhood and Village Center (NVC) District.
[Added 10-27-2009 by Ord. No. 09-11]
A.
Purpose.
(1)
This district is intended to guide the creation of neighborhoods, villages and protected countryside on lands designated as Chester Village Expansion Area in the Chester/Stevensville Community Plan and conform to the design standards for New Neighborhoods for the CMPD and SMPD Districts, adopted by resolution of the County Commissioners No. 08-06. The NVC District is intended to create a relatively self-contained community with a compact mix of residential, commercial, employment/office, and civic land uses. The NVC District provides for a range of housing choices, with design elements that foster pedestrian and bicycle activity, public safety, environmental protection, long-term investment, efficient use of infrastructure, and efficient provision of public services. Development utilizing the NVC District must exhibit all of the following characteristics:
(a)
Integrated mix of uses, including residential, commercial, employment/office, civic, and open space based upon a neighborhood and village center-to-countryside transect that defines the zoning district;
(b)
Range of housing types, and density; and cost;
(c)
Provides low and medium commercial uses in NVC District neighborhoods.
[Amended 6-11-2013 by Ord. No. 13-07]
(d)
Compact design with architectural harmony, including compatibility in styles, materials, colors, and building size, build-to lines and/or setbacks;
(e)
Interconnected network of public streets, sidewalks, substantial on-street parking and paths designed to balance the needs of all users, including distinct separation between pedestrians, bicyclists and motor vehicles based on a modified grid system;
(f)
A hierarchy of streets provided in the neighborhood so that larger streets and sidewalks accommodate larger buildings with higher commercial intensities and higher residential densities while smaller streets have smaller buildings and sidewalks with lower commercial intensities and residential densities with traffic calming and shorter turning radii than suburban streets, and medians, circles and related features along prominent streets;
(g)
Streets and buildings shall be designed so the building height facing the street is proportional to the width of the street in a regular pattern unbroken by parking lots;
(h)
Alleys provided in mixed use areas of the NVC District neighborhood to facilitate rear-loaded parking, municipal services, and loading and unloading of goods;
(i)
Lighting which is designed for safe walking and signage which has pedestrian orientation;
(j)
Parks, squares and other common open spaces integral to the community to promote recreational opportunities, and to provide a setting for the architecture of the development; and
(k)
Location adjacent to existing development with a system of land subdivision and development which links one neighborhood to another and can be logically extended.
(2)
These standards are established to foster the development of comprehensively planned mix of land uses, housing types, and density, requiring skillful architectural and landscape design standards. This NVC District is also created to avoid the negative impacts of suburban sprawl by minimizing infrastructure costs, traffic congestion, and environmental degradation.
B.
Transect. Neighborhoods and villages have physical forms that vary in character and intensity. A neighborhood village center-to-countryside transect that describes these characteristics in existing communities is used as the organizing principle for a new neighborhood and village. A new neighborhood and village on land designated NVC is to be planned using the "transect zones" shown on Figure 1.[1] These transect zones must be delineated on a regulating plan prepared by an applicant and submitted with all subdivision or site plan applications.
[1]
Editor's Note: Figure 1 is included at the end of this Chapter 18:1.
C.
Minimum size. A new neighborhood and village shall not have a minimum size; however each neighborhood within an NVC District generally would be scaled upon a five-minute walk radius (approximately 1/4 mile, 1,320 feet) and range from about 40 to 160 acres not including land set aside for open spaces, greenbelts and Chesapeake Bay Critical Area components. The shape and form of the neighborhood is flexible and responds to physical or geological conditions, provided that the maximum one-fourth-mile radius benchmark for scale is generally maintained. The neighborhood is further divided into a series of blocks interconnected with a network and hierarchy of public streets, sidewalks, bicycle paths, trails and alleys. Parcels significantly larger than 160 acres should be developed as multiple neighborhoods, with each neighborhood designed to be integrated into an overall plan to create a larger village made up of two or more neighborhoods and the total site subject to all the provisions. Applications for sites significantly less than 40 acres shall be considered when adjacent to or integrated with an existing developed area, subdivision, neighborhood or development in designated growth areas.
D.
Approval process. The approval process for a new neighborhood and village in the NVC District shall be as provided elsewhere in Chapter 18 except as follows:
(1)
Regulating plan. In addition to other information required in this Chapter 18, the applicant must submit to the Planning Commission for approval a proposed regulating plan that complies with the following standards:
(a)
The entire area within the proposed plan and all adjoining roads, water resources, and other rights-of-way or easements must be shown on the regulating plan.
(b)
(c)
The precise location of proposed streets throughout the neighborhood or village, indicating the specific type of each street. Streets types must comply with the transect zone through which they pass and must provide right-of-way in accordance with the standards in Subsection P. See also Table 3 and Figures 5 through 16.[3]
[3]
Editor's Note: Table 3 is included following Subsection P. Figures 5 through 16 are included at the end of this Chapter 18:1.
(d)
Proposed lot lines do not need to be shown on the regulating plan, but all land to be subdivided into lots must indicate the proposed lot types, which must comply with the transect zones where the lots are to be located and be able to meet the development standards for each lot type.
(e)
The approximate location of the surface water management system, including its outfall and all connections with existing drainage features.
(f)
The location of civic spaces including those required by Subsection I, and whether the civic spaces qualify as open space components.
(g)
The location of civic uses.
(h)
The location of moderately priced dwelling units.
(i)
The proposed regulating plan must be accompanied by tabular data demonstrating compliance with all requirements of the NVC District.
E.
Phasing of a neighborhood and village. Preliminary approval must be obtained for the entire neighborhood or village, including its Open Space (OS) or Countryside/Greenbelt (T1) component, even if subsequent development may occur in phases. If final approval is sought in phases, the first phase must include the entire Open Space (OS) or Countryside/Greenbelt (T1) component including recorded easements indicating that residential density has been transferred into Low Residential (T4), Medium Residential (T5) and Mixed/Neighborhood Village Centers (T6). Each phase must indicate how the remaining phases are planned to be integrated with the earlier phases. Tabular data must be provided for existing phases and for all future phases to ensure that all requirements of the NVC District will be met. Commercial uses shall be developed generally commensurate with residential uses within the neighborhood or village. All of the above shall be depicted on a phasing plan to be approved by the Planning Commission.
[Amended 6-11-2013 by Ord. No. 13-07]
F.
Standards and requirements for transect zones.
(1)
All land within a new neighborhood or village must be allocated to one of the six transect zones described below; however, the use of all six transects zones in a new neighborhood or village is not required. Special Districts (SD) may be considered by the Planning Commission for public middle or high schools or other community facilities. Lands considered for meeting the required 20% minimum open space, active or passive recreation areas, recreational facilities, parks, plazas, greens, commons or squares must be identified as Open Space (OS), Lands considered for meeting the 5% minimum active recreation area must be identified as Active Recreation (AR). Each transect zone controls land use, lot types, street types, and the placement and intensity of buildings and other uses of land:
(2)
Allocation of land within each new neighborhood or village shall be as shown in Table 1.
Table 1 Allocation of Transect Zones [Amended 6-11-2013 by Ord. No. 13-17] | |
|---|---|
Transect Zone | Allocation |
Countryside/Greenbelt (T1) | 300-foot minimum average width/no maximum acreage |
Estate (T2)* | 1,320-foot minimum width/no minimum percentage/maximum 15% of total acreage |
Edge (T3)* | 200-foot minimum width/no minimum percentage/maximum 15% of total acreage |
Low Residential (T4)** | Minimum 30%/maximum 80% of acreage |
Medium Residential (T5)** | Minimum 5%/maximum 20% of acreage |
Mixed/Neighborhood Village Center (T6)** | Minimum 5%/maximum 40% of acreage |
Special District (SD) | Maximum 40 acres |
Open Space (OS) | Minimum 20% of acreage/no maximum acreage |
Active recreation (AR) | Minimum 5% of acreage/no maximum acreage |
NOTES: |
|---|
No development within a NVC District shall be located within 300 feet from tidal waters in the Chesapeake Bay Critical Area. A minimum of 20% of the total acreage must be allocated to common areas, open space, or required landscaping with an additional 5% of the total acreage allocated to Active Recreation (AR) with dedicated public access to water. Countryside/Greenbelt (T1) designated areas must maintain a minimum average width of 300 feet. Active Recreation may include but is not limited to: walkways and sidewalks sized to accommodate bicycling, jogging and other activities; pavilions; playing fields, playgrounds, village greens and pocket parks; and similar spaces in which public recreational activities regularly occur. |
* Residential density in the NVC District is intended to be directed into the Low Residential (T4), Medium Residential (T5) and Mixed/Neighborhood Village Center (T6) zones. Lots in the Estate and Edge zones must be supported by development rights transferred from an off-site eligible sending site. (See Chapter 18:1, Part 6, Article XX.) |
** The minimum and maximum percentage of allocation of Low Residential (T4), Medium Residential (T5) and Mixed/Neighborhood Village Center (T6) transect zones do not include land allocated to Countryside/Greenbelt (T1), Estate (T2) or Edge (T3) transect zones or required open space allocations. Additionally, NVC properties that also contain or abut Countryside (CS) zoned land may utilize the CS land to meet part of its open space requirements as determined by the Planning Commission as part of the Regulating Plan. The appropriate legal instruments shall be approved by the County restricting the uses on the CS property to open space only. Those uses may include but are not limited to passive recreation, stormwater management facilities, other resource protection uses. |
G.
Transect assignment concepts. A proposed regulating plan must clearly indicate the allocation of transect zones within the entire NVC District to define the character of various portions of the project. The following general guidelines shall be followed when proposing transect zones:
(1)
A neighborhood or village should generally have less intensity where it adjoins existing or planned development with less intensity. Where adjacent to a major or minor arterial, major or minor collector highway, or adjacent to an established urban area, the transect zones with greater intensity may adjoin that highway or urban area.
(2)
Similar uses should face across streets; changes in transect zones should generally occur along rear or side lot lines rather than along streets.
(3)
Where a neighborhood or village adjoins an existing or approved neighborhood, the neighborhood or village should establish similar transect conditions (such as Low Residential aligning with Low Residential, and Countryside/Greenbelt aligning with Countryside/Greenbelt). Transect juxtapositions may be approved by the Planning Commission where natural conditions warrant them or where alignment of similar transect conditions would be inappropriate due to existing or proposed uses on adjacent properties.
H.
Lot types. The neighborhood or village must contain a mixture of lot types to provide a variety of uses and diverse housing options. Differing lot types may be placed back-to-back on a single block to provide harmonious transitions between lot types. Lot types should be selected to provide buildings of like scale and massing on opposite sides of streets.
(1)
The neighborhood must contain at least one mixed-use or retail building lot and at least three civic building lots; one civic building must be constructed within two years after development commences.
(2)
The following lot types may be assigned within the corresponding transect zones as provided in Table 2. An applicant may propose additional lot types, provided the lot types comply with the intent of the NVC District; the Planning Commission shall decide whether to accept, modify, or reject such additional lot types during the approval process.
Table 2 Transect Zone Lot Types | ||||||
|---|---|---|---|---|---|---|
Countryside/ Greenbelt (T1) | Estate* (T2) | Edge* Residential (T3) | Low Residential (T4) | Medium Residential (T5) | Mixed/ Neighborhood Village Center (T6) | |
Mixed-use building lot | X | X | ||||
Retail building lot | X | X | ||||
Apartment building lot | X | X | ||||
Live/work lot building | X | X | ||||
Apartment houses lot | X | X | ||||
Townhouse lot building | X | |||||
Cottage house lot | X | X | ||||
Sideyard house lot | X | X | ||||
House lot | X | X | X | X | ||
Manor lot | X | X | X | |||
Edge tract | X | X | ||||
Civic building lot | X | X | X | X | X | X |
NOTES: * Lots in Estate and Edge transect zones are limited to a maximum of 15% of the land area. |
I.
Permitted uses.
(1)
The following uses are permitted within the NVC District.
(b)
All institutional uses, including golf courses.
(d)
Commercial uses are permitted only in association with a residential and/or institutional mixed-use development. The Planning Commission shall approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development plan. In order to approve any specific commercial use and its approximate size, the Planning Commission must find that the proposed commercial uses:
(e)
The following commercial uses are permitted as a component of a mixed-use development pending approval by the Planning Commission:
[1]
Retail and service business sized to accommodate the convenience and commercial needs of the community;
[Amended 6-11-2013 by Ord. No. 13-07]
[2]
Restaurants, fast-food restaurants (without drive through), taverns and bars;
[Amended 6-11-2013 by Ord. No. 13-07]
[3]
Business or professional offices;
[4]
Medical or veterinary offices or clinics;
[Amended 6-11-2013 by Ord. No. 13-07]
[5]
Banks or financial institutions;
[6]
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses such as conference facilities, aquatic facilities, health spas, athletic courts, etc.;
[7]
Marinas;
[8]
Barbershops and hairdresser;
[Added 6-11-2013 by Ord. No. 13-07]
[9]
Deli, coffee shops, ice cream stores and stands;
[Added 6-11-2013 by Ord. No. 13-07]
[10]
Dry cleaners and laundries;
[Added 6-11-2013 by Ord. No. 13-07]
[11]
Light mechanical repairs (e.g. watch, camera, computer, bicycle, television);
[Added 6-11-2013 by Ord. No. 13-07]
[12]
Photography, tailoring, copy shop, travel agencies, real estate offices and other service business;
[Added 6-11-2013 by Ord. No. 13-07]
[13]
Grocery stores and convenience stores (without gas pumps);
[Added 6-11-2013 by Ord. No. 13-07]
[14]
Studios for dance, exercise or martial arts;
[Added 6-11-2013 by Ord. No. 13-07]
[15]
Bowling alleys;
[Added 6-11-2013 by Ord. No. 13-07]
[16]
Stores selling liquor, beer or soft drinks (in sealed containers not for on-premises consumption);
[Added 6-11-2013 by Ord. No. 13-07]
[17]
Theatres, movie and live performances, both indoor and outdoors;
[Added 6-11-2013 by Ord. No. 13-07]
[18]
Day-care centers;
[Added 6-11-2013 by Ord. No. 13-07]
[19]
Commercial apartments; and
[Added 6-11-2013 by Ord. No. 13-07]
[20]
Other commercial uses with similar impacts and not inconsistent with the purpose of the NVC District as determined by the Planning Commission.
[Amended 6-11-2013 by Ord. No. 13-07]
(f)
Effluent disposal uses.
(g)
Home occupations.
(h)
Multifamily.
(i)
Resort country club.
(j)
Resort health and fitness clubs.
(k)
Single-family.
(l)
Commuter parking areas.
(3)
Residential uses including single-family detached dwellings, single-family attached dwellings and multiple-family dwellings. A maximum of 20% of the land area of the NVC District neighborhood may be allocated to multifamily housing.
(4)
Commercial uses in a NVC District neighborhood shall be part of an overall redevelopment or development plan. The floor area ratio for nonresidential uses is 0.150 of the base site area. No individual commercial use shall exceed 65,000 gross square feet.
[Amended 6-11-2013 by Ord. No. 13-07]
(5)
The following open space uses shall be permitted in conjunction with residential development: neighborhood parks; recreational facilities and playgrounds; bicycle paths; greens; commons; plazas and squares; or linkages to regional recreation and open space systems.
(6)
Civic building areas. Civic building areas are usually sited to adjoin civic spaces or to provide visual landmarks by being placed at the termination of streets, at the corner of a green, or within a green, Figure 2.[4] Civic building areas shall be a maximum of 10 acres, but no more than 25% of the gross land area.
(a)
In order to provide greater flexibility in building types and to allow more distinctive architectural expression, civic building areas do not include building frontage or front yard standards.
(b)
Oversized civic building areas, greater than 10 acres, such as those sometimes required for public middle schools, high schools or for churches with regional congregations should be located at the periphery of neighborhoods so as not to impede the walkability of the remainder of the neighborhood.
[4]
Editor's Note: Figure 2 is included at the end of this Chapter 18:1.
(7)
Civic spaces. Civic spaces must be designed and configured to be clearly recognizable as public open space. Civic spaces should be located so that building walls having at least 15% of their area in transparent windows face the public open space. Each neighborhood must have at least three separate civic spaces, which may include neighborhood parks, greens, commons, squares, plazas, and playgrounds, provided they are publically accessible in perpetuity.
(a)
Each civic space should be consistent with the character of the transect zone in which it is located. For example, a plaza located in the Mixed/Neighborhood Village Center (T6) transect zone would be detailed with hardscaping and a formal planting pattern of a single species, Figure 3,[5] while a neighborhood park in the Edge (T3) transect zone may be green with paths through an informal planting pattern of multiple species, Figure 4.[6]
[5]
Editor's Note: Figure 3 is included at the end of this Chapter 18:1.
[6]
Editor's Note: Figure 4 is included at the end of this Chapter 18:1.
(b)
Each civic space must have at least 25% of its perimeter and at least two sides directly adjoining a street.
(c)
Except for civic spaces located along the periphery of a neighborhood or village, the combined size of all civic spaces located within a neighborhood or village must be at least 2.5% but no more than 7.5% of the total acreage assigned to the Mixed/Neighborhood Village Center (T6), Medium Residential (T5), Low Residential (T4), and Edge (T3) transect zones.
(d)
Each civic space must provide shaded seating, trash receptacle, dog waste bags, and either a water fountain, a gazebo, or heritage/historic/wildlife statue.
(e)
Civic spaces placed in Countryside/Greenbelt (T1) transect zones are not counted toward these civic space requirements.
J.
Development standards.
(1)
A range of residential unit types and lot sizes is required and shall be mixed throughout the neighborhood or village, with small lot units located closer to the commercial center or mixed/neighborhood village center of the neighborhood. Density shall decrease from the center to the periphery of the neighborhood. Lot sizes and frontage shall comply with one of the types identified in Table 3.[7]
(2)
Residential development standards.
(a)
Density/Intensity requirements.
[1]
Maximum residential density. Density shall not exceed 4.0 units per acre for the entire site proposed for development unless apartment development is proposed which may allow up to 20 units per acre limited to the T5 and T6 transect to a maximum of five acres of the entire site proposed for development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
[a]
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[b]
The apartment development is providing workforce housing, age-restricted housing, or moderately priced housing.
[c]
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
[d]
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
(b)
Dimensional and bulk requirements.
[1]
Minimum open space ratio.
[a]
Within the proposed neighborhood a minimum of 20% of the gross land area shall be permanently dedicated to Open Space (OS). Such open space shall be made of greens, parks, squares, ponds, active recreation areas or buffer areas that are open to the public. An additional 5% of the gross land area shall be devoted to Active Recreation (AR).
[b]
Outside the proposed neighborhood, open space shall be provided to establish an edge or greenbelt separating the neighborhood from adjacent properties. Such open space shall represent no less than 20% of the land area constituting the neighborhood. The design and location of open space shall protect important natural assets, features and sensitive environmental features. These areas shall be designated as Open Space (OS) or Countryside/Greenbelt (T1) on the proposed regulating plan transect map.
[c]
Such open space shall establish a natural edge which may include wilderness preserves for wildlife and marine habitats, parks protecting the natural vegetation, greenbelts, hybrid parks, and undisturbed shoreline areas.
[2]
Lot area: See Table 4.[8]
[8]
Editor's Note: Table 4 is included at the end of this Chapter 18:1.
[3]
Minimum setbacks: See Table 4.
[4]
Maximum building height: See Table 4.
[5]
Minimum lot width: See Table 4.
[6]
Minimum lot frontage: See Table 4.
(3)
Nonresidential development standards.
(a)
(4)
Design standards.
(a)
Architectural compatibility.
[1]
A building must incorporate architectural styles, building materials, and colors used in surrounding buildings with exterior finish materials on all facades limited to brick, clapboard siding, and/or stucco.
[2]
Commercial and residential design styles should reflect vernacular architecture or Eastern Shore architectural forms.
[3]
A building greater than one story should clearly delineate the boundary between each floor of the structure through belt courses, cornice lines, or similar architectural detailing.
[4]
Attached buildings within the same block must not maintain consistent cornice lines in buildings of the same height within multifamily, townhome, nonresidential, or mixed-use structures.
[5]
Rooflines must be pitched or gabled. Overhanging eaves must be provided to the greatest extent possible.
[6]
Small groups of townhouses (four or less) may be designed to appear as large single-family structures.
[7]
Signs shall be limited to wall, awning, or hanging signs.
[8]
Significant departures from "off-the-shelf" standardized franchise building design may be required to meet these standards.
(b)
Human scale design.
[1]
Doorways, windows, and other openings in the facade of a building should be proportioned to reflect pedestrian scale and movement, and to encourage interest at the street level.
[2]
A building shall avoid long, monotonous, uninterrupted walls or roof planes. The facade of a building should be divided into distinct modules no longer than 100 feet.
[3]
A building that is located along a Mainstreet (MS) within the Mixed/Neighborhood Village Center (T6) transect zone shall be at least two stories in height. See Illustrations 1 and 2.[9]
[9]
Editor's Note: Illustrations 1 and 2 are included at the end of this Chapter 18:1.
[4]
Awnings, covered walkways, open colonnades, or similar weather protection must be provided by commercial structures.
[5]
A commercial use must provide a minimum 70% of the front facade on the ground floor as clear or lightly tinted windows, doors, or other treatments sufficiently transparent to provide views into the interior of buildings.
[6]
A residential structure with a front setback of five to 15 feet must provide a front porch or stoop on the front facade of the structure. Minimum width of a porch is four feet.
[7]
Rear access from an alley is required unless otherwise approved by the Planning Commission. If driveway access is provided from the street, the garage or carport may not face the street, unless it is located a minimum 20 feet behind the front facade of the principal structure.
(c)
Buildings that relate to and are oriented toward the street and surrounding buildings.
[1]
The structure must be located at the required build-to line.
[2]
The main entrance of a structure must face a street, neighborhood park, green, common, plaza or square and be clearly articulated through the use of architectural detailing.
[3]
Windows and doors on the front facade of a building should create lines of sight between the building and the street.
[4]
A building at an intersection of a Mainstreet (MS) or other significant intersection should use special architectural features to emphasize the importance of the location. Special architectural features include corner towers, cupolas, clock towers, spires, or other similar architectural features.
[5]
Structures with primary frontages on a neighborhood square shall be a minimum of two stories.
(d)
Encouragement of pedestrian activity.
[1]
The neighborhood must be scaled into walkable blocks in transect zones designated as Low Residential (T4), Medium Residential (T5) and Mixed/Neighborhood Village Center (T6). Typical block dimensions that encourage pedestrian activity range between 300 feet and 500 feet on a block face and do not exceed 500 feet on any single block face. Single blocks shall not exceed a total perimeter distance of 1,600 feet.
[2]
A parking lot must be located to the rear or side of the structure. If located at the side of the structure, the parking must be screened through the use of solid streetwalls or landscaping. Streetwalls should not exceed four feet in height.
K.
Off-street parking regulations.
(1)
A neighborhood and village must provide extensive on-street parking, a mix of compatible land uses, sidewalks and trails, and rear alleys or lanes.
(a)
Wherever possible, parking lots shall be located behind buildings so that buildings can screen parking areas from sidewalks and streets.
(b)
In no case may parking lots be located in front of a building.
(c)
Small parking lots in side yards may be permitted, provided the buildings they serve can meet the lot width and building frontage requirements of Table 4[10] and provided these lots are set back a minimum of 20 feet from lot lines adjoining rights-of-way, excluding alleys or lanes.
[10]
Editor's Note: Table 4 is included at the end of this Chapter 18:1.
(2)
Access to off-street parking.
(a)
In the Mixed/Neighborhood Village Center (T6) and Medium Residential (T5) transect zones, alleys or lanes shall be the primary source of access to off-street parking. In the Low Residential (T4), Edge (T3) and Estate (T2) transect zones, alleys or lanes are the desirable source of access to off-street parking. Parking along alleys or lanes may be head-in, diagonal, or parallel.
(b)
Alleys or lanes may be incorporated into parking lots as if they were standard parking access aisles. Access to all properties adjacent to the alley must be maintained.
(c)
Access between rear parking lots across property lines is strongly encouraged.
(d)
Alleys are required for townhouse development. Where alleys are used to provide rear access, buildings shall have secondary entrances facing the alley.
(3)
Parking structures are permitted only in the Mixed/Neighborhood Village Center (T6) transect zone and must be no taller than four stories and must be separated from adjacent streets by liner buildings at least two stories in height and no less than 20 feet in depth.
L.
Open Space (OS) and Countryside/Greenbelt (T1) standards.
(1)
Land in the Countryside/Greenbelt (T1) transect zone is an integral component of each neighborhood and village for the following purposes:
(a)
Preserving and enhancing rural character between neighborhoods;
(b)
Preserving and restoring native habitats;
(c)
Providing opportunities for sustained agriculture;
(d)
Mitigating the biological and ecological impacts of new development; and
(e)
Accommodating resource conservation areas within the Chesapeake Bay Critical Area.
(2)
To maximize both the aesthetics of the rural landscape and the biological and ecological systems intended by the Countryside/Greenbelt (T1) zone, projects must link to the greatest extent possible the areas set aside for these purposes both within the site as well as to any existing neighboring Countryside/Greenbelt (T1) areas, existing or planned passive parks, existing uses of an agricultural character, or environmental preserves.
(3)
For purposes of this section, three transect zones are used to designate the appropriate locations for most Countryside/Greenbelt (T1) components: the Estate (T2) and Edge (T3) zones which adjoin neighborhoods or other public spaces, and Countryside/Greenbelt (T1) zone which does not adjoin neighborhoods.
(4)
To ensure that the rural landscape is preserved, large areas of neighborhoods and villages must be reserved for Open Space (OS) or Countryside/Greenbelt (T1). Specific percentage standards for Open Space (OS) and Countryside/Greenbelt (T1) are established for each new neighborhood or village in Subsection F. The required Open Space (OS) or Countryside/Greenbelt (T1) percentage may be fulfilled by land that is restricted to a combination of the following components:
(a)
Agricultural uses and facilities, including farmers markets and agriculture-based industry;
(b)
Restored or preserved native habitat and environmentally significant or sensitive land;
(c)
Resource conservation areas or Chesapeake Bay Critical Areas including adjoining water management facilities and wastewater reuse facilities;
(d)
Greenbelts or passive recreation areas;
(e)
Community recreation areas such as community or regional parks, recreational fields, picnic areas, primitive campgrounds, greenways, and trails, provided they:
(5)
The location of Open Space (OS) or Countryside/Greenbelt (T1) components shall be located and arranged within the NVC District as described in this subsection.
(a)
Within the NVC District, any resource conservation area is to be designated as an Open Space (OS) or Countryside/Greenbelt (T1) transect zone.
(b)
The continuation of viable agricultural uses in the Open Space (OS) or Countryside/Greenbelt (T1) and on neighboring properties is a primary design goal for the Open Space (OS) or Countryside/Greenbelt (T1) zone. Such uses constitute unique and irreplaceable resources and are major contributors to the economy.
M.
Location of open space in Edge (T3), Low Residential (T4), Medium Residential (T5) and Mixed/Neighborhood Village Center (T6) transects.
(1)
The neighborhood shall contain as its central focus at least one commercial Mixed/Neighborhood Village Center (T6) area containing a square, common or park no smaller than 1/4 acre, and no greater than one acre with a length-to-width ratio of no greater than three to one. This square shall be within 600 feet of the geographic center of the Mixed/Neighborhood Village Center (T6) area.
(2)
The remaining public use in Edge (T3), Low Residential (T4) and Medium Residential (T5) areas, parks and greens shall be located and distributed such that no portion of the neighborhood is further than two blocks or 1,000 feet from a park, common, green, playground, plaza or square.
(3)
Design and location of open space shall reinforce the built environment, and make an explicit connection between buildings and open spaces.
N.
Forest conservation standards. Forest conservation standards for development in the NVC District outside of the Chesapeake Bay Critical Area are contained in Chapter 18:2 of this chapter.
O.
Landscaping requirements.
(1)
Street trees of a minimum three-inch caliper shall be planted at thirty-foot intervals along sidewalks in the Low Residential (T4), Medium Residential (T5), and Mixed/Neighborhood Village Center (T6).
(2)
Trees shall not be required when an arcade is provided in the Mixed/Neighborhood Village Center (T6).
(3)
Uniformity of tree types shall be used as a design element to provide visual identity to the neighborhood and reinforce the hierarchy of streets.
(4)
On any neighborhood boulevard (NB), median trees and landscaping are required. Median trees should be a minimum one-and-one-half-inch caliper, spaced 20 feet on center. Medians may also contain shrubs and plant groundcover.
(5)
Plantings in immediate proximity to buildings in front and side yards shall respect architectural lines (should be seen as extension of architectural walls).
(6)
Landscaping shall be used to improve the quality of the natural environment and to improve the quality of groundwater recharge.
(7)
Islands and other landscaping alternatives shall be incorporated into parking areas to add visual interest. The use of islands and perimeter gardens designed and landscaped to serve as bioretention facilities is encouraged.
(8)
For all parking lots with more than six spaces, the landscaped area shall be comprised of a minimum of 20% of the total parking area. One native shade tree which grows to a minimum height of 40 feet at maturity shall be required for each 300 square feet of the above required open space. Native shade trees shall have a minimum caliper of 2 1/2 inches at time of planting.
(9)
Landscaping shall be provided to screen facilities for refuse disposal. Facilities for refuse disposal shall be enclosed by solid fence or walls, and landscaping shall be installed around the perimeter.
P.
Street and pedestrian way standards.
(1)
All public streets shall be designed to accommodate a mix of travel modes including vehicles, bicycles and pedestrians. Pedestrianways and/or sidewalks shall be continuous, direct, and convenient with grade separation where necessary. The transportation system shall be designed so the multiple streets, bicycle paths, sidewalks and pedestrian paths continue into adjacent neighborhoods and development. Dead-end streets are prohibited, except street stubs are allowed, where necessary, at the edge of development to provide future connections to adjacent undeveloped properties if the adjacent land is not within a designated preserve or critical area.
(2)
Pedestrianways shall be secure, well lighted, and have good visibility.
(3)
Pedestrian pathways include a planting or buffer strip to separate pedestrians from the street and provide room for streetlight poles, pedestrian amenities, street trees, etc.
(4)
Sidewalks at least five feet in width, except for the Mixed/Neighborhood Village Center (T6), shall be provided and constructed of similar materials consistent with adjacent sites.
(5)
Pedestrian-scale streetlights (12 feet high) shall be provided at no greater than eighty-foot intervals along sidewalks and parking areas.
(6)
Sidewalks at least 10 feet in width shall be provided the entire length of property fronting the Mixed/Neighborhood Village Center (T6) main street core commercial areas. Connections to existing sidewalks adjacent to the property shall be provided when appropriate.
(7)
All nonresidential buildings shall include an area for parking bicycles. This area may be designated parking space within the parking lot near the building or an area outside the parking lot adjacent to the building. The bike parking area must include a bike rack and shall not impair sidewalks, pedestrianways and access to less than four feet of clearance or width.
(8)
Neighborhood design shall provide a streetscape interesting to pedestrians that encourages more people to walk.
(9)
Restaurants shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired to less than four feet of clearance or width.
(10)
Buildings shall be oriented to directly face the street, a square, a common, a park, a plaza, or green, with front entrances and display windows oriented to directly face a street, a park, a plaza, or green at the street level.
(11)
The location and design of garages, carports and parked vehicles shall not dominate the view of the dwelling from the street, such that to the extent possible, on-street parking or access to garages and carports are to be provided from a rear alleyway or access.
(12)
Interconnected streets shall be designed in a predictable block pattern to encourage people to walk and provide a variety of route options.
(13)
All streets and alleys shall terminate at other streets within the neighborhood and where appropriate connect to existing and projected through streets outside the development.
(14)
The average perimeter of all blocks within the neighborhood shall not exceed 1,600 feet. No block face shall have a length greater than 500 feet without a dedicated alley or vehicular pathway providing through access.
(16)
The long axis of neighborhood streets shall have appropriate termination with either a public monument, specifically designed building facade, or a gateway to the ensuing space.
(17)
There shall be a continuous network of service lanes or alleys to the rear of land uses occupied by shop fronts and attached houses.
(a)
Shared driveways and parking arrangements are encouraged.
(b)
Commercial intensity is based upon a hierarchy of streets, locational criteria and a neighborhood village center-to-countryside transect that defines the zoning district. High commercial uses may be feasible in neighborhoods and villages within close proximity to major and minor arterial roads.
Table 3 Allowable Street Types By Transect Zone | ||||||
|---|---|---|---|---|---|---|
Street Types | Countryside/ Greenbelt (T1) | Estate (T2) | Edge (T3) | Low Residential (T4) | Medium Residential (T5) | Mixed/ Neighborhood Village Center (T6) |
Mainstreet (MS) | X | X | ||||
Neighborhood Boulevard (NB) | X | X | X | X | X | |
Avenue (AV) | X | X | X | |||
Low Neighborhood Street (LS) | X | X | X | |||
Neighborhood Street (NS) | X | X | X | |||
Edge Drive (ED) | X | |||||
Estate Drive (ES) | X | X | ||||
Parkway (PK) | X | X | X | |||
Rural Road (RD) | X | |||||
Alley (AL) | X | X | X | |||
Lane (LN) | X | X | X | X | ||
Trail (TR) | X | X | X | X | X | |
Q.
Lot development standards.
(1)
Lot widths within Low Residential (T4), Medium Residential (T5) areas shall range between 20 and 80 feet in width and should be varied by lot type as indicated in Table 4.[12] Estate, Edge, Manor, mixed-use and apartment building lots shall not have a maximum width.
[12]
Editor's Note: Table 4 is included at the end of this Chapter 18:1.
(2)
Lot widths shall be designed to ensure that garages do not dominate the front facade of residential structures
(3)
Build-to lines for commercial buildings create a continuous streetscape and interesting environment for pedestrians.
(4)
Buildings on shopfront lots shall have the facade built directly on the build-to line along at least 70% of its length. The unbuilt portion of the build-to line shall have a street wall directly upon it.
(5)
Lot sizes shall be designed to keep houses close to each other and to the street.
(6)
Lot widths within commercial or mixed-use areas shall have a minimum width of 24 feet.
§ 18:1-28 Town Center (TC) District.
[Amended 9-7-2004 by Ord. No. 04-12; 9-7-2004 by Ord. No. 04-13; 9-7-2004 by Ord. No. 04-18; 9-7-2004 by Ord. No. 04-19; 8-19-2008 by Ord. No. 08-11;[1] 8-9-2011 by Ord. No. 11-11; 10-9-2018 by Ord. No. 18-02; 7-13-2021 by Ord. No. 21-03; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. This district is intended to provide higher-density, mixed-use development and redevelopment along the Chester Main Street corridor as identified in the Chester/Stevensville Community Plan (MD Route 18, Main Street, Postal Road and Piney Creek Service Road). Design standards and guidelines are incorporated within this district to foster an attractive, pedestrian-oriented pattern of mixed-use residential and nonresidential development that focuses on the local roads as opposed to U.S. 50/301.
B.
Location. The TC District is intended to have specific application to the planning area identified by the Chester/Stevensville Community Plan.
C.
Uses.
(1)
Permitted uses.[2]
(a)
Agricultural support.
(b)
Apartment development.
(c)
Bed-and-breakfasts.
(d)
Cannabis licensed dispensary.
(e)
Carry-out food service.
(f)
Coffee shop.
(g)
Commercial apartments.
(h)
Convenience stores, with or without gas pumps.
(i)
Country inn.
(j)
Country store.
(k)
Deli.
(l)
Drive-through beverage stand.
(m)
Effluent disposal.
(n)
Family day-care center.
(o)
Farmers market.
(p)
First-floor commercial apartments.
(q)
Fraternal organizations.
(r)
Funeral homes.
(s)
Group day-care center.
(t)
High commercial.
(u)
Home occupations.
(v)
Hotels.
(w)
Institutional residential.
(x)
Institutional residential use for five or fewer residents.
(y)
Large-lot subdivision.
(z)
Low commercial uses.
(aa)
Major multifamily.
(cc)
Marinas.
(dd)
Medium commercial.
(ee)
Minor multifamily.
(ff)
Nonprofit and for-profit institutional.
(gg)
Nurseries.
(hh)
Outdoor recreation.
(ii)
Parking.
(jj)
Private stables.
(kk)
Public services.
(ll)
Public utilities.
(mm)
Regional shopping centers.
(nn)
Shopping centers.
(oo)
Single-family residential.
(pp)
Veterinary offices.
(rr)
Mixed-use development incorporating permitted uses on the same site or within the same structure are permitted.
(ss)
Self-storage facility (interior access only).
[2]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
D.
Development standards.
(1)
In general. Applications for development in the TC District shall meet the following standards in addition to all other applicable requirements of this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within this Chapter 18 may be found to conflict with the standards contained in this section, only the standards contained in this section shall apply. The Planning Commission may establish modified building restriction lines, parking, landscaping and buffer yard requirements on a case-by-case basis in order to ensure consistency with the TC District design guidelines and the purpose of this section.
(2)
Residential development standards.
(a)
Density/intensity requirements.
[1]
Maximum residential density.
[a]
Single-family cluster: 3.2.
[b]
Multifamily: 10.00.
[c]
Apartment development: 10.00.
[d]
Large-lot subdivision: equal to total site area divided by minimum large-lot area.
[f]
In the planning area, the Planning Commission may increase the density for apartment development to 20 units per acre provided:
[i]
The site area does not exceed five acres for the apartment development.
[ii]
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[iii]
The apartment development is providing workforce housing, age-restricted housing or other moderately priced housing.
[iv]
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
[v]
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
(3)
Nonresidential development standards.
(a)
Density/intensity requirements.
[2]
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
[a]
Agricultural support;
[b]
Apartment development;
[c]
Auto repair with repair areas;
[d]
Banks and other financial facilities;
[e]
Boat sales and repairs;
[f]
Bowling alleys;
[g]
Commercial apartments;
[h]
Commercial or trade schools;
[i]
Country inn;
[j]
Hotels;
[k]
Nonprofit and for-profit institutional;
[l]
Light industrial as permitted in § 18:1-28C(1)(oo) where incidental retail stores do not exceed 25,000 square feet of gross floor area;
[m]
Marinas;
[n]
Major multifamily;
[o]
New and used vehicle sales/service and repair with exterior storage and/or repair areas;
[p]
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices;
[q]
Recreational vehicle sales;
[r]
Public uses; and
[s]
Theaters and auditoriums (indoor).
(4)
Access. All development and redevelopment in the TC District shall be required to limit and consolidate entrances and curb cuts, to the extent practical, through the use of shared entrances, off-site parking, internal circulation systems that connect parking areas and other means. All development and redevelopment shall be in accordance with the Vehicular and Pedestrian Access and Circulation Standards of the Design Standards adopted by Resolution of the County Commissioners No. 08-05, Town Center (TC) and Urban Commercial (UC) Design Standards: Commercial and Mixed-Use Development Guidelines, as amended.
(5)
Design guidelines. All new development, infill, redevelopment and renovations in the TC District are strongly encouraged to incorporate the design guidelines adopted by Resolution of the County Commissioners No. 08-05, Town Center (TC) District and Urban Commercial (UC) District Design Standards: Commercial and Mixed-Use Development Standards, as amended. The Planning Commission shall consider these guidelines and the community design objectives of the Chester/Stevensville Community Plan in its review of all new development, infill, redevelopment and renovations within the TC District. The Planning Commission may not approve development applications that have not made a practical and good faith effort to comply with the adopted Town Center (TC) District and Urban Commercial (UC) District Design Standards, as amended, and community design objectives of the Chester/Stevensville Community Plan, and the following provisions of this section.
(a)
Front setbacks should be reduced to bring buildings and structures closer to the street and sidewalks in order to foster town-scale streetscape and encourage pedestrian activity.
(b)
Side setbacks and yards between buildings should be reduced to foster a town-scale streetscape and encourage pedestrian activities.
(c)
Roadside sidewalks are required to be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks are to be provided in accordance with the Town Center (TC) and Urban Commercial (UC) Design Standards on Pedestrian Access and Circulation.
(d)
Parking location and layout shall be in accordance with the Town Center (TC) and Urban Commercial (UC) Design Standards.
(e)
Newly installed utility and service connections are to be placed underground wherever possible.
(f)
Exterior lighting shall be designed in accordance with the Town Center (TC) and Urban Commercial (UC) Design Standards.
(g)
Building design, location, style, architectural details, materials and colors shall adhere to the Town Center (TC) and Urban Commercial (UC) Design Standards.
(h)
Mechanical equipment or other utility equipment and hardware shall be screened in accordance with the Town Center (TC) and Urban Commercial (UC) Design Standards. Screening of outside storage areas and service equipment shall also be accomplished in accordance with the Town Center (TC) and Urban Commercial (UC) Design Standards.
(i)
Pedestrian-oriented open spaces shall be created in accordance with the Town Center (TC) and Urban Commercial (UC) Design Standards.
(j)
Multiple-story buildings with commercial uses on the ground floor and mixed office or residential uses on upper floors are encouraged.
E.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for TC projects.
(1)
A preapplication conference between the applicant and Department of Planning and Zoning staff is required for all TC District development.
(2)
The applicant shall submit any additional information plans, specifications, documents, drawings, etc., as necessary to determine compliance with the requirements of this Chapter 18:1 and the Town Center (TC) and Urban Commercial (UC) Design Standards: Commercial and Mixed-Use Development Standards, as amended.
G.
Landscaping requirements.
(1)
The number of plantings required in the TC District shall be consistent with the number of plantings required in the UC District.
(2)
The location of required plantings can be adjusted to accomplish the Town Center (TC) and Urban Commercial (UC) Design Standards adopted by Resolution of the County Commissioners No. 08-05, Town Center (TC) and Urban Commercial (UC) Design Standards: Commercial and Mixed-Use Development Guidelines, as amended.
(3)
To accomplish the Town Center (TC) and Urban Commercial (UC) Design Standards: Commercial and Mixed-Use Development Standards, as amended, additional landscaping may be necessary.
[1]
Editor’s Note: This ordinance also provided that it shall apply only to development applications filed on or after 7-10 2008.
§ 18:1-29 Stevensville Master-Planned Development (SMPD) District.
[Amended 7-8-2008 by Ord. No. 08-12]
A.
Purpose.
(1)
This district is intended to provide for master-planned residential or mixed-use development on sites at appropriate locations as identified in the Chester/Stevensville Community Plan. The district provides for a flexible development concept, good site design, architectural integration in the configuration and style of buildings, functional open space and required public facilities as part of a unified and coherent plan of development. Permitted uses generally include a variety of housing types, institutional uses and nonresidential uses that can be compatibly integrated within the development.
(2)
The SMPD District is created where public utilities (water and sewer) and infrastructure (roads, walkways, and hike/bike trails) may be extended and interconnected with existing and/or planned public utilities and infrastructure. New development of parcels should be accomplished in a way to integrate approved residential uses with commercial and institutional uses of a size and scale designed to provide needed and appropriate services to the Stevensville community.
B.
Location. The SMPD District is intended to have specific application to the Chester/Stevensville Community Planning Area. As such, the SMPD District may only be applied to lands as designated by the Chester/Stevensville Community Plan.
C.
Permitted uses. The following uses are permitted within the SMPD District:
(1)
All institutional uses.
(4)
Commercial uses are permitted only in association with a residential and/or institutional mixed-use development. The Planning Commission shall approve the type and size of any commercial use(s) proposed as a component of an overall mixed-use development plan. In order to approve any specific commercial use and its appropriate size, the Planning Commission must find that the proposed commercial use:
(5)
The following commercial uses are permitted as a component of a mixed-use development pending approval by the Planning Commission:
(a)
Small-scale retail and service businesses sized to accommodate the convenience and commercial needs of the Stevensville community; and
(b)
Restaurants;
(c)
Businesses or professional offices;
(d)
Medical offices or clinics;
(e)
Banks or financial institutions;
(f)
Hotels, country inns, bed-and-breakfasts and associated ancillary resort uses, such as conference facilities, aquatic facilities, health spas, athletic courts, etc.;
(g)
Marinas; and
(h)
Other commercial uses with similar impacts as determined by the Planning Commission.
(6)
Effluent disposal uses.
(7)
Home occupations.
(8)
Multifamily.
(9)
Resort country club.
(10)
Resort health and fitness clubs.
(11)
Single-family.
E.
Development standards.
(1)
In general. Applications for development in the SMPD District shall conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within the Chapter 18 may conflict with standards contained in this section or the Design Standards for New Neighborhoods, only the standards in this section shall apply.
(2)
Use mix. In a mixed-use development that includes commercial uses, no more than 50% of the developed portion (total site area less the required 25% of open space area) of the site may be utilized for commercial use.
(3)
Maximum density. Maximum density for a SMPD District development shall be 3.5 dwelling units per acre for that portion of the development used for residential purposes and 4.375 dwelling units per acre if TDRs are used unless apartment development is proposed which may allow up to 20 units per acre limited to a maximum of five acres of the proposed master planned development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
(b)
The apartment development is providing workforce housing, age-restricted housing, or other moderately priced housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
If the unified development plan consists of more than one parcel or lot, the acreage of the parcels or lots may be combined to compute the allowable residential density. If the development plan combines parcels or lots to compute allowable residential density, the lots or parcels may not thereafter be considered separately in any subdivision, site plan, or zoning certificate approvals. |
(4)
Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a SMPD District development is 25%. The maximum floor area ratio may be increased up to 25% if transferable development rights are utilized.
(5)
Planning Commission final determination on maximum density and floor area ratio. The Planning Commission may require a lower residential density and/or floor area ratio if it finds that the maximum permitted density or floor area ratio would result in:
(a)
Development that is not compatible with existing or anticipated development in the surrounding area;
(b)
Development that creates a detrimental impact on the environment; or
(c)
Development that will render existing or planned public facilities, including, but not limited to, roads, water, sewer, and schools inadequate.
(d)
The Planning Commission may also find that a proposed residential density and/or floor area ratio is not consistent with the Community Plan and is too low and would not be an efficient use of limited lands zoned for master-planned development, in which case the Planning Commission may make recommendations to the applicant to revise the plan in a way to be consistent with the Community Plan. In no case may the residential densities and floor area be greater than permitted by this section.
(6)
Open space.
(a)
Common or public open space shall comprise at least 25% of the total site area. A minimum of 10% of the required common or public open space shall be utilized and developed for active recreational activities as defined in § 18:1-12 of this Chapter 18:1. If the open space is to be commonly owned, instead of being dedicated to the County, legal documentation ensuring its continuance and maintenance must be submitted to and approved by the Planning Commission.
(b)
The physical distribution of open space shall conform to the Design Standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended.
(7)
Design standards.
(a)
Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, and lighting shall be determined by the Planning Commission for each individual development in the SMPD District shall conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended; except that no telecommunications facility shall exceed 55 feet in building height. In determining these standards, the Planning Commission shall consider the unique factors of each development, such as the proposed density/intensity of the development, use mix, the layout of buildings, roads, and walkways, environmental protection considerations, the architectural and landscaping features incorporated into the development, buffer yards between uses and along property lines and compatibility of the proposed development with existing or anticipated development on surrounding lands. The purpose of these standards is to provide design flexibility, consistent with public health and safety, to the developer who subdivides property and constructs buildings in accordance with a unified and coherent plan of development.
(b)
All lighting proposed on properties near the Airport District must be directed away or shielded from the airport and designated flight path.
(c)
Properties developing near the existing airport should provide fencing, berming and a landscaping buffer to minimize impacts of noise and glare from the existing airport on the proposed development. Proposed developments should also provide berming, landscaping and fencing to minimize any adverse impacts to the airport property.
(d)
Potential safety conflicts between the existing airport and new development shall be minimized. Site design, including building height, building location, and landscaping, should consider the on-site and off-site impacts of the existing airport. All new buildings should be constructed at a height that does not encroach into the transitional and approach surfaces established by the Federal Aviation Administration as of the adoption date of this Chapter 18.
(8)
Traffic circulation and pedestrian linkages shall conform to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended, and:
(a)
On-site and off-site streets, traffic circulation patterns and pedestrian linkages shall be adequate to accommodate the demands generated by the proposed development. Where practical, streets and pedestrian linkages shall be designed to connect with adjacent parcels where future development is anticipated.
(b)
Private internal streets/roads are permitted if the Department of Public Works and Planning Commission find that such streets/roads will be adequate to carry projected traffic, will be properly maintained, and are more appropriate to the overall development design than public streets.
(c)
Existing County roads that may be extended and utilized as either minor or major collector streets shall be appropriately utilized and extended as minor or major collector streets.
(d)
The layout of a proposed subdivision, when possible, shall seek to develop minor and/or major collector streets, with bike lanes, to carry traffic generated by the local streets in the development to destinations within or outside of the development.
(e)
All roads and streets shall be closed sections with sidewalks and adequate drainage/stormwater management and shall be generally consistent with current roads standards.
(f)
Streets shall generally loop or interconnect; dead-end streets (except where a street is closed pending development of an adjoining parcel) and culs-de-sac shall be avoided unless there is no other development alternative.
(g)
Transportation improvements must be determined to be consistent with the transportation element of the Community Plan and any County corridor management plan or transportation plan adopted by the County.
(9)
Development phasing.
(b)
Construction on the commercial component of a mixed-use project involving residential development shall not commence until at least 50% of the required sewer and water allocation for the residential development has been purchased and on-site sewer, water, and road improvements and recreational amenities necessary to service 50% of the residential component have been completed, as provided for in the developer's agreement and approved by the Planning Commission.
(10)
Sign standards. Sign standards for commercial development in the SMPD District shall be the same as those applying to the SC District, including the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended. Sign standards for all other types of development in the SMPD District shall be the same as those applying to the SR District.
F.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for SMPD projects:
(1)
A preapplication conference between the applicant, Department of Planning and Zoning staff and staff from other County departments (as applicable) is required for all SMPD District development.
(2)
A comprehensive array of supporting information and analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as part of the sketch and/or concept plan application. Required information and studies shall include an adequate public facilities study, historic features and cultural resources inventory, and an environmental impact assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate such impacts.
(3)
The applicant shall submit any additional information, plans, specifications, documents, architectural renderings, etc., necessary to determine compliance with the SMPD District standards contained in the Planning Commission findings contained in Subsection F(4) below.
(4)
Planning Commission findings. The Planning Commission must make the following findings in order to grant approval to development proposals in the SMPD District. The proposed development conforms with all applicable requirements of this section including:
(a)
Roads and streets loop and connect internally and, to the extent practicable, are configured to interconnect and be extended into the road and street network that may be developed on adjacent undeveloped land;
(b)
Hike and bike lanes/walkways are provided for nonvehicular public access to the development that connect with existing hike and/or bike lanes/walkways and are able to connect with hike/bike lanes/walkways that may be developed on adjacent undeveloped land;
(c)
A minimum of 25% of the land in the proposed development is devoted to commonly or publicly owned open space and meets the requirements for mandatory parkland dedication.
(e)
The proposed development conforms to the Stevensville Community Plan;
(f)
The proposed development will not adversely impact the adequate and orderly provision of public services and facilities for the area;
(g)
The proposed development, in conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities standards with regard to traffic;
(h)
The proposed development will minimize negative environmental impacts and reasonably protect environmentally sensitive areas and any important historical or cultural features of the site;
(i)
The proposed development is designed to be compatible with existing development in the surrounding neighborhood and/or will incorporate adequate screening, landscaping and buffer yards to minimize impacts on the surrounding neighborhood; and
(j)
The proposed development contains open space and recreation facilities designed to serve the needs of the development and, where appropriate, the needs of the surrounding community and conforms to the design standards adopted by resolution of the County Commissioners No. 08-06, Design Standards for New Neighborhoods: A guide to creation of Smart Neighborhoods in the CMPD & SMPD Zoning Districts, as amended.
§ 18:1-30 Grasonville Planned Residential Neighborhood (GPRN) District.
A.
Purpose. This district is intended to provide for planned residential developments on sites as identified in the Grasonville Community Plan. The district provides for a flexible development concept, good site design, architectural integration in the configuration and style of buildings, functional open space, adequate public facilities, and the protection of sensitive natural, cultural and historic resources as part of a unified and coherent plan of development. Permitted uses generally include a variety of housing types, institutional uses and certain nonresidential uses which can be compatibly integrated within the development.
[Amended 7-10-2012 by Ord. No. 12-02]
B.
Location. The GPRN District is intended to have specific application to the Grasonville Growth Area. As such, the GPRN District may only be applied to lands designated as "Planned Neighborhood Development" by the Grasonville Community Plan.
C.
Uses.
(1)
Permitted uses. The following uses are permitted within the GPRN District:
D.
Development standards.
(1)
In general. Applications for development in the GPRN District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards within the Chapter 18 may conflict with standards contained in this section, only the standards in this section shall apply.
(2)
Use mix. In a GPRN District development, a minimum of 75% of the total residential units shall be single-family, fully detached homes. A maximum of 25% of the total residential units may be attached housing units.
(3)
Density. Maximum density for the residential portion of the GPRN District development shall be 3.5 dwelling units per acre unless transferable development rights are utilized. If transferable development rights are utilized, the maximum gross density for the residential portion of the site may be increased to a maximum of 4.375 dwelling units per acre unless apartment development is proposed which may allow up to 20 units per acre limited to a maximum of five acres of the proposed planned residential neighborhood development subject to the following conditions:
[Amended 7-10-2012 by Ord. No. 12-02]
(a)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
(b)
The apartment development is providing workforce housing, age-restricted housing, or other moderately priced housing.
(c)
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
(d)
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
(4)
Maximum floor area ratio. Maximum floor area ratio for the nonresidential portion of a GPRN District development is 25%. The maximum floor area ratio may be increased up to 25% if transferable development rights are utilized.
(5)
Planning Commission final determination on maximum density and floor area ratio. The Planning Commission may require a lower residential density and/or floor area ratio if it finds that the maximum permitted would result in development that would:
(a)
Not be compatible with existing or anticipated development in the surrounding area;
(b)
Create a detrimental impact on the environment; or
(c)
Create a situation where existing or planned public facilities, including, but not limited to, roads and schools, would not be adequate to serve the demands created by the development.
(6)
The Planning Commission may allow apartment development at a density of 20 units per acre, provided:
[Added 7-10-2012 by Ord. No. 12-02[1]]
(a)
The site area does not exceed five acres for the apartment development.
(b)
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
(c)
The apartment development is providing workforce housing, age-restricted housing, or other moderately priced housing.
(d)
Landscape screening is provided for the structure and parking, areas for adjacent single-family residential uses.
(e)
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
[1]
Editor's Note: This ordinance also renumbered former Subsection D(6) through (11) as Subsection D(7) through (12), respectively.
(7)
Open space. Common or public open space shall comprise at least 25% of the total site area. A minimum of 10% of the required common or public open space shall be utilized and developed for active recreational activities as defined in § 18:1-12 of this Chapter 18:1. If the open space is to be commonly owned, legal documentation ensuring its continuance and maintenance must be submitted to and approved by the Planning Commission.
(8)
Design standards. Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, lighting and road standards shall be determined by the Planning Commission for each individual development in the GPRN District; except that no telecommunications facility shall exceed 55 feet in building height. In determining these standards the Planning Commission shall consider the unique factors of each development, such as the proposed density/intensity of the development, use mix, the layout of buildings and roads, environmental protection considerations and the compatibility of the proposed development with existing or anticipated development on surrounding lands. The purpose of these standards is to provide design flexibility, consistent with public health and safety objectives, for a unified and coherent plan of development that is best suited for each individual development site.
(9)
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. Where practical, streets and pedestrian linkages shall be designed to connect with adjacent parcels where future development is anticipated. The scale of local access roads shall be minimized to slow traffic, provide for safe pedestrian movement and minimize grading and clearing. All roads and streets shall be closed sections with sidewalks and adequate drainage/stormwater management. Streets shall generally loop or interconnect; dead ends and culs-de-sac shall be discouraged unless other preferred street design options are not practical.
(11)
Sign standards. Sign standards for residential and nonresidential development in the GPRN District shall be the same as those applicable to the SR District.
E.
Development review process. Notwithstanding the provisions of Chapter 18:1, Part 7, the following items shall apply to the development review process for GPRN projects:
(1)
A preapplication conference between the applicant, Department of Planning and Zoning staff and staff from other County departments (as applicable) is required for all GPRN District development.
(2)
A comprehensive array of supporting information and analysis regarding the impacts of the proposed development on the community is required to be submitted by the applicant as part of the sketch and/or concept plan application. Required information and studies shall include an adequate public facilities study, historic features and cultural resources inventory, and an environmental impact assessment. These studies shall be approved by the appropriate County agencies. Each study should clearly identify any significant adverse impacts resulting from the proposed development, as well as means employed to minimize and mitigate such impacts.
(3)
The applicant shall submit any additional information, plans, specifications, documents, architectural renderings, etc., necessary to determine compliance with the GPRN District standards contained in the Planning Commission findings in Subsection E(4).
(4)
Planning Commission findings. The Planning Commission must make the following findings in order to grant approval to development proposals in the GPRN District:
(b)
The proposed development conforms to the Grasonville Community Plan;
(c)
The proposed development will not adversely impact the adequate and orderly provision of public services and facilities for the area;
(d)
The proposed development, in conjunction with existing and reasonably anticipated development in the surrounding neighborhood, will meet the adequate public facilities standards with regard to traffic;
(e)
The proposed development will minimize negative environmental impacts and reasonably protect environmentally sensitive areas and any important historical or cultural features of the site;
(f)
The proposed development is designed to be compatible with existing development in the surrounding neighborhood and/or will incorporate adequate screening, landscaping and buffer yards to minimize impacts on the surrounding neighborhood; and
(g)
The proposed development contains open space and recreation facilities designed to serve the needs of the development and, where appropriate, the needs of the surrounding community.
§ 18:1-31 Stevensville Historic Village Center (SHVC) District.
A.
Purpose. This district is intended to preserve and reinforce the small town, historic and pedestrian-scale character of the mixed-use village center of Stevensville and provide for development of similar character in certain areas adjacent to the existing center.
B.
Location. The SHVC District is intended to have specific application to the Stevensville Growth Area. As such the SHVC District may only be applied to lands in the Stevensville Growth Area.
C.
Uses.
(1)
Permitted uses. The following uses are permitted within the SHVC District:[1]
(b)
All other office uses.
(d)
Antique, craft and art studios and shops.
(e)
Banks and other financial facilities.
(f)
Barbershops and hairdressers.
(g)
Bed-and-breakfast.
(h)
Business or professional offices.
(i)
Commercial apartments.
(j)
Country inn.
(k)
Day care, family.
(l)
Dry cleaners.
(m)
First-floor commercial apartments.
(n)
Funeral home.
(o)
Garden center, garden supplies and greenhouses.
(p)
General/convenience store, no gas sales.
(q)
Home occupations.
(r)
Hotel.
(s)
Ice cream stores and stands.
(t)
Institutional, nonprofit.
(u)
Institutional, outdoor recreation.
(v)
Institutional, residential serving five or fewer residents.
(w)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(x)
Light mechanical repair store (watches, cameras, bikes, electronics).
(y)
Medical offices and clinics.
(z)
Minor multifamily development.
(aa)
Minor single-family cluster subdivision.
(bb)
Noncommercial forestry.
(cc)
Photography.
(dd)
Print/copy shop.
(ee)
Private stables.
(ff)
Public service.
(gg)
Restaurants, no drive-through.
(hh)
Retail sales or stores.
(ii)
Service businesses.
(jj)
Single-family residential.
(kk)
Tailoring.
(ll)
Travel agencies.
(mm)
Upholstering and upholstery store.
(nn)
Veterinary offices.
[1]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
(2)
Conditional uses. The following uses are allowed as conditional uses:
(a)
Auto repair with no exterior storage or repair areas.
(b)
Boat sales and repairs.
(c)
Commercial forestry.
(d)
Commercial or trade schools.
(e)
Commercial stables.
(f)
Day care, group.
(g)
Fraternal organizations.
(h)
Furniture sales.
(i)
Grocery stores and supermarkets.
(j)
Institutional, for-profit.
(k)
Institutional, residential serving six or more residents.
(l)
Lawn mower and garden equipment sales.
(m)
Major multifamily development.
(n)
Major single-family cluster subdivision.
(o)
Nurseries.
(p)
Package stores (sealed containers not for consumption on-premises).
(q)
Public utilities.
(r)
Taverns and bars.
(s)
Theaters and auditoriums.
(t)
Warehouses with no exterior storage.
D.
Development standards.
(1)
In general.
(a)
Applications for development in the SHVC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18 may conflict with standards contained in this section, only the standards in this section shall apply.
(b)
The Planning Commission may establish modified building restriction lines, parking, landscaping and buffer yard requirements on a case-by-case basis to ensure consistency with the SHVC District design guidelines.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for institutional and public uses.
(2)
Residential development standards.
(a)
(3)
(4)
SHVC District design guidelines. All new development and redevelopment in the SHVC District is strongly encouraged to incorporate the following design guidelines intended to preserve and enhance the historic village character of the area. The Planning Director and/or Planning Commission shall consider these guidelines and the applicable design objectives of the Stevensville Community Plan when reviewing and approving development and redevelopment within the SHVC District. The Planning Director and/or Planning Commission may not approve applications that have not made a practical and good faith effort to comply with the following design guidelines.
(a)
Demolition of historic buildings should be avoided whenever possible. Existing architectural and historic character should be reinforced. Renovations of existing historic buildings should generally follow the Secretary of the Interior's Standards for Rehabilitating Historic Buildings.
(b)
New construction should be compatible with nearby buildings in terms of building height, width proportion, bulk, setbacks, roof forms, window and door forms and spacings, etc. Use of common design motifs found in the area, such as cupolas, should be encouraged.
(c)
Mechanical equipment and storage/service areas should be screened from public view.
(d)
On-premises signage should be complementary to the architecture of buildings on the site. Signage should be designed at a size and scale oriented towards pedestrian traffic versus automobile traffic.
(e)
Front setbacks should be reduced to bring buildings and structures closer to this street and sidewalks in order to encourage pedestrian activity.
(f)
To the extent practical, parking should be to the side and rear of buildings with allowances for shared and satellite parking. Connecting rear and side parking areas should be encouraged. Individual curb cuts should be reduced.
(g)
Roadside curbs and sidewalks should be provided along with sidewalks linking to buildings.
(h)
Attractive landscape transition to adjoining properties should be provided, and existing mature landscaping and trees should be preserved. Landscape and screening treatments between potentially incompatible uses (i.e., commercial adjacent to residential) should be provided.
(i)
Parking areas and streetscape sidewalks should be enhanced with landscaping.
(j)
Exterior lighting should be restrained and compatible with the historic character of the area. Excessive brightness and glare to surrounding properties should be avoided.
(k)
Hedges, decorative fences and other forms of landscaping should be used to close gaps between buildings and better define the streetscape.
(l)
Pedestrian-oriented open spaces should be created by groupings of buildings in relation to the street.
(m)
Multiple-story buildings with commercial uses on ground floors and office or residential uses on upper floors should be encouraged.
(n)
Full architectural treatment should be provided on all facade elevations visible from a public way.
§ 18:1-32 Grasonville Neighborhood Commercial (GNC) District.
A.
Purpose. This district is intended to foster residential and certain types of small-scale, neighborhood-compatible commercial development along sections of Main Street in Grasonville. Nonresidential development in this district is intended to maintain the character and appearance of single-family residential development.
B.
Location. The GNC District is intended to have specific application to the Grasonville Growth Area. As such the GNC District may only be applied to lands in the Grasonville Growth Area.
C.
Uses.
(1)
Permitted uses. The following uses are permitted within the GNC District:[1]
(c)
Antique, craft and art studios and shops.
(d)
Bed-and-breakfast.
(e)
Commercial apartments.
(f)
Day care, family.
(g)
Home occupations.
(h)
Institutional, nonprofit.
(i)
Institutional, outdoor recreation.
(j)
Institutional, residential serving five or fewer residents.
(k)
Large-lot subdivision.
[Added 9-7-2004 by Ord. No. 04-13]
(l)
Minor multifamily development.
(m)
Minor single-family cluster subdivision.
(n)
Noncommercial forestry.
(o)
Nurseries.
(p)
Private stables.
(q)
Public service.
(r)
Single-family residential.
[1]
Editor’s Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
(2)
Conditional uses. The following uses are allowed as conditional uses.
(a)
All other office use.
(b)
Banks and other financial facilities.
(c)
Barbershops and hairdressers.
(d)
Business or professional offices.
(e)
Commercial forestry.
(f)
Commercial or trade schools.
(g)
Commercial stables.
(h)
Day care, group.
(i)
Funeral homes.
(j)
Garden centers, garden supplies and greenhouses.
(k)
Ice cream stores and stands.
(l)
Institutional, residential serving six or more residents.
(m)
Institutional, for-profit.
(n)
Light mechanical repair stores (watches, cameras, bikes, and electronics).
(o)
Major multifamily development.
(p)
Major single-family cluster subdivision.
(q)
Medical offices and clinics.
(r)
Photography.
(s)
Print/copy shop.
(t)
Public utilities.
(u)
Service businesses.
(v)
Tailoring.
(w)
Telecommunications facilities.
(x)
Travel agencies.
(y)
Upholstering and upholstery store.
(z)
Veterinary offices.
D.
Development standards.
(1)
In general.
(a)
Applications for development in the GNC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18 may conflict with standards contained in this section, only the standards in this section shall apply.
(b)
The Planning Commission may establish modified building restriction lines, parking, landscaping and buffer yard requirements for planned residential development on a case-by-case basis to ensure consistency with GNC District design guidelines.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for institutional and public uses.
(2)
(4)
GNC District design guidelines. The Planning Director and Planning Commission shall consider the following guidelines and the applicable design objectives of the Grasonville Community Plan when reviewing and approving development and redevelopment in the GNC District. The Planning Director and/or Planning Commission may not approve applications that have not made a practical and good faith effort to comply with the following design guidelines:
(a)
All new and nonresidential planned residential development and redevelopment in the GNC District is strongly encouraged to be designed to have the general appearance of a single-family detached home with customary residential accessory structures.
(b)
A nonresidential or planned residential use that is located adjacent to a single-family residential use shall provide adequate landscape buffer yards and/or screening to minimize impacts on the adjacent single-family residential uses.
§ 18:1-33 Grasonville Village Commercial (GVC) District.
[Amended 9-7-2004 by Ord. No. 04-12; 9-7-2004 by Ord. No. 04-13; 1-24-2012 by Ord. No 11-18]
A.
Purpose. This district is intended to foster development of a mixed-use village core along the Main Street corridor in Grasonville. Most types of residential development are allowed along with institutional uses and certain low- to medium-scale commercial uses. Development within the district should be pedestrian-oriented and should build upon the existing character of the community.
B.
Location. The GVC District is intended to have specific application to the Grasonville Planning Area. As such, the GVC District may only be applied to lands in the Grasonville Planning Area.
C.
Uses.
(1)
Permitted uses. The following uses are permitted within the GVC District:[1]
(b)
All other office uses.
(d)
Antique, craft and art studios and shops.
(e)
Banks and other financial facilities.
(f)
Barbershops and hairdressers.
(g)
Bed-and-breakfast.
(h)
Business or professional offices.
(i)
Commercial apartments.
(j)
Country inn.
(k)
Day-care, family.
(l)
Dry cleaners.
(m)
First-floor commercial apartments.
(n)
Funeral home.
(o)
Garden center, garden supplies and greenhouses.
(p)
General/convenience store, no gas sales.
(q)
Home occupations.
(r)
Hotel.
(s)
Ice cream stores and stands.
(t)
Institutional, residential serving five or fewer residents.
(u)
Institutional, nonprofit.
(v)
Institutional, outdoor recreation.
(w)
Large-lot subdivision.
(x)
Light mechanical repair store (watches, cameras, bikes, electronics).
(y)
Medical offices and clinics.
(z)
Minor multifamily development.
(aa)
Minor single-family cluster subdivision.
(bb)
Noncommercial forestry.
(cc)
Nurseries.
(dd)
Photography.
(ee)
Print/copy shop.
(ff)
Private stables.
(gg)
Public service.
(hh)
Restaurants, no drive-through.
(ii)
Retail sales or stores.
(jj)
Service businesses.
(kk)
Single-family residential.
(ll)
Tailoring.
(mm)
Travel agencies.
(nn)
Upholstering and upholstery store.
(oo)
Veterinary offices.
[1]
Editor's Note: As uses are added to or deleted from this subsection, subsequent uses are redesignated as appropriate.
(2)
Conditional uses. The following uses are allowed as conditional uses:
(b)
Auto accessory stores.
(c)
Auto repair with no exterior storage or repair areas.
(d)
Boat sales and repairs.
(e)
Commercial forestry.
(f)
Commercial or trade schools.
(g)
Commercial stables.
(h)
Day-care, group.
(i)
Fraternal organizations.
(j)
Furniture sales.
(k)
Grocery stores and supermarkets.
(l)
Institutional, residential serving six or more residents.
(m)
Institutional, for-profit.
(n)
Laundries.
(o)
Lawn mower and garden equipment sales.
(p)
Light industry.
(q)
Major multifamily development.
(r)
Major single-family cluster subdivision.
(s)
Package stores (sealed containers not for consumption on-premises).
(t)
Public utilities.
(u)
Taverns and bars.
(v)
Telecommunications facilities.
(w)
Theaters and auditoriums.
(x)
Warehouses with no exterior storage.
D.
Development standards.
(1)
In general.
(a)
Applications for development in the GVC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18:1 may conflict with standards contained in this section, only the standards in this section shall apply.
(b)
The Planning Commission may establish modified building restriction lines, parking, landscaping and buffer yard requirements on a case-by-case basis to ensure consistency with GVC District design guidelines.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
[1]
Banks and other financial facilities;
[2]
Commercial apartments;
[3]
Medical offices and clinics;
[4]
Hotel;
[5]
Institutional; nonprofit;
[6]
Offices: business or professional; medical offices and clinics; veterinary offices; and all other offices;
[7]
Public uses; and
[8]
Where approved by conditional use granted from the Board of Appeals:
[b]
Boat sales and repairs;
[c]
Commercial or trade schools;
[d]
Institutional, for-profit;
[e]
Light industry, where incidental retail stores do not exceed 25,000 square feet of gross floor area;
[f]
Major multifamily development;
[g]
Theaters and auditoriums; and
[h]
Warehouses with no exterior storage.
(2)
Residential development standards.
(a)
Density/intensity requirements.
[1]
Maximum residential density.
[a]
Single-family cluster: 3.2.
[b]
Multifamily: 10.
[c]
Large-lot subdivision: equal to total site area divided by minimum large-lot area.
[e]
The Planning Commission may allow apartment development at a density of 20 units per acre with the following conditions:
[Added 7-10-2012 by Ord. No. 12-02]
[i]
The site area does not exceed five acres for the apartment development.
[ii]
Architectural renderings are provided demonstrating that the apartment development is compliant with the district standards and represents design, bulk, height and building materials that are compatible with surrounding development in the area.
[iii]
The apartment development is providing workforce housing, age-restricted housing, or other moderately priced housing.
[iv]
Landscape screening is provided for the structure and parking areas for adjacent single-family residential uses.
[v]
The applicant conducts a public meeting in the community where the apartment development is proposed and provides notice of the meeting to property owners, adjacent to the proposed apartment development prior to submitting an application to the Department of Planning and Zoning to obtain citizen input.
(4)
GVC District design guidelines. All new development and redevelopment in the GVC District is strongly encouraged to incorporate the following design guidelines. The Planning Director and/or Planning Commission shall consider these guidelines and the applicable design objectives of the Grasonville Community Plan when reviewing and approving development and redevelopment within the GVC District. The Planning Director and/or Planning Commission may not approve applications that have not made a practical and good faith effort to comply with the following design guidelines:
(a)
Buildings and structures should be oriented towards Main Street as opposed to U.S. 50/301 whenever practical;
(b)
Front setbacks should be reduced to bring buildings and structures closer to the street and sidewalks in order to foster town-scale streetscape and encourage pedestrian activity;
(c)
Side setbacks and yards between buildings should be reduced to foster a village-scale streetscape and encourage pedestrian activities;
(d)
Roadside sidewalks should be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks should be provided wherever practical;
(e)
Parking should be to the side and rear of buildings with allowances for shared and off-site parking to the rear of buildings. Connecting rear parking lots should be encouraged to allow customers and residents to drive to shops within the corridor without entering public roads and interrupting traffic and pedestrian flows. Individual curb cuts should be reduced. To the extent possible, parking should be screened from public ways and should not be placed directly in front of the building facade containing the primary entrance to the structure;
(f)
Newly installed utility and service connections should be placed underground wherever possible;
(g)
An attractive landscape transition to adjoining properties should be provided, and existing mature landscaping/trees on sites should be preserved. Landscape and screening treatments between potentially incompatible uses should be enhanced when necessary to lessen any negative impacts;
(h)
Parking areas and sidewalk areas should be enhanced with landscaping;
(i)
Exterior lighting should be of a design and size compatible with the building and adjacent areas. Lighting should be restrained in design, and excessive brightness or glare should be avoided. Lighting for pedestrian areas and walkways should be aesthetically pleasing and adequate for public safety;
(j)
Buildings should be in good scale and harmonious conformance with neighboring development;
(k)
Mechanical equipment or other utility hardware on roof, ground or buildings should be screened from public view with materials harmonious with the building, or they should be located so as not to be visible from public ways. Outside storage areas and service equipment should also be screened from public view with materials harmonious to the building;
(l)
Hedges, decorative fences and other forms of landscaping should be used to close gaps between buildings and define the streetscape;
(m)
Street trees should be planted to help enclose and shade the street and pedestrianways;
(n)
Flat roofs and false mansard roofs should be discouraged and gabled roofs should be encouraged;
(o)
Pedestrian-oriented open spaces should be created by groupings of small-scale buildings in clusters and utilizing spaces between the buildings;
(p)
Multiple-story buildings with commercial uses on the ground floor and mixed office or residential uses on upper floors should be encouraged;
(q)
Full facade treatment, foundation landscaping and lighting should be required on all building elevations that are visible from the public way; and
(r)
New construction should be designed and built to blend with historical Eastern Shore architectural forms (interpretations of colonial and Victorian) in terms of formal characteristics, such as shape, height, massing, roof shapes and door and window proportions.
(5)
Development phasing.
(b)
Development review process.
[1]
General procedures. In reviewing development proposals in the GVC District the procedures prescribed in Chapter 18:1, Part 7, of this Chapter 18:1 shall apply, except as modified by Subsection D(5)(b)[2] below.
§ 18:1-34 Airport Protection and Kent Island Gateway (APKIG) District.
[Amended 8-24-2010 by Ord. No. 10-10; 12-12-2017 by Ord. No. 17-07; 9-12-2023 by Ord. No. 23-05; 11-12-2024 by Ord. No. 24-13; 6-24-2025 by Ord. No. 25-04]
A.
Purpose.
(1)
The Airport Protection and Kent Island Gateway District is intended to prevent the creation or establishment of airport hazards.
(2)
This district will also create a sense of entry to Kent Island and Queen Anne's County while providing for business, commercial and certain mixed-use opportunities in the airport environs that will not be detrimental to the efficiency and safety of the airport. Structure designs in this district should reflect traditional Eastern Shore character.
B.
Permitted uses.
Use | Permitted Use (P)/ Conditional Use (C) | |
|---|---|---|
1. | Airport/airport-related uses | P |
2. | Banquet facility | P |
3. | Boat building | P |
4. | Boat sales and repair | P |
5. | Bowling alley | P |
6. | Commercial apartments finally approved by July 1, 2023 | P |
7. | Conference center | P |
8. | Day-care center | P |
9. | Duplex with accessory slip | P |
10. | Marina | P |
11. | Maritime convenience store | P |
12. | Offices | P |
13. | Outdoor recreation | P |
14. | Passive recreation | P |
15. | Residential accessory structures | P |
16. | Retail sales/service establishment | P |
17. | Shooting range, indoor; shall be located a minimum of 100 feet from any residential use | P |
C.
Use restrictions.
(1)
No use within the Airport Protection and Kent Island Gateway District shall:
(a)
Create electrical interference with radio communications between the airport and aircraft, navigation systems and automatic weather observing systems. The prohibited uses shall include, but not be limited to, non-airport related radio and television transmitting towers or studios, wireless telecommunication towers and antennas and large radiation or X-ray equipment.
(b)
Store non-airport-related petroleum or any other explosive material above ground.
(c)
Emit smoke or otherwise impair the visibility in the vicinity of the airport.
(d)
Contain lights or signals which may be confused with airport navigational lights.
(e)
Result in glare to pilots approaching, leaving or circling the airport.
(f)
Create bird-strike hazards; or
(g)
Otherwise endanger the landing, taking off or maneuvering of aircraft.
E.
F.
Off-site directional signs.
(1)
Notwithstanding the provisions of § 18:1-82D(2) of this Chapter 18:1, a permanent off-site directional sign stating the name of a business or business area in the Airport Protection and Kent Island Gateway District may be located on an arterial roadway with Planning Commission approval.
G.
Design standards. Development in the Airport Protection and Kent Island Gateway District shall conform to the design standards adopted by resolution of the County Commissioners No. 08-05, Town Center (TC) District and Urban Commercial (UC) District Design Standards: Commercial and Mixed-Use Development Standards, as amended, unless otherwise noted and the following design guidelines:
(2)
Unless otherwise recommended by the Airport Manager, development with structures adjacent to the airport in this district shall provide fencing, berming or a landscaping buffer to minimize impacts of noise and glare from the airport to the proposed development and from the proposed development to the airport; and
(3)
Potential safety conflicts between the airport and off-site development shall be minimized. Building, structure, and equipment (permanent or temporary) height and location shall consider the impacts to the existing airport.
(a)
An airspace determination must be received from the Maryland Department of Transportation Maryland Aviation Administration and the Federal Aviation Administration for compliance with Code of Maryland Regulations 11.03.05 and Title 14 of the Code of Federal Regulations (14 CFR) Part 77, respectively, through completion of Federal Aviation Administration Form 7460-1 with copy sent to Maryland Department of Transportation Maryland Aviation Administration.
(b)
All development shall minimize or eliminate any man-made effects that would impact the existing automatic weather observing systems or affect the siting criteria for automatic weather observing systems established in Federal Aviation Administration Order JO6560.20, current edition.
(c)
Prior to approval, the developer must obtain written confirmation from the Airport Manager documenting that all required state and federal standards have been addressed.
(d)
Landscaping and stormwater management facilities shall comply with Federal Aviation Administration Advisory Circular 150/5200-33, current edition.
(4)
Development in this district should be sensitive and create a sense of entry to Kent Island and Queen Anne's County while reflecting traditional Eastern Shore vernacular by using architectural elements which are indigenous to the region.
(5)
A portion of the district should be dedicated to public uses that promote visitation by both Queen Anne's County residents as well as other visitors. Such uses may include things such as but not limited to a park, information center, cultural heritage or Eastern Shore discovery center, museum, garden and/or facilities to support special events.
(6)
Except for the requirements for residential use, the Planning Commission shall have the flexibility to alter the requirements of this district. In determining any alterations, the Planning Commission shall consider such factors as the proposed intensity of the development, the layout of buildings, roads, and walkways, environmental protection considerations, the architectural and landscaping features incorporated into the development and compatibility with the existing or anticipated development on surrounding lands.
§ 18:1-35 Suburban Industrial Business Employment (SIBE) District.
[Amended 4-11-2017 by Ord. No. 17-06; 3-12-2024 by Ord. No. 24-04; 11-12-2024 by Ord. No. 24-13; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. The Suburban Industrial Business/Employment (SIBE) District is to provide for the development of moderate-intensity office, regional commercial, warehouse, and light industrial uses to generate employment and business opportunities creating a major employment center in the County. New development within the SIBE District should provide for quality design and architecture.
B.
Permitted uses.
(1)
Business and professional office complexes.
(2)
Group day-care center.
(3)
Light industry uses including:
(a)
Blacksmith shops;
(b)
Boat building;
(c)
Bulk materials or machinery storage (fully enclosed);
(d)
Business cluster facilities (an incubator facility offering space and support services for early stage companies engaged in the development of products or services with commercial potential);
(e)
Cannabis licensed processor.
(f)
Contractors' offices and equipment storage yards;
(g)
Dry-cleaning and laundry plants serving more than one outlet;
(h)
Food processing and packing plants;
(i)
Fuel oil (storage and sales);
(j)
Furniture refinishing shops;
(k)
Incidental retail stores, not to exceed 25,000 square feet of gross floor area, associated with building and plumbing supply distribution operations;
(l)
Manufacturing/warehousing (including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products) in plants with fewer than 500 employees on a single shift;
(m)
Materials sales;
(n)
Ornamental iron workshops;
(o)
Printing plants;
(p)
Scientific (e.g., research, testing or experimental) laboratories;
(q)
Showrooms;
(r)
Trade shops (including cabinet, carpentry, planing, plumbing, refinishing and paneling);
(s)
Truck terminals; and
(t)
Wholesale business and storage.
(4)
Limited low commercial uses and service with the primary purpose of supporting the existing business/employees in the SIBE District. The proposed uses are to be of a size and scale to not draw people into the park but support existing businesses including:
(a)
Banks;
(b)
Barbershop/hair dresser;
(c)
Coffee shop;
(d)
Dry cleaner (outlet);
(e)
Fitness center;
(f)
Medical office;
(g)
Non-fast-food restaurants such as cafeterias or deli;
(h)
Retail sales that do not exceed 25,000 square feet of gross floor area;
(i)
Nonprofit and for-profit institutional;
(j)
Public service uses;
(k)
Satellite parking; and
(l)
Trade schools with only indoor activities.
(5)
Shooting range, indoor; shall be located a minimum of 100 feet from any residential use.
D.
Density/intensity requirements.
§ 18:1-35.1 Grasonville Gateway and Medical Center (GGMC) District.
[Added 1-24-2012 by Ord. No. 11-17; amended 4-11-2017 by Ord. No. 17-06; 3-12-2024 by Ord. No. 24-04; 6-10-2025 by Ord. No. 25-01]
A.
Purpose. This district will create a sense of place as the entry in the community of Grasonville and provide for the development of mixed uses including medical-related uses, retail and limited residential and to supply health-care-related services, employment and business opportunities in the County. New development within the Grasonville Gateway and Medical Center District should provide for quality design and architecture consistent with the existing buildings in the zoning district dedicated to medical services.
B.
Permitted uses.
(1)
Assisted living facilities.
(2)
Banks and other financial institutions.
(3)
Barbershop/hair dresser.
(4)
Business and professional offices.
(5)
Cannabis licensed dispensary.
(6)
Carry-out food service.
(7)
Coffee shop.
(8)
Commercial apartments.
(9)
Diagnostic centers.
(10)
Domiciliary care facilities.
(11)
Dry cleaner.
(12)
Emergency center.
(13)
Fitness center.
(14)
Funeral home.
(15)
Group day-care center.
(16)
Hospital.
(17)
Hotels.
(18)
Institutional, residential serving five or fewer residents.
(19)
Institutional, nonprofit.
(20)
Institutional, for-profit.
(21)
Medical offices and clinics.
(22)
Medical training facilities.
(23)
Medical specialties and medical support services.
(24)
Minor multifamily development.
(25)
Non-fast-food restaurants.
(26)
Nursing homes.
(27)
Professional offices.
(28)
Pharmacy or formulary associated with medical offices.
(29)
Public service uses.
(30)
Rehabilitation centers.
(31)
Retail pharmacy.
(32)
Scientific (e.g., medical, research, testing or experimental) laboratories.
(33)
Veterinary offices.
D.
Development standards.
(1)
In general. Applications for development in the GGMC District shall meet the following standards in addition to all other applicable requirements for this Chapter 18 that do not conflict with the standards contained in this section. In cases where other standards in this Chapter 18:1 may conflict with standards contained in this section, only the standards in this section shall apply.
(a)
The Planning Commission may establish modified building restriction lines, parking, landscaping and buffer yard requirements on a case-by-case basis to insure consistency with the Grasonville Community Plan.
(b)
Compatibility with surrounding development. New development, infill and redevelopment projects in this zone shall reflect the existing architecture represented in the emergency center and professional office building and shall be compatible with or complement the established proportions and building mass of these buildings. This includes building materials in the facade and roof, placement, type and size of window, roofs should be pitched or gabled, mechanical equipment hidden and utilities placed underground. The Planning Commission may require additional design criteria to insure the Grasonville Gateway is consistent with established buildings in the zone.
(c)
No individual use and/or tenant space in a structure shall occupy more than 65,000 square feet of gross floor area, except for the following uses:
§ 18:1-36 Planned residential development standards.
A.
In general. All residential lots in a single-family cluster subdivision, or a planned residential development shall comply with the following standards for each dwelling type.
[Amended 6-12-2007 by Ord. No. 07-09]
B.
Single-family cluster subdivision. The single-family cluster subdivision consists of fully detached, single-family residences located on individual lots. Different lot standards apply depending upon the district where the cluster lot is located. All single-family cluster subdivisions must contain open space. The following table specifies the minimum standards for lots created within a single-family cluster subdivision.
[Amended 6-12-2007 by Ord. No. 07-09]
Zoning District | Lot Area1 (square feet) | Front (feet)2 | Side (feet) | Rear (feet) | Width (feet) | Frontage (feet) | Off-Street Parking (number of spaces) | Building Height (feet) |
|---|---|---|---|---|---|---|---|---|
AG and CS | 20,000 | 40 | 20 | 50 | 130 | 35 | 2 | 40 |
E | 30,000 | 40 | 15/35 | 50 | 120 | 35 | 2 | 35 |
SE | 15,000 | 30 | 10/25 | 30 | 90 | 35 | 2 | 35 |
SR | 10,000 | 30 | 10/22 | 30 | 80 | 35 | 2 | 35 |
UR | 8,000 | 30 | 10/22 | 30 | 70 | 35 | 2 | 40 |
VC | 8,000 | 25 | 5/10 | 25 | 50 | 35 | 2 | 40 |
NC-5 | 2 acres | 40 | 20 | 50 | 150 | 35 | 2 | 40 |
NC-2 | 1 acre | 40 | 20 | 50 | 130 | 35 | 2 | 40 |
NC-1 | 20,000 | 40 | 20 | 50 | 120 | 353 | 2 | 40 |
NC-20 | 10,000 | 15 | 5 | 25 | 60 | 353 | 2 | 40 |
NC-15 | 7,500 | 15 | 5 | 25 | 60 | 353 | 2 | 40 |
NC-8 | 6,000 | 15 | 5 | 25 | 60 | 353 | 2 | 40 |
NOTES: 1Lot areas are per dwelling unit. 2See 18:1-7F. **Where an unusual lot configuration exists, and a shared entrance is proposed, lot frontage may be reduced to 20 feet for up to three lots. All said lots shall share a single point of ingress and egress and a joint use easement and maintenance agreement must be recorded in the Land Records. | ||||||||
C.
Duplex planned residential development. The duplex planned residential development technique proposes semidetached dwellings for single-family residential use. It has only one dwelling unit from ground to roof and only one wall in common with another dwelling unit. The following table specifies the minimum standards for a duplex planned residential development.
[Amended 6-12-2007 by Ord. No. 07-10]
D.
Townhouse planned residential development. The townhouse planned residential development technique proposes a single-family attached unit, with a single unit going from ground to roof, and with individual outside access. Rows of attached townhouses shall average no more than 10 dwelling units. The following table specifies the minimum standards for a townhouse planned residential development.
Standards | Fee Simple Lots | Full |
|---|---|---|
Minimum lot area (square feet) | 2,400 | N/A |
Minimum lot width (feet) | 15 | 15 |
Minimum front yard (feet) | 15 | 15 |
Minimum rear yard (feet) | 15 | N/A |
Maximum building height (feet) | 28 | |
Off-street parking (spaces) | 2 | |
Minimum LSA required/unit (square feet) | N/A | 450 |
E.
Apartment planned residential development. The apartment planned residential development technique proposes multidwelling-unit buildings that share common access to units and yards. Apartments shall contain three or more units in a building. The following table specifies the minimum standards for apartment buildings.
[Amended 9-7-2004 by Ord. No. 04-20]
(1)
Minimum landscape surface area/dwelling unit: 1,800 square feet.
(2)
Minimum front yard: 25 feet.
(3)
Minimum side yard: 25 feet.
(4)
Minimum rear yard: 15 feet.
(5)
Minimum spacing between buildings: 30 feet.
(6)
Off-street parking spaces: 1.5 spaces for one-bedroom unit.
(7)
Off-street parking spaces: two spaces for two-or-more-bedroom units.
(8)
Maximum building height: 45 feet.
F.
Manufactured home community planned residential development. The manufactured home community planned residential development technique proposes manufactured homes within a subdivision or as a rental community. The following table specifies the minimum standards for a manufactured home community.
Standards | Fee Simple Lots | Rental Community | |
|---|---|---|---|
Minimum lot area (square feet) | 4,000 | 3,000 | |
Minimum yards/building spacing: | |||
Front (feet) | 20 | 20 | |
Side/building spacing (feet) | 5 | 10 | |
Rear/building spacing (feet) | 20 | 40 | |
Off-street parking spaces (per unit) | 2 | 2 | |
Minimum lot width (feet) | 40 feet. | N/A | |
G.
Multiplex planned residential development. The multiplex planned residential development technique proposes multiple-family units in a condominium regime. Each unit may take direct access to a private yard or access point, or units may share yards and access. The units may be arranged in a variety of configurations, including back-to-back, side-to-side, or vertically; however, no more than eight units shall be attached in any single building. The following table specifies the minimum standards for a multiplex planned residential development.
[Amended 9-7-2004 by Ord. No. 04-20]
(1)
Minimum landscape area per building: 1,800 square feet.
(2)
Minimum front yard: 25 feet.
(3)
Minimum side yard: 25 feet.
(4)
Minimum rear yard: 15 feet.
(5)
Maximum building height: 45 feet.
(6)
Off-street parking spaces: 1.5 spaces for one-bedroom unit.
(7)
Off-street parking spaces: two spaces for two-or-more-bedroom units.
(8)
Minimum spacing between buildings: 30 feet.
H.
Cottage home planned residential development. The cottage home planned residential development technique proposes fully detached single-family dwellings in a condominium regime for residential use. The following table specifies the minimum standards for a cottage home planned residential development.
[Added 2-9-2021 by Ord. No. 20-13]
(1)
Minimum landscape surface area per cottage unit: 450 square feet.
(6)
(7)
Maximum building height: 28 feet.
§ 18:1-37 Design guidelines for the LIHS, VC, and SC Districts.
[Amended 8-19-2008 by Ord. No. 08-11[1]]
All new development and redevelopment in the UC, LIHS, VC and SC Districts is strongly encouraged to incorporate the following design guidelines, which are intended to protect property values of adjacent properties and to promote new development that harmonizes with existing land use patterns in the County. The Planning Director and/or Planning Commission shall consider these guidelines in their review of all new development and redevelopment within the LIHS, VC and SC Districts. The Planning Director and/or Planning Commission may not approve development applications that have not made a practical and good faith effort to comply with the following design guidelines.
A.
The following guidelines apply to development in the LIHS District.
(1)
The appearance of typical, monolithic strip commercial and big-box retail centers should be strongly discouraged. Instead, more modestly scaled commercial structures grouped in clustered settings with pedestrian-oriented open spaces and plazas should be encouraged. Where the physical separation of structures is not practical or is cost prohibitive, variable facades and storefront setbacks can achieve a similar appearance.
(2)
Pitched roofs and gables are encouraged. Where pitched roofs are not practical from an engineering basis or are not cost effective, false gables and mansards can achieve a similar appearance. Flat roofs with exposed mechanical fixtures should be avoided. For larger structures, variations in rooflines should be required to reduce scale and add visual interest. Roofs for larger structures should have at least two of the following features: overhanging eaves, sloped roofs and three or more roof planes.
(3)
Structures should have finished architectural facade treatment and detail on all elevations that are visible from public ways or adjoining properties. Facades greater than 100 feet in length should incorporate recesses and projections along at least 20% of the length of the facade. For larger buildings, windows, awnings and arcades should total at least 60% of the facade length visible from a public street. Greater architectural interest should be encouraged for larger structures by directing the use of a repeating pattern of change in color, texture and material modules at intervals of no more than 30 feet.
(4)
Developments should have primary access to major roadways or service roads and streets with immediate access to major roadways. Wherever practical, businesses should have customer entrances facing local streets and service roads rather than U.S. 50/301. Where commercial development may be patronized by community residents, secondary traffic access and pedestrian connections to a local street, may be desirable. Structures should have clearly defined and highly visible customer entrances with features such as canopies, porticos, arcades, arches, wingwalls and architecturally integrated planters.
(5)
Parking areas should be located to the rear and sides of structures and should contain perimeter landscaping and landscape islands.
(6)
Foundation landscaping and shade trees shall be used to soften the appearance of buildings and add visual appeal to pedestrian plazas and sidewalks.
(7)
Stormwater management areas should be incorporated into the landscaping of the site and should have the appearance of a landscape amenity rather than a fenced utility area.
(8)
Adequate landscape buffering and screening along site perimeters shall be used to protect adjacent residential neighborhoods and residential and mixed-use zoned properties. Landscape buffers between incompatible uses should be wide and dense enough to completely screen proposed development from adjoining properties. Landscape buffers should also be planted along the frontage of the U.S. 50/301 corridor.
(9)
Exterior lighting shall be restrained in design in order to avoid excessive brightness and glare onto adjacent properties.
(10)
Commercial signage shall comply with current County regulations. Specifically, any existing billboards shall be removed as a condition of development approval, and all freestanding signs shall have an architectural and/or landscaped base.
(11)
Exterior mechanical, storage or service areas shall be completely screened from view of any public way or adjoining property.
(12)
Predominant exterior building materials should be of high quality. These include brick, wood or vinyl siding, stone and tinted/textured concrete masonry units. Smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels may not exceed 50% of the entire structure.
(13)
Facade colors should be of low reflectance, subtle or neutral earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors should be prohibited. Building trim may feature brighter colors, but neon tubing should not be permitted.
(14)
Roadside sidewalks should be provided when sites are developed or redeveloped. Sidewalks linking structures to roadside sidewalks should be provided wherever practical.
B.
The following guidelines apply to development in the SC and VC Districts.
(1)
Pitched roofs and gables are encouraged. Where pitched roofs are not practical from an engineering basis or are not cost effective, false gables and mansards can achieve a similar appearance. Flat roofs with exposed mechanical fixtures should be avoided. For larger structures, variations in rooflines should be required to reduce scale and add visual interest. Roofs for larger structures should have at least two of the following features: overhanging eaves, sloped roofs and three or more roof planes.
(2)
Structures should have finished architectural facade treatment and detail on all elevations that are visible from public ways or adjoining properties. Facades greater than 100 feet in length should incorporate recesses and projections along at least 20% of the length of the facade. For larger buildings, windows, awnings and arcades should total at least 60% of the facade length visible from a public street. Greater architectural interest should be encouraged for larger structures by directing the use of a repeating pattern of change in color, texture and material modules at intervals of no more than 30 feet.
(3)
Foundation landscaping and shade trees should be used to soften the appearance of buildings and add visual appeal to pedestrian plazas and sidewalks.
(4)
Adequate landscape buffering and screening along site perimeters should be used to protect adjacent residential neighborhoods and residential and mixed-use zoned properties. Landscape buffers between incompatible uses should be wide and dense enough to completely screen proposed development from adjoining properties. Landscape buffers should also be planted along the frontage of the U.S. 50/301 corridor.
(5)
Exterior lighting shall be restrained in design in order to avoid excessive brightness and glare onto adjacent properties.
(6)
Commercial signage shall comply with current County regulations. Specifically, any existing billboards shall be removed as a condition of development approval, and all freestanding signs should have an architectural and/or landscaped base.
(7)
Exterior mechanical, storage or service areas should be completely screened from view of any public way or adjoining property.
(8)
Predominant exterior building materials should be of high quality. These include brick, wood or vinyl siding, stone and tinted/textured concrete masonry units. Smooth faced concrete block, tilt-up concrete panels or prefabricated steel panels may not exceed 50% of the entire structure.
(9)
Facade colors should be of low reflectance, subtle or neutral earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors should be prohibited. Building trim may feature brighter colors, but neon tubing should not be permitted.
[1]
Editor’s Note: This ordinance also provided that it shall apply only to development applications filed on or after 7-10 2008.
§ 18:1-38 Development phasing for the CMPD, SMPD, GPRN, SHVC, GNC, GVC,, and VC Districts.
All development in residential zoning districts for the CMPD, SMPD, GPRN, SHVC, VC, GNC, and GVC Districts 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 must be approved by the Planning Commission as a component of initial sketch and/or concept plan approval. All development infrastructure and amenities must be phased and constructed at a rate commensurate with housing unit or floor area construction unless otherwise specified in this Chapter 18:1.
§ 18:1-38.1 (Reserved) [1]
§ 18:1-39 Scope of article.
The provisions of this article further define and regulate certain accessory uses and accessory structures. Nothing in this article shall be construed to authorize any use or structure that is not an accessory use or an accessory structure as defined elsewhere in this article.
§ 18:1-40 Exempt accessory structures and architectural features.
[Amended 8-2-2005 by Ord. No. 05-14]
A.
In general. This section is intended to authorize the location of certain incidental accessory structures and architectural features without formal zoning approval.
B.
Exceptions to minimum setbacks. The following incidental residential architectural features shall be allowed to project into and/or overhang into any required minimum setback or building restriction line (BRL), provided that the projection into a setback does not exceed four feet and is not supported by a foundation:
C.
Structures generally exempt. The following incidental accessory structures may be located at any place on any lot and do not require a zoning approval under Part 7 of this Chapter 18:1:
D.
Structures exempt on residential lots. The following incidental accessory structures may be located at any place on a residential lot and do not require a zoning approval under Part 7 of this Chapter 18:1:
(1)
A single flagpole;
(2)
A birdhouse, bird feeder, bird bath, or combination of them that does not dominate any yard;
(3)
A single clothesline or other device for the drying of laundry;
(4)
A single shelter for one domestic dog or cat, that is of a type normally found on residential properties and does not exceed 3 1/2 feet in height and is at least three feet from any lot line;
(5)
Recreational equipment, including:
(a)
Swings, hammocks, horseshoe pitches, basketball backboards and hoops, and tennis or badminton nets and poles; and
(6)
(7)
Driveways and their curbs; and
E.
Determination of an accessory structure. The owner of a lot is solely responsible for the initial determination of whether the erection or maintenance of any structure on that lot is an incidental accessory structure authorized by this section. However, nothing in this article shall be construed to prohibit any agency or individual concerned with the enforcement of this article, or any other aggrieved person, from challenging the owner's determination at any time. If a structure is determined not to be an incidental accessory structure authorized by this section, it shall be removed from the lot at the sole cost and expense of the owner of that lot.
§ 18:1-41 Piers.
[Amended 3-26-2024 by Ord. No. 24-03[1]
A pier may not extend into any body of water a distance greater than 150 feet, as measured from the mean high water line, unless the Board of Appeals approves an application for a variance seeking a greater length. In no case may the length of a pier exceed 1/2 of the distance from the mean high water line to the center line of the body of water. The distance is hereby established as the tributary harbor line. All proposed piers must obtain the approval of the U.S. Army Corps of Engineers and the State of Maryland as necessary.
[1]
Editor's Note: This ordinance also stated that its provisions shall not apply to any applications pending at the time of adoption and that any such applications shall be processed as a conditional use.
§ 18:1-42 Private piers on residential lots.
B.
When permitted. One pier is permitted as an accessory use or structure on a residential lot that:
(1)
Has a minimum of 150 feet of water frontage; or
(2)
Is within a subdivision in a NC District that:
(a)
Does not have a community pier or dock facility.
(b)
Has a community pier or dock facility with fewer slips than lots, and the property owner provides satisfactory proof that the property owner, or the property owner's successors and assigns, do not have and will not have a right or ability to acquire a leased or fee simple interest in a slip in the community pier or dock.
(3)
Is within a subdivision that was validly approved prior to April 9, 1987, and:
(a)
Does not have a community pier or dock facility; or
(b)
Has a community pier or dock facility with fewer slips than lots, and the property owner provides satisfactory proof that the property owner, or the property owner's successors and assigns, do not have and will not have a right or ability to acquire a leased or fee simple interest in a slip in the community pier or dock.
(4)
On April 9, 1987, was part of another lot that has since been subdivided into five or fewer lots under the provisions of this Chapter 18:1; or
(5)
Existed as a legal lot of record prior to April 9, 1987.
C.
Pier building restriction line. A private pier may not be constructed within six feet of any side or front lot lines.
D.
Shared piers. A shared pier may be located at or near a common property line without regard to the building restriction line otherwise applicable to private piers, provided:
(1)
The shared pier serves no more than two adjacent lots;
(2)
The two adjacent lots to be served by the shared pier have a combined shoreline frontage of at least 150 feet;
(3)
The owners of the lots to be served by the shared pier execute an instrument, in recordable form, that runs with and binds the lots to be so served, that addresses the common use of, access to and maintenance of the shared pier that is in a form acceptable to the Zoning Administrator; and
(4)
The shared pier, or any part thereof, may not be leased to any person who is not either a record owner of one of the lots to be served by the shared pier or a bona fide resident, occupant or lessee of a dwelling located on one of the two lots served by the shared pier.
§ 18:1-43 Community piers.
Community piers are permitted as accessory uses to residential developments, provided that:
A.
The community pier facility is located within the residential development on which it is to serve;
B.
The number of slips is equal to or less than the number of lots in the development but, in any event, not in excess of the number of slips permitted under § 14:1-43 of this Code;
C.
Overnight occupancy is not allowed on any boat docked at the community pier; and
§ 18:1-44 Accessory dock facilities.
§ 18:1-45 Residential accessory structures.
A.
In general. A residential accessory structure may be erected or maintained in accordance with the provisions of this section. However, nothing in this section shall be construed to authorize the use of any lot or structure for any purpose that is not authorized by other provisions of this Chapter 18:1.
B.
Location restrictions.
(1)
A residential accessory structure:
(a)
May not be attached or connected in any manner to any other structure; and
(2)
Pools may be exempt from the setback from principal structure requirement under Subsection B(1)(b)[2] of this section, provided that the pool has a perimeter walkway of at least four feet.
(3)
When the rear lot line abuts tidal wetlands, a residential accessory structure may be located in that portion of a front yard that is not within the front setback required by this article.
(4)
When a property abuts two streets a residential accessory structure may be located in that portion of the side yard that is not within the front yard setback required by this article.
[Amended 9-14-2021 by Ord. No. 21-06]
C.
Area restrictions.
[Amended 10-19-2004 by Ord. No. 04-21; 11-9-2004 by Ord. No. 04-43]
(1)
Except in the AG, CS and APKIG Districts, all buildings on a residential lot of between two and five acres, other than the principal building, may not cover an area of the lot greater than 80% of the area covered by the existing principal building.
[Amended 12-12-2017 by Ord. No. 17-07]
(2)
In all districts, all buildings on a residential lot of less than two acres, other than the principal building, may not cover an area of the lot greater than 60% of the area covered by the existing principal building.
(3)
In the AG, CS and APKIG Zoning Districts on lots between two and five acres, all buildings on the lot, other than the principal building may not cover an area of the lot greater than 200% of the area covered by the principal building; and the total square footage of all accessory structures shall not exceed 5,000 square feet.
[Amended 12-12-2017 by Ord. No. 17-07]
D.
Height restrictions.
[Amended 10-19-2004 by Ord. No. 04-21; 11-9-2004 by Ord. No. 04-43]
E.
Accessory structures on CS District large lots. Accessory structures, such as barns, stables and sheds, may be located on existing large lots in the CS District outside building pads, provided the accessory structures shall have a pitched roof and meet all requirements of this section.
§ 18:1-46 Accessory caretaker dwellings.
One caretaker dwelling unit may be provided as an accessory use or structure, provided that:
§ 18:1-47 Institutional uses and structures; sale of goods.
A.
In general. In a district in which institutional uses are permitted, the sale of goods and services at retail shall be permitted as an accessory use, provided that:
(1)
The goods and services are directly related to a principal institutional use conducted on the same lot;
(3)
Except when the sales are conducted in a principal building primarily used for an institutional use, any structure involved in the sales meets all requirements of this Chapter 18:1 for an accessory building or structure; and
(4)
The sales are made only to persons who are at the time of sale using the lot for the principal institutional use.
§ 18:1-48 Accessory apartments.
[Amended 9-7-2004 by Ord. No. 04-22]
One accessory guest residence/apartment is allowed as an accessory residential use per single-family lot, and shall not be included when calculating total allowable number of units, provided that:
A.
It is located within the principal dwelling structure or within an approved residential accessory structure;
B.
It does not exceed 1,500 square feet in total floor area;
C.
Where not on public sewer, is approved by the Queen Anne's County Health Department; and
D.
The owner of the principal dwelling unit must reside on the property.
§ 18:1-49 Outside storage and display.
B.
All vehicle or boat repair, painting, or body work activities shall take place within a building or in an area not visible from an adjacent property or public way; except that boats in marinas are exempt from the provisions of this section.
C.
Outside storage of material necessary for a permitted home occupation use must be completely screened from the view of adjacent streets and properties.
§ 18:1-49.1 Small-scale solar arrays.
[Added 1-23-2018 by Ord. No. 17-17]
As an accessory use, small-scale solar arrays will be designed and intended to offset part or all of the beneficiary's requirements for energy consumption, provided that:
A.
Siting and location:
(1)
Is located on the beneficiary's premises or shared premises for the beneficiary's use.
(2)
Is secondary to the beneficiary's use of the premises.
(3)
When mounted on a roof:
(a)
Shall not extend beyond the surface of the roof by more than necessary for proper operation or a maximum of 10 feet above a roof.
(b)
The total height of the building or structure, including the solar panels or collection devices, shall comply with the height regulations established in this chapter.
(4)
When mounted on the ground:
(a)
Shall meet all accessory setbacks on residential properties.
(b)
When located on a residential property, shall be located only in side or rear yards.
(c)
If constructed as a roof above a parking area, shall be subject to applicable height limitations.
(d)
When located on a commercial or institutional property, shall meet all required setbacks.
B.
Installation:
(1)
Certification of the structural safety of the system must be provided to ensure that the system does not cause a hazard to the health, safety, or welfare of adjacent properties.
(2)
All roof-mounted systems shall provide evidence of compliance with fire safety codes and be accessible in the event of emergency.
(3)
Residential applications shall have a safety mode system capable of shutdown via a clearly marked and readily accessible switch.
C.
Performance standards:
(1)
Submittal of a plan or survey with existing conditions and structures that shows where the solar array is to be located.
(2)
All setbacks will be shown with distances indicated from property lines.
(3)
The plan shall show that any glare, glint, or reflection from the solar array is oriented away from adjacent residences or buildings.
(4)
The solar panels or devices proposed will be identified on the plan and show that they are designed with antireflective coating.
(6)
Shall comply with stormwater management regulations.
(7)
When located on a commercial property shall not exceed the permitted impervious surface limitation.
(8)
If located in the Critical Area, shall comply with lot coverage limitations.
(9)
Environment.
(a)
Landscaping and screening.
[1]
Shall be screened from public view to the maximum extent practicable.
[2]
Natural features and existing vegetation may be used to screen a solar array from adjacent residences and properties
[3]
Screening shall be designed on a landscape plan and may consist of fences, berms, or vegetation that sufficiently screen the solar arrays at the time of installation.
[4]
All vegetation planted for screening shall be maintained for the duration of the solar array's operation via a maintenance agreement.
[5]
A landscape surety shall be provided. The surety will be held by the County for up to three years and upon inspection, may release up to 50% and then held for three additional years to determine the plant material has been maintained in good health. The County reserves the right to inspect and require replacement of plant material.
(b)
Solar arrays shall not be located in special flood hazard areas within the jurisdiction of Queen Anne's County and identified in § 14:3-5 without the proper review and approval by the Floodplain Administrator.
(c)
No disturbance to wetlands is permitted.
§ 18:1-50 Supplemental use regulations, generally.
Part 3 of this Chapter 18:1 establishes zoning districts and delineates uses permitted in each district. However, certain uses require additional standards to address location, bulk, density, and design matters relating to that particular use. This article supplements Part 3 by establishing uniform criteria for particular uses.
§ 18:1-51 Public services.
A.
Because of their public necessity, if the Planning Director receives the written consent of the County Administrator after the Planning Director and the County Administrator and the Planning Commission Chairman or his designee have examined all reasonable alternatives and have made a written determination that no reasonable alternatives exist, public services uses may be permitted in all zoning districts and exempt from the requirements of Chapter 18 and of Chapter 14 with Critical Area Commission approval.
C.
The Planning Director may require fencing or screening with densely planted materials to a greater extent than the required buffer yard if the Planning Director determines that the use may cause:
§ 18:1-52 Commercial apartments.
A.
Commercial apartments are not required to be included in the floor area ratio calculations for a commercial building.
B.
Where the maximum building height is 30 feet, a ratio of 1:2 square feet of commercial floor area to apartment floor area is permitted.
C.
Where the maximum building height is 45 feet, a ratio of 1:3 square feet of commercial floor area to apartment floor area is permitted.
D.
Commercial apartments will not be allowed unless:
§ 18:1-53 Temporary uses.
D.
Specific temporary uses permitted. The following are temporary uses that are subject to the following specific regulations and standards, in addition to the other requirements specified in this Chapter 18:1.
(1)
Christmas tree sales are permitted in any district.
(a)
The maximum length of a permit for display and open-lot sales shall be 45 days.
(2)
A contractor's office, construction equipment sheds, and trailers are permitted in any district where the use is incidental to a construction project, provided that an office or shed may not contain sleeping or cooking accommodations.
(3)
Events of public interest are permitted in any district. Events of public interest include, but are not limited to, outdoor concerts, auctions, and tractor pulls.
(4)
A real estate sales office is permitted in any district for any new development approved in accordance with this Chapter 18:1. A model home may be used as a temporary sales office.
(a)
The maximum length of a permit shall be one year.
(b)
The office shall be removed upon completion of the development of the subdivision.
(c)
Permits shall be renewable where the Planning Director determines that development is progressing in accordance with County permits and approvals and all such approvals remain in effect.
(5)
When a fire or natural disaster has rendered a single-family residence or nonresidential structure unfit for human habitation, the temporary use of a manufactured home or portable trailer on the lot during rehabilitation of the original structure or the construction of a new structure is permitted.
(a)
Water and sanitary facilities as required by the County Health Department shall be provided.
(b)
The maximum length of a permit shall be six months, but the Planning Director may extend the permit for a reasonable period of time. Application for the extension shall be made at least 15 days prior to expiration of the original permit. A temporary trailer permit associated with a nonresidential use shall only be extended if the Planning Director is satisfied that the applicant is actively pursuing all approvals associated with compliance of Part 3, Article VII, of this Chapter 18:1 for the rehabilitation of the damaged structure or the construction of a new structure, and the circumstances which have delayed construction are beyond the applicant's control.
(c)
The manufactured home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence. The applicant shall be required to provide express consent and authorization to the County to remove the shelter at the owner's expense upon termination of the permit.
(6)
A produce or farm stand is permitted in all districts.
(a)
A farm stand operating as a temporary use shall be open for no more than six months of a given year and shall have more than 50% of the products sold grown on site or within the County.
(b)
A temporary produce stand is allowed a maximum total sign area of 32 square feet. A maximum of eight square feet of sign area may be used as a temporary on-premise freestanding sign. Other temporary signs must be affixed to the stand. It may contain the name of the stand, but shall only contain advertising that pertains to the produce sold at the stand. A sign allowed under this subsection does not require the issuance of a sign permit.
(c)
The stand shall conform to the clear-view distance requirements set forth in Chapter 23 of the County Code.
(d)
All structures and signs shall be removed at the time the permit expires.
(7)
Retail kiosks are permitted in the WVC District as accessory uses where the use is incidental to tourism activities with the kiosk permitted to provide information, ticket sales for sightseeing or excursions, small-scale retail incidental to cultural, historic and tourism activities associated with the community and refreshments. Food services are excluded from uses permitted.
[Added 2-24-2009 by Ord. No. 08-19]
(a)
The maximum length of a permit shall be for no more than six months of a given year.
[Amended 4-12-2016 by Ord. No. 16-01]
(b)
Retail kiosks shall be stored indoors when not in use
[Amended 4-12-2016 by Ord. No. 16-01]
(c)
Retail kiosks are permitted on private property, in public access easements and on boardwalks.
(d)
ADA compliance for safe and accessible pedestrian access must be maintained when considering placement of the kiosk.
(e)
Permits are renewable annually at the discretion of the Planning Director.
(8)
Recreational vehicle overnight parking is permitted in the WVC District as an accessory use to a bona fide fraternal organization in accordance with Part 3, Article V, of this Chapter 18:1.
[Added 9-27-2022 by Ord. No. 22-02]
(a)
The maximum length of a zoning certificate shall be one year.
(b)
A limit of one consecutive four-day overnight parking stay per occupant per any one week.
(c)
There must be a vacancy between the nights in which new recreational vehicle occupants may utilize the site. The method of tracking the dates of consecutive recreational vehicle overnight parking days must be captured in the zoning certificate application.
§ 18:1-54 Migrant labor camps.
A.
Total migrants at any state-licensed camp or collection of state-licensed camps located on the same property shall not exceed 100.
C.
Shall not be occupied for more than 270 days during any calendar year.
D.
Shall not be used as permanent residences.
E.
Shall provide for usable recreational areas on-site or within close proximity of the site.
F.
Site plan approval shall be required by the Planning Commission, and all camp structures shall be considered nonresidential for the purpose of determining nonresidential site capacity and other applicable performance standards.
G.
All camp structures shall be located at least 200 feet from all public road rights-of-way or property lines for an adjacent property that is not owned by the camp property owner.
H.
Occupants of migrant labor camps must receive their principal source of income from agricultural employment on the property containing the camp or on other properties within the County that are utilized for agricultural purposes by the camp owner.
I.
Landscaping and buffering shall be provided so as to adequately screen neighboring uses from the migrant labor camp.
J.
Minimum lot size for any parcel containing a migrant labor camp shall be 20 acres.
K.
A migrant labor camp shall not be located on deed restricted open space.
§ 18:1-55 Farm employee dwellings
A.
Character and location of farm employee dwelling.
(1)
In general. For purposes of this Chapter 18:1, a farm employee dwelling shall be considered as an agricultural accessory use and may not be considered as a dwelling unit for the purpose of any density calculation.
(2)
Setback. A farm employee dwelling may not be located less than 100 feet from any property line or any road or street.
B.
Number allowed.
(1)
In general. Two farm employee dwellings shall be permitted on a farm.
(2)
Additional units. Not more than three additional farm employee dwellings on a farm may be authorized by the Board of Appeals upon application for a conditional use.
(3)
Effect of approval. A farm employee dwelling allowed or authorized under this section shall be subject to all provisions of this article.
(4)
Termination of use as farm employee dwelling.
(a)
Effect. Upon termination of use of a building as a dwelling for farm employees, it shall cease to be a farm employee dwelling under this article.
(b)
Other uses. Subject to the provisions of Subsection B(4)(c) below of, this section, a building that ceases to be a farm employee dwelling may be used for any use recognized as an agricultural accessory use by other provisions of this Chapter 18:1, in which case setback requirements and all other requirements of this Chapter 18:1 relating to the accessory use shall apply.
(c)
Manufactured homes. If a farm employee dwelling is a manufactured home, it shall be removed from the farm within one year after the time when it is no longer used as a dwelling for farm employees.
§ 18:1-56 Home occupations.
A.
Purpose. The purpose of the home occupation regulations and performance standards are:
(1)
To establish criteria for operation of home occupations in dwelling units within residential districts;
(2)
To encourage business formation within the County;
(3)
To encourage home-based businesses that are compatible with residential and mixed-use areas in support of the County's economic development efforts;
(4)
To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses;
(5)
To allow residents of the County to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions and criteria;
(6)
To enable the fair and consistent enforcement of these home occupation regulations;
(7)
To promote and protect the health, safety, morals, and general welfare of the community; and
(8)
To establish regulations and performance standards with which all home occupations in the County must comply, except as otherwise provided herein.
B.
Home occupation permit. No home occupation shall be established unless and until a home occupation zoning certificate is issued pursuant to § 18:1-138. A zoning certificate issued pursuant to this section shall lapse automatically if the property is used for nonresidential purposes, if the dwelling is sold or rented, if the home occupation operator dies, if the certificate lapses or is not renewed, or if the home occupation is discontinued for a period of 180 days or more and is not renewed within 30 days of written notice from the Planning Director.
C.
Use and development standards. In accordance with the following use and development standards, home occupations must:
(1)
Comply with applicable state and local laws;
(2)
Operate under a valid home occupation zoning certificate prior to operation;
(3)
Have a full-time resident operator;
(4)
Have no more than two employees whose employment requires them to be in the home;
(5)
Not involve the alteration of a structure in a manner that changes the essential residential character of the property or district;
(6)
Not include storage or use of flammable, combustible, or explosive materials;
(7)
Limit outside storage of equipment and materials to those that can be screened from view from adjacent streets and properties;
(8)
Limit parking of vehicles associated with the home occupation to existing residential driveways and shall not create hazards or street congestion;
(9)
Not include the parking of any vehicle with a payload rating of more than 1.5 tons;
(10)
Not involve the use of mechanized equipment outside of an enclosed building;
(11)
Not generate dust, odor, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line;
(12)
Limit signage to one nonilluminated nameplate, not exceeding two square feet in area, provided that such nameplate is affixed against the exterior surface of the residence at a position not more than two feet from the main entrance to the residence; and
(13)
Limit deliveries and pickups to those normally associated with residential uses, and may only occur between 8:00 a.m. and 8:00 p.m.
§ 18:1-57 Miniwarehouses.
A.
Purpose. This section sets standards for the establishment and maintenance of safe and attractive miniwarehouse developments that will remain a long-term asset to the community.
B.
Performance standards. In addition to other requirements imposed by this Chapter 18, miniwarehouse storage facilities shall be subject to the following standards, whether allowed as a permitted or conditional use:
(1)
All storage shall be within a completely enclosed building;
(2)
The outdoor storage of inventory, materials, vehicles, or merchandise is prohibited except as provided in § 18:1-49;
(3)
No storage unit shall exceed 500 square feet;
(4)
Loading docks shall not be permitted as part of any storage building;
(5)
The distance between miniwarehouse buildings shall be a minimum of 20 feet. Where vehicular circulation lanes and parking and loading spaces are to be provided between structures, the minimum separation distance shall be increased accordingly in order to ensure vehicular and pedestrian safety and adequate emergency access;
(6)
No activities, such as sales, repairs, or servicing of goods, vehicles, equipment, or materials, shall be conducted from miniwarehouse units. The operation of a miniwarehouse shall in no way be deemed to include a transfer and storage;
(7)
Storage of hazardous and flammable materials shall not be permitted;
(8)
The maximum length of any single storage building shall be 200 feet;
(9)
No tenant identification or advertising signs shall be permitted in association with an individual storage unit; and
§ 18:1-57.1 Cannabis licensed: grower, processor, and dispensary.
[Added 6-10-2025 by Ord. No. 25-01]
A.
Cannabis licensed grower.
(1)
Any signage on the property related to the use must comply with § 36-903 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.
(2)
A copy of the state issued cannabis license shall accompany any application made to the County.
(4)
A twenty-foot tree buffer consisting of two rows of evergreens four to six feet in height is required around the active portion of the property.
(5)
A setback of 300 feet for buildings associated with the operation.
(6)
As required by COMAR 15.01.16.03, cannabis can only be grown on land that is at least 1,000 feet from a school or public recreation area when grown in an outdoor field or an outdoor site.
(7)
The property must meet the definition of a farm.
(9)
Shall utilize industry best management practices and provide an operation and odor abatement plan to document how odor will be mitigated within a growing facility or outdoors. The plan must be completed by a professional mechanical engineer and certified industrial hygienist.
(10)
On an annual basis the cannabis licensed grower must provide documentation from a professional mechanical engineer and certified industrial hygienist that ensures compliance with the operation and odor abatement plan at their own expense.
B.
Cannabis licensed processor.
(1)
Subject to the following standards, whether allowed as a permitted or conditional use.
(2)
Any signage on the property related to use must comply with § 36-903 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.
(3)
A copy of the state issued cannabis license shall accompany any application made to the County.
(5)
Shall comply with all NFPA regulations.
(6)
If in the critical area must be in the IDA.
(7)
Shall utilize industry best management practices and provide an operation and odor abatement plan to document how odor from the processing facility will be mitigated. The plan must be completed by a professional mechanical engineer and certified industrial hygienist.
(8)
On an annual basis the cannabis licensed processor must provide documentation from a professional mechanical engineer and certified industsrial hygienist that ensures complaince with the operation and odor abatement plan at their own expense.
C.
Cannabis licensed dispensary.
(1)
Subject to the following standards, whether allowed as a permitted or conditional use.
(2)
Any signage on the property related to use must comply with § 36-903 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.
(3)
A copy of the state issued cannabis license shall accompany any application made to the County.
(5)
A Cannabis licensed dispensary shall not be located:
(a)
Within 100 feet of a property zoned for residential use.
(b)
Within 1/2 mile of a property containing another licensed cannabis dispensary.
(c)
Within 500 feet of a property containing a pre-existing primary or secondary school, or a licensed child care center or registered family child care home under Title 9.5 of the Education Article; or a pre-existing playground, recreation center, library, public park, or place of worship.
§ 18:1-57.2 Solar energy generating stations.
[Added 8-26-2025 by Ord. No. 25-10]
A.
Purpose.
(1)
Solar energy generating stations are permitted uses in the following zoning districts: Agricultural (AG), Countryside (CS), Suburban Industrial (SI), Suburban Industrial Business Employment (SIBE), and Light Industrial Highway Service (LIHS).
(2)
Front-of-the-meter energy storage devices are permitted uses in all zoning districts.
(3)
This section sets standards for the establishment of siting standards herein are applicable to:
(4)
The following standards are applicable to solar energy generating stations sited within the Priority Preservation Area:
(a)
The total combined number of solar energy generating stations that may be approved for construction in the Priority Preservation Area shall:
B.
Performance standards for solar energy generating stations. In addition to other requirements imposed by this Chapter 18 and by Chapter 14, solar energy generating stations shall be subject to the following siting standards as a permitted use:
(1)
Setbacks:
(a)
150 feet between the solar energy generating station and the nearest wall of a residential dwelling;
(b)
100 feet between the solar energy generating station and all property lines, not including property lines that bisect the interior of a project area;
(c)
Except for equipment required for interconnection with electric system infrastructure, may not locate any solar array, ancillary equipment, or accessory buildings or facilities within a public road right-of-way;
(d)
Shall be measured from the property boundary to the nearest solar array or accessory equipment, buildings, or facilities that generate, maintain, operate, manage, distribute, and transmit electricity; and
(e)
May not apply to any interconnection tie line or facility that connects a solar energy generating station to the electric system.
(2)
A proposed solar energy generating station and any accessory structures associated with the station shall be no more than 15 feet in height.
(3)
Fencing:
(a)
Nonbarbed wire fencing shall be provided, unless the fencing is sited around the substations or other critical infrastructure for protection of that infrastructure;
(b)
Shall be no more than 20 feet in height;
(c)
Shall not be less than 50 feet away from the edge of any public road right-of-way;
(d)
Shall be sited only on the interior of a landscape buffer or immediately adjacent to a solar energy generating station; and
(e)
Shall be only black or green vinyl wire mesh if the owner proposes to use chain link fencing.
(4)
Visual impacts:
(a)
Shall mitigate the visual impact of the solar energy generating station on a preservation area, Rural Legacy Area, Priority Preservation Area, public park, scenic river or byway, designated heritage area, or historic structure or site listed on or eligible for the National Register of Historic Places or relevant County register of historic places; and
(5)
Notice shall be provided of each proposed solar energy generating station to the County Department of Emergency Services, including a map of the proposed generating station and the proposed location of any solar collector or isolator switch.
(6)
Landscaping buffer or vegetative screening:
(a)
Shall be not more than 35 feet wide;
(b)
Shall not require the use of a berm;
(c)
Shall be provided along:
[1]
All property lines;
[2]
Locations of the exterior boundary for the solar energy generating station where existing wooded vegetation of 50 feet or more in width does not exist; or
[3]
An alternative location within the boundary for the solar energy generating station if the owner demonstrates that the alternative location would maximize the visual screening;
(d)
Shall provide for four-season visual screening of the solar energy generating station;
(e)
Shall be placed between any fencing and the public view;
(f)
Shall include multilayered, staggered rows of canopy and understory trees and shrubs that:
[1]
Are a mixture of evergreen and deciduous vegetation;
[2]
Are predominantly native species;
[3]
Are more than four feet in height at planting;
[4]
Are designed to provide screening or buffering within five years of planting;
[5]
May not be trimmed to stunt upward or outward growth or to otherwise limit the effectiveness of the visual screening;
[6]
Conform to the plant size specifications established by the American Standard for Nursery Stock (ANSI Z60.1); and
[7]
Are specified in a landscaping plan prepared by a qualified professional landscape architect.
(g)
Shall be installed as early in the construction process as practicable and before the activation of the proposed solar energy generating station;
(h)
Any forest or hedgerow that exists at a location where visual screening or landscape buffering is required shall be preserved to the maximum extent practicable and supplemented with new plantings where necessary; and
(i)
Shall be maintained with a 90% survival threshold for the life of the solar energy generating system station through a maintenance agreement that includes a watering plan.
(j)
Shall post for the first five years of the life of the solar energy generating station a landscaping bond equal to 100% of the total landscaping cost with the county in which the solar energy generating station is located.
[1]
The County shall release 50% of the landscaping bond if, on inspection, the vegetative protections meet a 90% survival threshold.
[2]
Following the release of a landscaping bond under Subsection B(6)(j)[1], the remaining landscaping bond shall be held for an additional two years and, on further inspection and confirmation that the vegetative protections continue to meet a 90% survival threshold, shall be released.
(7)
With respect to the site on which a solar energy generating station is proposed for construction, the owner of the solar energy generating station:
(a)
Shall minimize grading to the maximum extent possible;
(b)
May not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading;
(c)
To maintain soil integrity, shall plant native or noninvasive naturalized vegetation and other appropriate vegetative protections that have a 90% survival threshold for the life of the solar energy generating station;
(d)
Shall limit mowing and other unnecessary landscaping;
(e)
May not use herbicides except to control invasive species in compliance with the Department of Agriculture's weed control program; and
(f)
Shall make a Compensatory Preservation Contribution to the County when solar energy generating station are developed in identified Class I soils.
(8)
Except as required by law, or for safety or emergency, the solar energy generating station may not emit visible light during dusk to dawn operations.
(9)
An owner of a solar energy generating station:
(a)
Shall enter into a decommissioning agreement with the Public Service Commission on a form that the Commission provides;
(b)
Shall post a surety bond with the Public Service Commission for 125% of the estimated future cost of decommissioning the solar energy generating station and its related infrastructure, less any salvage value;
(c)
Shall execute a securitization bond true-up every five years; and
(d)
Shall provide the County with documentation of a decommissioning agreement and bond.
(10)
If the proposed location of the solar energy generating station is in an area considered to be overburdened and underserved, as defined in § 1-701 of the Environment Article of the Annotated Code of Maryland, documentation of compliance with the public meeting requirement outlined in § 7-218 of the Public Utilities Article of the Annotated Code of Maryland must be provided to the County.
(11)
Applicant must notify the Department of Planning and Zoning when ownership of the solar energy generating station changes, and the onsite signage containing emergency contact information must be kept current.
C.
Performance standards for front-of-the-meter energy storage devices. In addition to other requirements imposed by this Chapter 18 and by Chapter 14, front-of-the-meter energy storage devices that will not be constructed at a commercial or industrial location shall be subject to the following siting standards as a permitted use:
(1)
Fencing:
(a)
Nonbarbed wire fencing shall be provided, unless the fencing is sited around the substations or other critical infrastructure for protection of that infrastructure;
(b)
Shall be no more than 20 feet in height; and
(c)
Shall be only black or green vinyl wire mesh if the owner proposes to use chain link fencing.
(2)
Landscaping buffer or vegetative screening:
(a)
Shall be not more than 25 feet wide;
(b)
Shall not require the use of a berm;
(c)
Shall be provided along:
[1]
All property lines;
[2]
Locations of the exterior boundary for the solar energy generating station where existing wooded vegetation of 25 feet or more in width does not exist; or
[3]
An alternative location within the boundary for the solar energy generating station if the owner demonstrates that the alternative location would maximize the visual screening;
(d)
Shall provide for four-season visual screening of the solar energy generating station;
(e)
Shall be placed between any fencing and the public view;
(f)
Shall include multilayered, staggered rows of canopy and understory trees and shrubs that:
[1]
Are a mixture of evergreen and deciduous vegetation;
[2]
Are predominantly native species;
[3]
Are more than four feet in height at planting;
[4]
Are designed to provide screening or buffering within five years of planting;
[5]
May not be trimmed to stunt upward or outward growth or to otherwise limit the effectiveness of the visual screening;
[6]
Conform to the plant size specifications established by the American Standard for Nursery Stock (ANSI Z60.1); and
[7]
Are specified in a landscaping plan prepared by a qualified professional landscape architect.
(g)
Shall be installed as early in the construction process as practicable and before the activation of the proposed solar energy generating station;
(h)
Any forest or hedgerow that exists at a location where visual screening or landscape buffering is required shall be preserved to the maximum extent practicable and supplemented with new plantings where necessary; and
(i)
Shall be maintained with a 90% survival threshold for the life of the solar energy generating system station through a maintenance agreement that includes a watering plan.
(j)
Shall post for the first five years of the life of the solar energy generating station a landscaping bond equal to 100% of the total landscaping cost with the county in which the solar energy generating station is located.
[1]
The County shall release 50% of the landscaping bond if, on inspection, the vegetative protections meet a 90% survival threshold.
[2]
Following the release of a landscaping bond under Subsection C(2)(j)[1], the remaining landscaping bond shall be held for an additional two years and, on further inspection and confirmation that the vegetative protections continue to meet a 90% survival threshold, shall be released.
(3)
With respect to the site on which a front-of-the-meter energy storage device is proposed for construction, the owner of the device:
(a)
Shall minimize grading to the maximum extent possible;
(b)
May not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading;
(c)
May not use herbicides except to control invasive species in compliance with the Department of Agriculture's weed control program; and
(d)
Shall make a Compensatory Preservation Contribution to the County when front-of-the-meter energy storage devices are developed in identified Class I soils.
(4)
All other bulk requirements shall be as required by the underlying zoning district.
(5)
If the proposed location of a front-of-the-meter energy storage device is in an area considered to be overburdened and underserved, as defined in § 1-701 of the Environment Article of the Annotated Code of Maryland, documentation of compliance with the public meeting requirement outlined in § 7-218 of the Public Utilities Article of the Annotated Code of Maryland, must be provided to the County.
§ 18:1-58 Additional uses and regulations.
A.
Outdoor structures (bleachers, movie screens, permanent rides) and outdoor seating areas shall be at least 100 feet from any lot line, exclusive of buffer yards.
B.
Any fuel pumps, underground fuel storage tanks and islands, including any canopies, shall be at least 25 feet from any street or lot line. Entrances and exits to streets shall be at least 100 feet from any intersection.
C.
Aboveground chemical or fuel tanks with a capacity of more than 800 gallons shall be located in a depressed area sized to hold all the tank volume with a one-foot freeboard. The depressions shall be lined with materials that prevent the chemicals to be stored from soaking into the ground, and having a positive drainage to an area for pumping up any spill.
D.
Tanks with a capacity of more than 4,000 gallons shall be enclosed in a chain link, barbed-wire fence.
E.
Chain link, barbed-wire topped screening and/or fencing is required for high-voltage transformers and any other utility structures or equipment of potential hazard to residents or passersby. The enclosures shall be screened with hedges.
F.
Poultry houses, manure storage buildings, outdoor storage of oyster shells, and any other associated structures shall be located:
(1)
At least 100 feet from any property line in the Agricultural (AG) or Countryside (CS) Districts;
(2)
At least 300 feet from the common property line when an existing residence, not located on the subject property, is within 300 feet or less of the common property line, at least 300 feet from all other zoning district boundaries and 300 feet from common property lines of any vacant existing lot of record which is less than five acres in size; and
(3)
Existing poultry houses, manure storage buildings and any other associated structures shall be grandfathered.
H.
No more than one untagged vehicle may be stored outdoors on any residentially improved or residentially zoned lot.
[Amended 9-7-2004 by Ord. No. 04-23]
I.
[1]Anhydrous ammonium storage.
[Added 9-7-2004 by Ord. No. 04-05]
(1)
A storage container with a nominal capacity of 2,500 gallons or greater shall be located 600 feet from all residential uses and institutional or commercial uses on surrounding lots and 50 feet from all public rights-of-way.
(2)
No new residential use shall be constructed, occupied, or maintained within 600 feet from such storage containers.
[1]
Editor's Note: Former Subsection I, Electric transmission lines, was repealed 1-17-2006 by Ord. No. 05-20. Said ordinance also redesignated former Subsection J as Subsection I.
J.
Short-term residential rentals.
[Added 11-26-2024 by Ord. No. 24-09]
(1)
As a supplemental use, short-term residential rentals shall be regulated so as to minimize adverse impacts on neighboring properties that may arise from frequent change over of guests, increases in parking requirements, lack of familiarity with property boundaries, and excessive noise.
(2)
Short-term residential rentals are permitted to be located in dwelling units in all zoning districts, provided:
(a)
The property owner shall demonstrate to the Department that the property owner or a property manager is located within Queen Anne's County or an adjacent county on the eastern shore of Maryland and available at all times during the short-term rental occupancy.
(b)
Overnight occupant and guest capacity:
[1]
With public sewer and/or water: the maximum number of overnight occupants who are 18 years or older shall not exceed 10 or two persons per bedroom, whichever is less. The maximum number of guests, including overnight occupants, who may occupy the property at any one time shall not exceed 20 persons or the maximum capacity of adequate sewer and/or water services provided, whichever is less.
[2]
Without public sewer: on private septic, at any given time the maximum number of overnight occupants and guests who are 18 years or older shall not exceed two persons per bedroom or the maximum treatment capacity of the on-site septic system, whichever is more.
[3]
All guests who are not overnight occupants shall vacate the property not later than 11:00 p.m. each day during the short-term rental period.
(c)
Outdoor amplified music shall be discontinued at 8:00 p.m.
(d)
Parking for all occupants and guests shall be provided on-site.
(e)
The property owner has secured zoning approvals as required by § 18:1-132 et seq. which may not be issued by the Department until the property has been inspected for compliance with applicable building, habitability, and fire safety codes and the property owner demonstrates compliance with Subsection J(2)(h) below.
[1]
Following the initial issuance of a zoning certificate, self-certification for inspection may be administered and confirmed through an affidavit to accompany the annual zoning certificate application. Every five years after the initial application, a County inspection will be required prior to issuance of a zoning certificate.
[2]
The County reserves the right to conduct an inspection during zoning certificate review.
(g)
Short-term residential rentals shall not be used for special events unless a conditional use approval is granted by the Board of Appeals.
(h)
The property owner has registered the use with the Queen Anne's County Finance Office to facilitate the collection of the County's hotel rental tax.
(3)
Enforcement.
(a)
A short-term residential rental zoning certificate may be suspended, revoked, or not renewed due to documented legal matters, a citation, or violation based upon noncompliance with Queen Anne's County Code, including any violations of building, electrical, plumbing, and fire code.
(b)
For a period of three years after a zoning certificate is revoked, A short-term residential rental zoning certificate may not be issued to the former applicant or to any applicant to use the same dwelling unit where the zoning certification was revoked.
K.
Spray irrigation facilities for sewage disposal.
[Added 2-7-2006 by Ord. No. 05-11]
(1)
This section applies only to wastewater generated by sewage treatment and not industrial waste.
(2)
Spray irrigation facilities are only permitted as a public service use.
(3)
Spray irrigation facilities are not permitted on properties if the property or any portion of the property is located in the Critical Area.
(4)
All lands subject to the application of effluent by spray irrigation shall be in the ownership of the County or the Municipality generating the wastewater.
(5)
The property proposed for spray irrigation must be approved by the Sanitary Commission and amended into the Queen Anne's County Comprehensive Water and Sewer Plan.
(6)
The County or the Municipality proposing a spray irrigation facility must obtain required permits from Maryland Department of the Environment and any other appropriate State or Federal agency.
(7)
Any spray irrigation facility must meet all buffer standards required by Maryland Department of the Environment and all applicable Federal, State or local regulations.
L.
Banquet facilities.
[Added 2-24-2009 by Ord. No. 08-19]
(1)
Valet service. If valet service is provided, a ratio of at least one valet per 75 quests shall be maintained.
M.
Agricultural/equestrian standards as a permitted use in the Agricultural Zone.
[Added 2-24-2009 by Ord. No. 09-01]
(1)
Agricultural/equestrian events:
(a)
The standards of this subsection shall not apply to 4-H, FFA (Future Farmers of America), non-profit youth events, educational events and other agricultural/equestrian activities, as defined in this Chapter 18, provided that fees are not charged for public attendance, unless it is an audit fee for education purposes.
(b)
No more than 10 agricultural/equestrian events, as defined by this Chapter 18, where an admittance fee is charged for spectators, may take place each calendar year.
(c)
A permit must be obtained from the Department for each event which shall limit the event to not more than three consecutive days. A fee for issuance of the permit may be set by the Department. The applicant must specify the following:
[1]
The nature of the event;
[2]
The anticipated attendance of spectators and participants;
[3]
The number of days the event will take place;
[4]
The hours during which the event will take place;
[5]
The area to be used for parking;
[6]
Any traffic control measures intended to be put in place;
[7]
Any other information determined by the Department to be relevant to the issuance of the permit.
(2)
Setbacks:
(a)
Each agricultural/equestrian facility shall be located at least 100 feet from any existing dwelling.
(4)
Overnight accommodations are prohibited for spectators.
N.
Expansion of miniwarehouses (within the Town Center District).
[Added 10-9-2018 by Ord. No. 18-02]
O.
Expansion of a use and/or tenant space that occupies more than 65,000 square feet of gross floor area in a structure (within the Urban Commercial District).
[Added 1-28-2020 by Ord. No. 19-17]
(1)
Expansion of use and/or tenant space which occupies more than 65,000 square feet of gross floor area in a structure shall be permitted only for uses that were operating on or before January 6, 2004.
(2)
The expansion shall not exceed 50% of the gross floor area of the space that existing on January 6, 2004, and is subject to the Town Center and Urban Commercial Design Standards: Commercial and Mixed-Use Development Standards which must be implemented insofar as possible.