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Rock Hall Zoning
Section 1. R-1 LOW DENSITY RESIDENTIAL DISTRICT The Low Density Residential District is designed primarily to accommodate single-family detached housing at low densities. Some community service uses, institutional uses, and home occupations may be permitted as stipulated by this Ordinance. Certain uses are subject to performance standards (PS) specified in Article VI of this Ordinance.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Single-family detached dwellings.
RETAIL TRADE/COMMERCIAL/SERVICES None.
INSTITUTIONAL House of Worship (PS). Public Parks and Recreation areas (PS). Libraries.
AMUSEMENTS Private Recreation Areas - not for commercial purposes (PS). INDUSTRIAL None.
MOTOR VEHICLE/RELATED SERVICES None.
NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to additional performance standards (PS) which are specified in Article VI of this Ordinance. 1. Accessory uses, as follows, on a farm of ten (10) acres or more; a. Accessory structures for the sale or processing of farm products raised on the premises. b. Accessory open or enclosed storage of farm materials, products or equipment. c. Accessory farm structures, including barns, stables, sheds, tool rooms, shops, bins, tanks, and silos. d. Dwellings for persons permanently employed on the premises. e. Accessory trailers, one (1) on farms. These units shall share a common entrance and shall be occupied by permanent employees of the farm or immediate members of the family owning or operating the farm. All accessory farm dwellings shall be landscaped and screened from adjacent properties. 2. Boat docks and boathouses (PS). This use is subject to performance standards as specified in Article VI of this Ordinance. 3. Domestic storage in the main structure or in an accessory structure. 4. Garages, private. A garage used for storage purposes only and having a capacity of not more than four (4) automobiles or not more than two (2) automobiles per family housed in the structure to which the garage is accessory, whichever is the greater. Space therein may be used for not more than one (1) commercial vehicle of not more than ten thousand (10,000) pounds gross vehicle weight, and space may be rented for not more than two (2) vehicles to persons other than occupants of the structures to which such garage is accessory. 5. Home Occupations/Cottage Industry (PS). This use is subject to performance standards as specified in Article VI of this Ordinance. 6. The keeping of small animals, insects, reptiles, fish, or birds, but only for personal enjoyment or household use and not as a business. 7. Playhouses, without plumbing, with floor area limited to one hundred and fifty (150) square feet and headroom limited to five (5) feet. 8. The storage of a boat not exceeding twenty-five (25) feet in length, a boat trailer, a camp trailer, or a recreational vehicle, but not in a front yard. 9. Swimming pools and game courts, lighted or unlighted, for the use of occupants or their guests (PS). This use is subject to performance standards as specified in Article VI of this Ordinance. 10. Temporary structures (PS). This use is subject to performance standards as specified in Article VI of this Ordinance. 11. Accessory off-street parking and loading spaces: an open or enclosed space for parking one (1) commercial vehicle of not more than 10,000 lbs gross vehicle weight and used by the occupant of a dwelling. 12. ECHO Housing (PS). This use is subject to performance standards as specified in Article VI of this Ordinance. 13. Cemeteries when accessory to a church, provided that no graves or burial lots shall be located in a required yard. 14. Satellite receiving dishes, ground mounted (PS). This use is subject to performance standards as specified in Article VI of this Ordinance. 15. Bed and breakfast establishments (PS). This use is subject to performance standards as specified in Article VI of this Ordinance.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows: Cemeteries (PS) Hospitals and sanitariums, but not animal hospitals. Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners. In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit. If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services. E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance. R-1 LOW DENSITY RESIDENTIAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** UNLESS OTHERWISE PROVIDED IN THIS ORDINANCE
Section 2. R-2 MIXED RESIDENTIAL DISTRICT (PS) The Mixed Residential District (MRD) is designed primarily to accommodate single-family housing at medium densities, including attached units with appropriate design and buffering. On parcels of ten (10) acres or less the housing type shall be low density single-family detached on a lot of at least 10,500 square feet. On parcels over ten (10) acres, a mixed use development is allowed subject to the requirements of Section 2.A.1. of this Article. Special design requirements for this District are contained in Article VI of this Ordinance.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Single-family detached dwellings. Duplex dwellings. Triplexes. Townhouses (PS). Group Homes (PS). RETAIL TRADE/COMMERCIAL/SERVICES None. INSTITUTIONAL House of Worship (PS). Public Parks and Recreation areas (PS). Libraries. AMUSEMENTS Private Recreation Areas - not for commercial purposes (PS). INDUSTRIAL None. MOTOR VEHICLE/RELATED SERVICES None. NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
1. MIXED RESIDENTIAL DEVELOPMENTS
Mixed residential developments taking advantage of the following mixed housing type and mixed lot size provisions are permitted only on tracts over ten (10) acres located within an R-2 zoning District.
Permitted types of residential uses within a qualifying mixed residential development include single-family detached dwellings, duplex dwellings, triplex dwellings, and townhouses. At least fifty percent (50%) of the total number of dwelling units must be single-family detached residences on lots of at least 10,500 square feet. No more than forty percent (40%) of the total number of dwelling units may be single-family detached dwellings on lots of 9,500 sq. ft or greater or duplex dwellings on lots of 8,000 sq. ft. or greater. No more than ten percent (10%) of the total number of dwelling units may be triplex or townhouse residences on lots of 5,000 square feet or greater.
To the extent practicable, the duplex, triplex, and townhouse portions of a mixed use development shall be developed more toward the interior rather than the periphery of the tract so that the single-family residences border adjacent properties.
2. OPEN SPACE INCENTIVE
The purpose of this incentive is to provide flexibility, consistent with the public health and safety and without increasing overall density, to the developer who subdivides property and constructs structures on the lots created in accordance with a unified and coherent plan of development.
This provision authorizes a developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the number of dwelling units beyond what would be permissible if the land were subdivided into the size of lots required by Section 2.A.1.
In any qualifying R-2 development, a developer may create lots that are smaller than those required in Section 2.A.1. if such developer complies with the following and if the lots so created are not smaller than the minimums set forth in the following table:
The amount of usable open space that must be set aside shall be determined by: a. Subtracting from the standard square footage requirement set forth in Section 2.B.1. the amount of square footage of each lot that is smaller than that standard; b. Adding together the results obtained in a. for each lot. These provisions shall only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition of usable open space set forth in Article XIV. At least fifty percent (50%) of the required open space shall be contained as a single visually identifiable area exclusive of connecting corridors or pathways, and in no case be less than fifty (50) feet in width nor 5,000 sq. ft. in area. The setback requirements of this District shall apply in a qualifying mixed use development using smaller lot sizes.
3. AFFORDABLE HOUSING INCENTIVE
To encourage the production of affordable housing, the maximum number of dwelling units permitted in any R-2 area may be increased by ten percent (10%), subject to the following:
a. At least ten percent (10%) of the total dwelling units of the qualifying project must be rented or sold as affordable housing units; b. The applicant shall guarantee that the minimum number of dwelling units proposed for eligibility will be made available for rent or sale pursuant to income, rental, and sales price guidelines certified by the Maryland Community Development Administration. The applicant shall cooperate with the Maryland Community Development Administration to identify qualifying households.
c. The project is not otherwise subsidized by Federal or State programs used to finance development or provision of affordable housing. d. All affordable housing units shall be integrated into the overall design of the development and shall be intermixed throughout the development with exterior materials and appointments not differing from those of the other units in the project. e. Developers of affordable housing shall be required to ensure that the dwelling units will continue to be available for rental or sale to persons of qualifying income levels for such minimum period of time as is set forth in any applicable program, or as may be required by the Town. Acceptable forms of assurance include provisions for acquisition of the units by a non-profit or government housing agency, restriction on the resale of units, use of management agreements, or by other means acceptable to the Town. f. When adding affordable housing dwelling units, a developer may create lots that are smaller than those required in the Table of Lot Area, Width, Height, and Yard Requirements for the R-2 District if the lots so created are not smaller than the minimums set forth in the following table:
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
1. Any accessory use permitted in the R-1 Low Density Residential District. Townhouses are not permitted to have accessory uses except community-owned swimming pools, pool houses including restrooms, and domestic storage in an accessory structure.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows:
Cemeteries (PS) Hospitals and sanitariums, but not animal hospitals. Institutions, educational or philanthropic, including museums and art galleries. Limited retail uses in MRD developments of fifty (50) dwelling units or more at the rate of 2,400 square feet of floor area for every fifty (50) dwelling units. If the development contains 101 or more dwelling units, then one (1) acre of land for every 100 dwelling units may be used for limited convenience retail purposes (PS).
Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance. R-2 MIXED RESIDENTIAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. ***UNLESS OTHERWISE PROVIDED IN THIS ORDINANCE
Section 3. R-3 HIGH DENSITY RESIDENTIAL DISTRICT High Density Residential is designed primarily to accommodate high density housing with appropriate design, open space provisions, and buffering. Certain uses are subject to performance standards (PS) specified in Article VI of this Ordinance.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Single-family detached dwellings. Duplex dwellings. Triplexes. Townhouses (PS). Group Homes (PS). RETAIL TRADE/COMMERCIAL/SERVICES None. INSTITUTIONAL House of Worship (PS). Public Parks and Recreation areas (PS). Libraries. AMUSEMENTS Private Recreation Areas - not for commercial purposes (PS). INDUSTRIAL None. MOTOR VEHICLE/RELATED SERVICES None. NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
1. OPEN SPACE INCENTIVE
The purpose of this incentive is to provide flexibility, consistent with the public health and safety and without increasing overall density, to the developer who subdivides property and constructs structures on the lots created in accordance with a unified and coherent plan of development.
This provision authorizes a developer to decrease lot sizes and leave the land "saved" by so doing as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the number of dwelling units beyond what would be permissible if the land were subdivided into the size of lots required in the Table of Lot Area, Width, Height, and Yard Requirements in Section 3.E.
In any R-3 development, a developer may create lots that are smaller than those required in the Table of Lot Area, Width, Height, and Yard Requirements if such developer complies with the following and if the lots so created are not smaller than the minimums set forth in the following table:
The amount of usable open space that must be set aside shall be determined by: a. Subtracting from the standard square footage requirement set forth in Section 3.E.the amount of square footage of each lot that is smaller than that standard; b. Adding together the results obtained in a. for each lot.
These provisions shall only be used if the usable open space set aside in a subdivision comprises at least 10,000 square feet of space that satisfies the definition of usable open space set forth in Article XIV. At least fifty percent (50%) of the required open space shall be contained as a single visually identifiable area exclusive of connecting corridors or pathways, and in no case be less than fifty (50) feet in width nor 5,000 sq. ft. in area.
The setback requirements of this District shall apply in a qualifying mixed use development using smaller lot sizes.
3. AFFORDABLE HOUSING INCENTIVE
To encourage the production of affordable housing, the maximum number of dwelling units permitted in any R-3 area may be increased by ten percent (10%), subject to the following:
a. At least ten percent (10%) of the total dwelling units of the qualifying project must be rented or sold as affordable housing units; b. The applicant shall guarantee that the minimum number of dwelling units proposed for eligibility will be made available for rent or sale pursuant to income, rental, and sales price guidelines certified by the Maryland Community Development Administration. The applicant shall cooperate with the Maryland Community Development Administration to identify qualifying households. c. The project is not otherwise subsidized by Federal or State programs used to finance development or provision of affordable housing. d. All affordable housing units shall be integrated into the overall design of the development and shall be intermixed throughout the development with exterior materials and appointments not differing from those of the other units in the project. e. Developers of affordable housing shall be required to ensure that the dwelling units will continue to be available for rental or sale to persons of qualifying income levels for such minimum period of time as is set forth in any applicable program, or as may be required by the Town. Acceptable forms of assurance include provisions for acquisition of the units by a non-profit or government housing agency, restriction on the resale of units, use of management agreements, or by other means acceptable to the Town. f. When adding affordable housing dwelling units, a developer may create lots that are smaller than those required in the Table of Lot Area, Width, Height, and Yard Requirements for the R-3 District if the lots so created are not smaller than the minimums set forth in the following table:
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
1. Any accessory use permitted in the R-1 Low Density Residential District. Townhouses are not permitted to have accessory uses except community-owned swimming pools, pool houses including restrooms, and domestic storage in an accessory structure.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans. The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows:
Cemeteries (PS) Hospitals and sanitariums, but not animal hospitals. Institutions, educational or philanthropic, including museums and art galleries. Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Christmas tree sales Tents/special events Public events In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance.
R-3 HIGH DENSITY RESIDENTIAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. ***UNLESS OTHERWISE PROVIDED IN THIS ORDINANCE
Section 4. C-1 COMMUNITY COMMERCIAL DISTRICT The Community Commercial District is designed to accommodate local business, institutional, and service establishments meeting the needs of a relatively small area, primarily nearby low-density or medium-density residential neighborhoods. Certain uses are subject to performance standards (PS) specified in Article VI of this Ordinance.
NOTE:
1. All commercial uses in this District are required to provide a visual buffer from adjacent residential uses. 2.Commercial structures in excess of 5,000 square feet are not permitted in the C-1 District. 3. Parking spaces or parking lot drive aisles shall not be closer than ten (10) feet to the front property line in this District.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Any use permitted in the R-1 Low Density Residential District. RETAIL TRADE/COMMERCIAL/SERVICES Automatic ice-distribution stations or other drive-in automatic vending machine stations. Banks, drive-in or otherwise, so long as driveway space shall be provided off the street for all vehicles waiting for drive-in service (PS). Bakeries occupying no more than 2,500 sq. ft. of floor area. Barbershops and beauty parlors. Bed and Breakfast Establishments (PS). Bicycle sales and repair shops. Child day care with eleven (11) or more children under care (PS). Clinics, medical. Dry-cleaning and pressing pickup stations or shops occupying not more than 2,500 sq. ft. of floor area and using no cleaning fluid whose base is petroleum or one of its derivatives. Flower shops and greenhouses incidental thereto. Frozen food lockers for individual or family use. Hospitals and clinics for small animals, dogs, cats, birds, and the like, provided that such hospital or clinic and any treatment rooms, cages, pens, or kennels be maintained within a completely enclosed, soundproof structure and that such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls. Any outdoor area used as dog runs must be two hundred (200) feet from any property line. Laundromats and self-service dry-cleaning establishments. Laundries occupying not more than 2,500 sq. ft. of floor area. Offices, general business and professional. Restaurants, drive-in or otherwise (PS). Shoe repairing shops occupying not more than 2,500 sq. ft. of floor area. Shops for the sale, service, or repair of home appliances, office machines, electrical equipment and television and radio equipment and occupying not more than 2,500 sq. ft. of floor area. Stores and shops for the conduct of retail business, including the sale of accessories, antiques, apparel, appliances, beverages, books, carpets, drugs, fabrics, food, furniture, general merchandise, hardware, garden supplies, hobby supplies, jewelry, office supplies, paint, sporting goods, and stationery and similar stores and shops. Telephone stations or booths, including drive-in or talk-from-car stations. Undertaking businesses or establishments and funeral homes. Studios for artists, photographer, teachers, sculptors and musicians. INSTITUTIONAL House of Worship (PS). Public Parks and Recreation areas (PS). Libraries. AMUSEMENTS Private Recreation Areas - not for commercial purposes (PS). Private clubs, lodges, and meeting halls (PS). INDUSTRIAL None. MOTOR VEHICLE/RELATED SERVICES (PS) Filling stations, so long as the bulk storage of flammable liquids is underground (PS). NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
1. Any accessory use permitted in the R-1 Low Density Residential District. 2. Telephone booths.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows:
Cemeteries (PS) Hospitals and sanitariums, but not animal hospitals. Institutions, educational or philanthropic, including museums and art galleries. Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town.
The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance.
C-1 COMMUNITY COMMERCIAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. AND THE REAR YARD 30 FT. ***UNLESS OTHERWISE PROVIDED FOR IN THIS ORDINANCE
Section 5. C-2 HIGHWAY COMMERCIAL DISTRICT The purpose of this District is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous service activities, generally serving a wide area, generating high volumes of vehicular traffic, and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, the open storage of material other than retail stock or the nuisance factors of dust, odor, and noise associated with manufacturing.
Certain uses are subject to performance standards (PS) specified in Article VI of this Ordinance.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Any residential use, type, or lot size permitted in the R-1 District. RETAIL TRADE/COMMERCIAL/SERVICES (PS) Any use permitted in the C-1 Community Commercial District. Bakeries occupying not more than 5,000 sq. ft. of floor area. Bed and Breakfast Establishments (PS). Boat and boat trailer sales and storage, but not marinas. Commercial greenhouses. Hotels, motels, and motor lodges (PS). Lawnmower and yard and garden equipment sales, service, rental, and repair. Monument sales establishments with incidental processing to order, but not including the shaping of headstones. Printing, publishing and engraving establishments. Radio and television stations and studios and recording studios, but not towers more than one hundred twenty- five (125) feet in height, except as provided in Article IX. Schools for industrial training, trade, or business. Trailer or mobile home sales and storage, but not a trailer park. Wholesale establishments with not more than 2,500 sq. ft. of accessory storage per establishment.
INSTITUTIONAL House of Worship (PS). Public Parks and Recreation areas (PS). Libraries. Community centers. Post office. AMUSEMENTS Amusement places and theaters, except open-air drive-in theaters. Amusement places include bowling alleys, dance halls subject to applicable Town regulations, skating rinks, swimming pools, miniature golf courses, billiard or pool parlors, indoor model racing tracks, and similar activities. Archery ranges. Golf driving ranges. Private Recreation Areas - not for commercial purposes (PS). Private clubs, lodges, and meeting halls (PS). INDUSTRIAL (PS) Dyeing and cleaning works or laundries, plumbing and heating shops, upholstering shops not involving furniture manufacture, tire sales and service, appliance repairs and general service and repair establishments similar in character to those listed in this subsection, provided that no outside storage of materials is permitted and further provided that no use permitted in this subsection shall occupy more than 6,000 sq. ft. of floor area. MOTOR VEHICLE/RELATED SERVICES (PS) Automobile parking lots and structures. Automobile and truck sales, service, and repair but not major body or fender repair, auto salvage, or junk, and provided that any major repair or storage of equipment, materials, or damaged vehicles shall be inside a com pletely enclosed structure. Car washes and automobile laundries, automatic or otherwise, providing reservoir space for not fewer than five vehicles for each washing lane. Farm implement sales, service, rental, and repair, but not salvage or junk, and provided that major repair of storage of materials or damaged or unusable implements or vehicles shall be inside a completely enclosed structure. Filling stations, so long as the bulk storage of flammable liquids is underground (PS). NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
1. Any accessory use permitted in the R-1 High Density Residential District. 2. Telephone booths. 3. Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the structure, provided that all products and materials used or stored are in a completely enclosed structure or enclosed by a masonry wall, screening, fence or hedge not less than six (6) feet in height. The storage of all materials and equipment shall not exceed the height of the wall. The storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls or screen, but not including the storage of heavy equipment, such as road-building or excavating equipment.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows:
Animal hospitals, with any open pens at least two hundred (200) feet from any residential District. Bus terminals. Cemeteries (PS). Drive-in theater (PS). Exposition centers and fairgrounds. Heliports. Hospitals and sanitariums. Institutions, educational or philanthropic, including museums and art galleries. Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance.
C-2 HIGHWAY COMMERCIAL DISTRICT 95%
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. ***UNLESS OTHERWISE PROVIDED FOR IN THIS ORDINANCE
Section 6. C-3 TOWN CENTER COMMERCIAL DISTRICT The purpose of this District is to encompass the retail, service, and office core of the central business district, permitting a wide variety of uses providing basic goods and services to the community and to the surrounding region. General manufacturing, warehousing and other uses which tend to generate heavy truck traffic and require open storage of materials or equipment are prohibited. In recognition of the "downtown" character of the District, yard regulations are kept to a minimum in order to encourage compact and efficient commercial development.
Certain uses are subject to performance standards (PS) specified in Article VI of this Ordinance.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Any use permitted in the R-3 High Density Residential District. Dwelling units in conjunction with a business use (PS). RETAIL TRADE/COMMERCIAL/SERVICES (PS) Any use permitted in the C-1 Community Commercial District. Bakeries occupying not more than 5,000 sq. ft. of floor area. Bed and Breakfast Establishments (PS). Child day care with eleven (11) or more children under care (PS). Hotels, motels, and motor lodges (PS). Lawnmower and yard and garden equipment sales, service, rental, and repair. Monument sales establishments with incidental processing to order, but not including the shaping of headstones. Printing, publishing and engraving establishments. Radio and television stations and studios and recording studios, but not towers. Schools for industrial training, trade, or business. Wholesale establishments with not more than 2,500 sq. ft. of accessory storage per establishment. INSTITUTIONAL House of Worship (PS). Public Parks and Recreation areas (PS). Libraries. Community centers. Post office. AMUSEMENTS Private Recreation Areas - not for commercial purposes. Private clubs, lodges, and meeting halls. Amusement places and theaters, except open-air drive-in theaters. Amusement places include bowling alleys, dance halls subject to applicable town regulations, skating rinks, swimming pools, miniature golf courses, billiard or pool parlors, indoor model racing tracks, and similar activities. INDUSTRIAL None. MOTOR VEHICLE/RELATED SERVICES (PS) Automobile parking lots, at-grade only. New automobile and truck sales, service, and repair but not major body or fender repair, auto salvage, or junk, and provided that any major repair or storage of equipment, materials, or damaged vehicles shall be inside a completely enclosed structure. Car washes and automobile laundries, automatic or otherwise, providing reservoir space for not fewer than five (5) vehicles for each washing lane. Filling stations, so long as the bulk storage of flammable liquids is underground (PS). NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
1. Any accessory use permitted in the R-1 Low Density Residential District. 2. Telephone booths. 3. Used car sales and storage lots, but only as an accessory use to an authorized new car sales agency. 4. Dwelling as accessory to any business use, provided not more than one (1) dwelling unit for every 2,000 square feet of non-residential space and subject to a maximum of four (4) dwelling units, each with a minimum of six hundred (600) square feet of floor area.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located. A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI. The conditional uses are as follows: Bus terminals. Hospitals and sanitariums. Housing for the elderly not to exceed thirty (30) dwelling units per acre (PS). Institutions, educational or philanthropic, including museums and art galleries. Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generating or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners. In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance.
C-3 TOWN CENTER COMMERCIAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT.AND THE REAR YARD 30 FT. ***UNLESS OTHERWISE PROVIDED FOR IN THIS ORDINANCE
Section 7. MIXED COMMERCIAL/INDUSTRIAL DISTRICT (PS)
The purpose of this District is to provide for comprehensively planned, multi-use developments of retail trade, commercial, service, industrial, and institutional activities. Special design requirements for this District are contained in Article VI of this Ordinance. All industrial uses in this District are subject to performance standards as specified in Article VI of this Ordinance. To establish an appropriately mixed character within the entire District, the following percentages of floor area proposed in the District shall not exceed: Retail Trade/Commercial/Service - 60% Industrial - 65% Institutional - 15% If the land in the District is comprehensively planned and developed as a single unit without parcelization by subdivision, these individual percentages shall not be exceeded by more than five percent (5%) without approval of the Planning Commission upon application and for good cause shown.
If the land within the District is subdivided into smaller parcels and not comprehensively planned as a whole, the Zoning Administrator and the Planning Commission shall record the cummulative floor area of the various permitted uses as development of the District proceeds and shall assure compliance with the mixed use percentage limits at full development of the District by restricting development of particular uses if it is apparent that the mixed use percentage limits would be exceeded by their addition.
The minimum green area requirement, which shall include designated parks, pubic and private open space, active and passive recreational areas, for an MCI District development shall be not less than twenty percent (20%) of the total area devoted to MCI District uses, except that comparable amenities or facilities may be provided in lieu of green area if the Planning Commission determines that such amenities or facilities are sufficient to accomplish the purposes of the District, and would be more beneficial to the proposed development than strict adherence to the specific green area requirement. The minimum green area requirement shall apply unless a more restrictive regulation, e.g. the Critical Area or Flood Plain requirements, must be observed.
Development in this District shall be staged in such a manner as to coordinate development with the provision of public facilities, and such facilities shall be operational at acceptable service levels and capacities. The number of entrances and exits from this District to Rt. 20 shall be limited and access to the individual uses within the District shall be provided through a system of internal roadways. The placement of individual uses along Rt. 20 each with its own ingress and egress to Rt. 20 shall not be allowed because of the resulting traffic difficulties.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Dwellings for resident watchmen and caretakers employed on the premises. RETAIL TRADE/COMMERCIAL/SERVICES (PS) Any use permitted in the C-1 Community Commercial District, except residential uses. Bakeries occupying not more than 5,000 sq. ft. of floor area. Banks, drive-in or otherwise (PS). Child day care (eleven [11] or more children under care) (PS). Commercial greenhouses. Hotels, motels, and motor lodges (PS). Lawnmower and yard and garden equipment sales, service, rental, and repair. Lumber and building materials establishments. Monument sales establishments with incidental processing to order, but not including the shaping of headstones. Motion-picture studios. Offices and office structures. Photographic processing and blueprinting establishments. Printing, publishing and engraving establishments. Radio and television stations and studios and recording studios, but not towers more than one hundred twenty- five (125) feet in height, except as provided in Article IX. Restaurants, to include drive-in restaurants (PS). Shopping Centers (PS). Wholesale establishments with not more than 2,500 sq. ft. of accessory storage per establishment. Wholesale merchandising and storage warehouses, with floor area devoted to warehousing and handling of merchandise limited to 50,000 square feet.
INSTITUTIONAL House of Worship (PS). Public Parks and Recreation areas (PS). Libraries. Community centers. Post office. Public Schools. AMUSEMENTS Amusement places and theaters, except open-air drive-in theaters. Amusement places include bowling alleys, dance halls, skating rinks, swimming pools, miniature golf courses, billiard or pool parlors, indoor model racing tracks, and similar activities subject to applicable Town regulations. Archery ranges. Auditoriums, lecture halls, and recreation facilities primarily for employees in the District. Fitness center. Golf driving ranges (PS). Private clubs. Private Recreation Areas - not for commercial purposes (PS). INDUSTRIAL (PS) Light manufacturing uses listed below, and uses similar to those listed below as determined by the Planning Commission which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odor, heat, or glare than that which is generally associated with light industries of the types specifically permitted below: Beverage blending or bottling, the manufacture of bakery products, candy, dairy products and ice cream, fruit and vegetable processing and canning, the packing and processing of fish, meat and poultry products, but not the distilling of beverages or slaughtering of poultry or animals or the processing or bulk storage of grain or feeds for animals or poultry. Boat building, storage, repair or painting, including the sale of boats and boat parts and accessories provided that any out-of-water work or storage shall be located at least fifty (50) feet from any residential use. Compounding of cosmetics, toiletries, drugs, and pharmaceutical products. Contractor's storage yard and maintenance facility (PS). Fish, shrimp, crab, clam, oyster, and other seafood processing, packing, and storing, subject to all applicable State and Town laws and ordinances and provided that any such use shall be located at least two hundred (200) feet from any residential use and buffered from the residential use. Laboratories for research, experimenting and testing, but not for testing combustion engines or explosives. Loading and unloading, including temporary cold storage of seafood, fish, clams, oysters, crabs, and shrimp; also buying and selling. Manufacture and assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games, and electrical or electronic apparatus. Manufacture and assembly of boats, bolts, nuts, screws, rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery, hardware products, and sheet metal products. Manufacture of boat parts, sails, accessories and equipment not involving drop forging, stamping, automatic screw machines or a foundry. Manufacture of boxes, furniture, cabinets, baskets and other wood products of similar nature. Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing, and fabrics and the printing and finishing of textiles and fibers into fabric goods. Marine shops, woodworking shops, electrical shops, and similar uses for the construction, repair and maintenance of boats and boat engines. MOTOR VEHICLE/RELATED SERVICES (PS) Car washes and automobile laundries, automatic or otherwise, providing reservoir space for not fewer than five (5) vehicles for each washing lane. Filling stations limited in land area to one acre, and not including truck or trailer storage or mechanical servicing of trucks or trailers (PS). NATURAL RESOURCES Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance. 1. The storage of goods used in or produced by permitted commercial and industrial uses and related activities, subject to applicable District regulations. 2. Material storage yards, in connection with a permitted use where storage is incidental to the approved occupancy of the structure, provided that all products and materials used or stored are in a completely enclosed structure or enclosed by a masonry wall, opaque screening, opaque fence or opaque hedge not less than six (6) feet in height. Ribbon fences are not permitted. The storage of all materials and equipment shall not exceed the height of the wall. The storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls or screen.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans. The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows:
Animal hospitals and kennels, with any open pens at least two hundred (200) feet from any residential District. Batch plants. Bus terminals. Cemeteries (PS). Drive-in theater (PS). Exposition centers and fairgrounds. Heliports. Hospitals and sanitariums. Institutions, educational or philanthropic, including museums and art galleries. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures). Raising for sale birds, bees, rabbits, and other small animals, fish, and other creatures.
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Carnivals, circuses Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance.
MCI MIXED COMMERCIAL/INDUSTRIAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. ***UNLESS OTHERWISE PROVIDED FOR IN THIS ORDINANCE ****THE FRONT LINE OF ANY INDUSTRIAL USE IN THIS DISTRICT SHALL NOT BE PLACED WITHIN FOUR HUNDRED(400) FEET OF THE RIGHT-OF-WAY OF RT. 20.
Section 8. MARITIME RECREATIONAL DISTRICT
The purpose of this District is to provide for and to preserve waterfront land in appropriate locations for commercial docking, waterfront sales and storage and repairs of boats. In general, the District is intended for the less intensive commercial marine activities related to tourism, vacationers, sport fishing and pleasure boating. Since land in the District is limited, construction of dwellings should be discouraged, but since marine development will be gradual, low-density residential uses are permitted.
A. PRINCIPAL PERMITTED USES RESIDENTIALAny use permitted in the R-1 Low Density Residential District. RETAIL TRADE/COMMERCIAL/SERVICES Bed and Breakfast Establishments (PS). Boat docks, slips, piers, wharves, anchorages and moorages for commercial and pleasure boats or for boats for hire to carry passengers or for excursions, sight-seeing, pleasure or fishing trips. If the facility contains more than six (6) slips for in-water dockage, the performance standards and other requirements related to "marinas" shall apply. Boat sales or rentals, boat livery and boats for hire and boat lifts, including the out-of-water storage of boats. Boat storage, repairs and painting, including the sale of boats and boat parts or accessories, provided that out-of-water work or storage shall be limited to boats sixty-five (65) feet or less in length and provided that any out-of-water work or storage shall be located at least fifty (50) feet from any residential use. Multi-level dry rack boat storage is prohibited in all Districts. Boat and marine motor service and repairs while boats are in the water, no restrictions on length. Boat and marine engine sales and display, yacht brokers and marine insurance brokers. Boat fuel sales, provided that storage does not exceed 10,000 gallons (PS) Inns. Laundromats. Marinas (PS). Marine or oceanographic laboratories and experimental stations. Piers for fishing (PS). Retail sales and rental of boating, fishing, hunting, diving and bathing supplies, equipment and clothing and fish bait, including the sale of groceries, beverages, hardware and other supplies primarily as a convenience for those traveling by boat. Restaurants (PS). Yacht club. INSTITUTIONAL House of worship (PS). Public parks and Recreation areas (PS). Libraries. AMUSEMENTS Private recreation areas - not for commercial purposes (PS). INDUSTRIAL (PS) Loading and unloading, including temporary cold storage of seafood, fish, clams, oysters, crabs, and shrimp, also buying and selling but not processing. MOTOR VEHICLE/RELATED SERVICES None. NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
1. Any accessory use permitted in the R-1 Low Density Residential District.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows:
Exposition centers and fairgrounds. Hospitals and sanitariums, but not animal hospitals. Institutions, educational or philanthropic, including museums and art galleries. Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Carnivals, circuses Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance.
MREC MARITIME RECREATIONAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. NO REAR YARD OR SIDE YARD SHALL BE REQUIRED ON THE REAR OR SIDE OF A LOT WHICH ADJOINS A WATERWAY. ***UNLESS OTHERWISE PROVIDED FOR IN THIS ORDINANCE
Section 9. MARITIME COMMERCIAL DISTRICT
The purpose of this District is provide for and preserve land in appropriate locations for a mix of residential, community commercial, and maritime commercial uses. This District is generally intended to allow a broad range of marine and non-marine commercial uses, limit the types and intensity of future residential uses, protect existing residential neighborhoods, and protect access to and views of the Chespeake Bay from the Town.
A. PRINCIPAL PERMITTED USES RESIDENTIAL Any residential use permitted in the R-1 Low Density Residential District. RETAIL TRADE/COMMERCIAL/SERVICES Any use allowed in the C-1 Community Commercial District but commercial structures in excess of 5000 sq. ft. are not permitted. Bed and Breakfast Establishments (PS). Boat docks, slips, piers, wharves, anchorages and moorages for commercial and pleasure boats or for boats for hire to carry passengers or for excursions, sight-seeing, pleasure or fishing trips. If the facility contains more than six (6) slips for in-water dockage, the performance standards and other requirements related to "marinas" shall apply. Boat sales or rentals, boat livery and boats for hire and boat lifts, including the out-of-water storage of boats. Boat and marine motor service and repairs while boats are in the water, no restrictions on length. Boat and marine engine sales and display, yacht brokers and marine insurance brokers. Boat fuel sales, provided that storage does not exceed 10,000 gallons (PS). Hotels, motels and motor lodges (PS). Laundromats. Marinas. Multi-level dry rack boat storage is prohibited in all Districts (PS). Piers for fishing (PS).
Retail sales and rental of boating, fishing, hunting, diving and bathing supplies, equipment and clothing and fish bait, including the sale of groceries, beverages, hardware and other supplies primarily as a convenience for those traveling by boat. Restaurants (PS). Marine or oceanographic laboratories and experimental stations. INSTITUTIONAL House of worship (PS). Public parks and Recreation areas (PS). Libraries. AMUSEMENTS Private recreation areas - not for commercial purposes (PS). Private clubs, lodges, and meeting halls (PS). INDUSTRIAL (PS) Loading and unloading, including temporary cold storage of seafood, fish, clams, oysters, crabs, and shrimp, also buying and selling but not processing. MOTOR VEHICLE/RELATED SERVICES (PS) None. NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Farms, Truck Gardens, Orchards, and Nurseries (PS). Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
1. Any accessory use permitted in the R-1 Low Density Residential District.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI.
The conditional uses are as follows:
Hospitals and sanitariums, but not animal hospitals. Institutions, educational or philanthropic, including museums and art galleries. Public or governmental structures and uses, including schools, parks, parkways, playgrounds and public boat landings. Public utilities or public service uses, structures, generat- ing or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Carnivals, circuses Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance.
MC MARITIME COMMERCIAL DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. NO REAR YARD OR SIDE YARD SHALL BE REQUIRED ON THE REAR OR SIDE OF A LOT WHICH ADJOINS A WATERWAY. ***UNLESS OTHERWISE PROVIVED FOR IN THIS ORDINANCE
Section 10. MARITIME WATER-DEPENDENT DISTRICT
The purpose of this District is to provide for and to preserve waterfront land in appropriate locations for commercial docking, waterfront sales, storage, and repairs of boats, including out- of-water repairs, and for seafood packing and processing establishments subject to applicable sanitation and pollution laws and ordinances. Marinas and tourist-oriented services are permitted uses, but, in general, the District is intended for more intensive marine activities dependent upon a waterfront location. Since land in the District is limited and since conflicts are likely between residential development and permitted marine industrial uses, the construction of new residential dwellings is prohibited.
A. PRINCIPAL PERMITTED USES RESIDENTIAL None. NOTE: If a lawful nonconforming residential structure in this District is damaged, it may be repaired or reconstructed in the same building footprint and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve months of the date of such damage. RETAIL TRADE/COMMERCIAL/SERVICES Boat docks, slips, piers, wharves, anchorages and moorages for commercial and pleasure boats or for boats for hire to carry passengers or for excursions, sight-seeing, pleasure or fishing trips. If the facility contains more than six (6) slips for in-water dockage, the performance standards and other requirements related to "marinas" shall apply. Boat sales or rentals, boat livery and boats for hire and boat lifts, including the out-of-water storage of boats at least fifty (50) feet from any residential use. Boat and marine engine sales and display, yacht brokers and marine insurance brokers. Boat fuel sales, provided that storage does not exceed 10,000 gallons (PS). Marinas. Multi-level dry rack boat storage is prohib- ited in all Districts (PS). Piers for fishing (PS). Retail sales and rental of boating, fishing, hunting, diving and bathing supplies, equipment and clothing and fish bait, including the sale of groceries, beverages, hardware and other supplies primarily as a convenience for those traveling by boat. Marine or oceanographic laboratories and experimental stations. INSTITUTIONAL None. AMUSEMENTS None. INDUSTRIAL (PS) Boat building, storage, repair or painting, including the sale of boats and boat parts and accessories, and marine railways,provided that out-of-water work or storage shall be limited to boats one hundred (100) feet or less in length and provided that any out-of-water work or storage shall be located at least fifty (50) feet from any residential use. For boat and marine motor service and repairs while boats are in the water, there is no restriction on length. Multi-level dry rack boat storage is prohibited in all Districts. Fish, shrimp, crab, clam, oyster, and other seafood processing, packing, and storing, except curing or smoking unless approved by the Board of Appeals under Article XIII. Subject to all applicable State and Town laws and ordinances and provided that any such use shall be buffered from any residential use. Loading and unloading, including temporary cold storage of seafood, fish, clams, oysters, crabs, and shrimp; also buying and selling. Marine shops, woodworking shops, electrical shops, and similar uses for the construction, repair and maintenance of boats and boat engines, but not the dismantling of boats except in the nature of a repair or remodeling. MOTOR VEHICLE/RELATED SERVICES None. NATURAL RESOURCES Public and Private Forests, Wildlife Reservations, and Similar Conservation Projects. Sediment Control and Erosion Practices. Line Fences.
B. ACCESSORY USES (PS) Accessory structures and uses customarily incidental to any of the above uses are permitted by right. Certain uses are subject to performance standards (PS) which are specified in Article VI of this Ordinance.
C. CONDITIONAL USES The purpose of these provisions is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the District regulations. These uses are generally of a public or semipublic character and are essential and desirable for the general convenience and welfare but, because of the nature of the use, the importance of relationship to the Comprehensive Plan and the possible impact, not only on neighboring properties but on a large section of the Town, require the exercise of planning judgment on locations and site plans.
The following structures and uses shall be approved by the Board of Appeals as conditional uses in this District, except as otherwise provided in accordance with the procedures and standards of this Ordinance, provided that the location is appropriate and not in conflict with the Comprehensive Plan; that the public health, safety, morals, and general welfare will not be adversely affected; that adequate off-street parking facilities will be provided; and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values; and further provided that the additional performance standards of Article VI and this Article are complied with. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for the uses in the District in which the conditional use is located.
A preliminary site plan complying with the requirements of Article XI shall accompany an application for approval of a conditional use, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood and surrounding properties. Procedures for approval of a conditional use, and approval and amendment of site plans, are contained in Article XI. The conditional uses are as follows: Public utilities or public service uses, structures, generating or treatment plants, pumping or regulator stations, substations and high voltage transmission lines (excluding multilegged structures).
D. TEMPORARY USES The Zoning Administrator may issue a temporary use permit under the following procedures for the following uses:
Carnivals, circuses Christmas tree sales Tents/special events Public events
In deciding whether a permit for a temporary use should be granted, the Administrator shall ensure that:
1. The hours of operation allowed shall be compatible with the uses adjacent to the activity; 2. The amount of noise generated shall not disrupt the activities of adjacent land uses; 3. The applicants shall guarantee that all litter generated by the event be removed at no expense to the Town. The Administrator shall not grant the permit unless he finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
In cases where it is deemed necessary, the Administrator may require the applicant to hold the Town safe and harmless to ensure compliance with the conditions of the permit.
If the permit applicant requests the Town to provide extraordinary services or equipment or if the Administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Town a fee sufficient to reimburse the Town for the costs of these services.
E. LOT AREA, WIDTH, HEIGHT, AND YARD REQUIREMENTS The following minimum requirements shall be observed, subject to the modifications provided under Article IX of this Ordinance. MWD MARITIME WATER-DEPENDENT DISTRICT
NOTES: SEE ARTICLE IX FOR LOT AVERAGING SEE ARTICLE VI FOR USES SUBJECT TO PERFORMANCE STANDARDS SEE ARTICLE IX FOR SUPPLEMENTARY HEIGHT, AREA, AND BULK REGULATIONS * THE CALCULATION OF MINIMUM LOT SIZE SHALL NOT INCLUDE TIDAL WETLANDS ** WHERE ABUTING A RESIDENTIAL DISTRICT, THE LEAST WIDTH SIDE YARD SHALL BE 25 FT. NO REAR YARD OR SIDE YARD SHALL BE REQUIRED ON THE REAR OR SIDE OF A LOT WHICH ADJOINS A WATERWAY. ***ACCESSORY STRUCTURES NOT PERMITTED IN MWD DISTRICT
Section 11. "O" CRITICAL AREA OVERLAY DISTRICT
The purpose of the Critical Area Overlay District ("O") is to implement zoning regulations and measures designed to protect and enhance water quality and habitat resources located within the Town's Critical Area. The geographic area for which the following District regulations apply shall be those lands and waters located one thousand (1000) feet of the landward boundaries of all tidal waters, tidal wetlands and tributary streams in the Critical Area as designated on the Town of Rock Hall Critical Area Overlay District Maps.
The intent of this District is to provide special regulatory protection for the resources located within the town Critical Area and to foster more sensitive development activity in shoreline areas. Another objective is to minimize adverse impacts to water quality and natural habitats.
A. Land Use Management District Classifications 1. Within the Town of Rock Hall Critical Area Overlay District ("O") there shall be three land use management area classifications: 1) Intensely Developed Areas (IDAs); 2) Limited Development Areas (LDAs); and 3) Resource Conservation Areas (RCAs) which shall be as shown on the Official Critical Area Maps. 2. These land use management areas correspond to the definitions established in the Chesapeake Bay Critical Area Criteria COMAR 14.15, as amended, for each area and specifically as identified on the Town of Rock Hall Critical Area maps, adopted as part of the Town's Critical Area Program. Mapped land use management area classifications are based on land uses established on or before 1 December, 1985, except for areas where the land classification may be changed by granting the Growth Allocation (GA) floating zone district classification. The following regulations shall be applied based on the specific land management classification.
B. Special Density Provisions 1. Density in the Intensely Developed Areas (IDAs) shall be as established in the underlying base zone. 2. The density of development and minimum lot sizes permitted within a Limited Development Area (LDA) shall be governed by prescriptive densities within the applicable underlying base zoning Districts. However, in underlying base zoning Districts that permit residential use, density may not exceed 3.99 units per acre. Determination of density shall be based on the gross site area of the parcel prior to development or subdivision. 3. Residential densities in Resource Conservation Areas (RCAs) shall not exceed one (1) dwelling unit per twenty (20) acres regardless of densities permitted in applicable underlying base zones, except as provided below. Determination of density shall be based on the gross site area of the parcel, excluding tidal wetlands, except that in determining residential densities for a site, private wetlands may be included in the calculation on one (1) dwelling unit per twenty (20) density, provided the development density on the upland portion of the site doe not exceed one (1) dwelling unit per eight (8) acres. 4. Minimum lot sizes shall be governed by standards applicable to the underlying base zoning Districts. 5. The one (1) dwelling unit per twenty (20) acre density limitation in the RCA shall not prevent a bona fide intra-family transfer subjected to the following limitations: a. Intra-family transfer will be permitted on parcels of land in Rock Hall where it is shown that the parcel was recorded on or before 1 March 1986 and such parcel is at least seven (7) acres and not more than sixty (60) acres in size. b. A bona fide intra-family transfer shall be subject to all the requirements of the Town of Rock Hall Subdivision Regulations and a notation shall be placed on the final subdivision plan denoting the lot(s) that are created under these provisions. c. Subdivision of land under the bona fide intra-family transfer provisions contained herein shall be subject to the following limitations: (1) Parcels seven (7) acres to less than twelve (12) acres cannot be subdivided into more than a total of two (2) lots. (2) Parcels twelve (12) acres to less than sixty (60) acres cannot be subdivided into more than three (3) lots. d. A lot created pursuant to these provisions may not be subsequently conveyed to any person except as provided herein: (1) Where the conveyance is to a member of the owner's immediate family; or (2) Where the conveyance of the lot is as part of a default on a mortgage or deed of trust. e. Lots created pursuant to these provisions shall not be created for purposes of ultimate commercial sale. In addition, any lot created under this section may not be transferred or sold to a third party, not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property, unless and until the Planning Commission has determined that the following can be conclusively proved: (1) A change in circumstances has occurred since the original transfer, not of the owner's own doing, which would warrant permitting a subsequent transfer when such circumstances are consistent with the warrants and exceptions contained herein, or; (2) Other circumstances necessary to maintain land areas to support protective uses of agriculture, forestry, open space, and natural habitats in RCAs warrant an exception. f. Deeds of transfer shall include the provisions contained in (e) above as covenants which shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intra-family transfer provisions contained herein to a third party, not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property.
C. General Regulations
1. Except as provided in Section 12.J. (Buffer Exemption Area Provisions), permitted uses, accessory uses and special exception uses shall be limited to those permitted within the existing applicable underlying base zoning District, as shown on the Official Rock Hall Zoning Maps. 2. Existing industrial and commercial facilities, including aquaculture facilities, shall be allowed in the RCA. However, additional land may not be zoned for industrial or commercial development in the RCA. 3. The following uses are prohibited in the Critical Area due to their high potential for adverse impact on plant and wildlife habitats and water quality, unless it has been demonstrated that the activity will create a net improvement in water quality to the adjacent body of water. a. Non-maritime heavy industry; and b. Transportation facilities and utility transmission lines except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters. 4. The following uses are prohibited in the Critical Area: a. New solid or hazardous waste collection or disposal facilities, excluding dumpsters and trash receptacles; b. New sanitary landfills; c. New sludge handling, storage, and disposal facilities, other than those associated with wastewater treatment facilities; or d. New commercial and industrial maritime or related facilities in the Buffer within Resource Conservation Areas (RCAs).
D. General Buffer Regulations 1. New structures, activities, and facilities permitted in the underlying zoning District (base zoning District) are prohibited within the Buffer, except the following, subject to the requirements of Section 12.H. below: a. Boat houses, community piers, individual private piers, docks, launching ramps, and mooring facilities. (1) For community piers, only the following uses shall be permitted to locate in the Buffer: 1) Mooring buoys and slips; 2) Docks, piers, launching ramps, access roads, paths; and 3) Loading/unloading areas. (2) Where community or individual slips, piers, or mooring buoys are to be provided in a subdivision that is approved after June 30, 1988, the number of slips, piers, mooring buoys shall be the lesser of (i) or (ii) below: (i) Up to one (1) slip for every fifty (50) feet of shoreline in subdivisions in the Limited Development Areas (LDA) and Intensely Developed Areas (IDA), and one (1) slip per three hundred (300) feet of shoreline in the subdivision in the Resource Conservation Area (RCA); or (ii) A density of slips, piers, or mooring buoys to platted lots or dwellings in the subdivision according to the following schedule:
b. New commercial marinas and other related commercial maritime facilities where permitted in LDA and IDA, expansion of existing commercial marinas and other related commercial maritime facilities in RCA, and uses accessory thereto, provided that non-water-dependent uses and activities shall not be located in the Buffer. Only the following, which are considered commercial marine "water-dependent" uses, shall be permitted in the Buffer: (1) Moorings, buoys and slips; (2) Docks, piers, launching ramps, access roads and paths; (3) Loading and unloading areas; (4) Public areas. c. Public beaches and other public water-oriented recreation and education facilities, uses and related structures, provided that non-water-dependent uses and activities shall not be permitted in the Buffer. Only the following, which are considered public "water-dependent" uses, may be permitted to locate in the Buffer: (1) Lifeguard stations; (2) Nature study/passive recreation facilities with no structures or impervious surfaces; (3) Moorings, buoys and slips; (4) Docks, piers, launching ramps, access roads and paths; and (5) Loading and unloading areas.
d. Fisheries and related commercial water-dependent facilities, provided that non-water-dependent uses and activities shall not be permitted in the Buffer. Only the following, which are considered fisheries "water-dependent" uses, shall be permitted to locate in the Buffer: (1) Docks, piers, launching ramps, access roads and paths; (2) Seafood offloading docks; (3) Fueling areas; and (4) Shore facilities for aquaculture. e. Research facilities operated by county, state or federal government agencies or educational institutions conducting marine-related studies. 2. No cutting or clearing of trees or natural vegetation is permitted in the Buffer except that limit cutting or clearing of trees is permitted for the following purposes under an approved Forest Management Plan: a. For personal use, providing that Buffer functions are not impaired and trees cut are replaced; b. To prevent trees from falling and blocking streams, causing damage to dwellings or other structures, or resulting in accelerated erosion of the shore or streambank; c. In conjunction with horticultural practices used to maintain the health of individual trees; d. To provide access to private piers; e. To install or construct an approved shore erosion protection device to measure; or f. To protect forests from extensive pest or disease infestation or threat from fires if approved by the Department of Agriculture or the Bay Watershed Forester.
E. Development Standards in Intensely Developed Areas (IDAs) 1. All development and redevelopment in IDA shall be subject to the following development standards and/or conditions, in addition to those established in other sections of this ordinance, except that development on lots qualifying under Article X, Section 9 must only comply with these provisions insofar as possible as determined by the Planning Commission: a. All sites for which development activities are proposed, and which require subdivision approval or site plan review and approval, shall identify environmental or natural features on that portion of site within the Critical Area; b. No structure or uses associated with development in an Intensely Developed Area shall be permitted within the Buffer, except for water-dependent facilities, unless the site is within a Buffer Exemption Area; c. Development and redevelopment shall be subject to the Habitat Protection guidelines in the Rock Hall Critical Area Program; d. Development and redevelopment shall be required to install stormwater management practices appropriate to site development which achieve a ten percent (10%) reduction of pre-development pollutant loadings unless the Mayor and Council permit offsets as per the Rock Hall Critical Area Program; e. Development and redevelopment projects shall delineate those site areas not covered by impervious surfaces that are to be maintained or established in vegetation. Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the site are impracticable. The types of planting and vegetation proposed shall be in accordance with guidelines established in Section G. below; f. A minimum twenty-five (25) foot Buffer shall be maintained around all non-tidal wetlands as identified in the Rock Hall Critical Area Program where development activities or other activities which may disturb the wetlands or wildlife contained therein shall be prohibited unless it can be shown that these activities will not adversely affect the wetland; and g. Development and redevelopment projects that propose shore erosion protection must demonstrate that significant shore erosion is occurring on the site. Development and redevelopment projects shall install vegetative shore erosion control measures (where feasible and where appropriate) on portions of the site proposed for development and near such portions if the shore erosion threatens the proposed development portion. Where control of shore erosion cannot be accomplished by vegetative measures and structural measures are required, proposed development must either: (1) Construct appropriate structural measures to control shore-line erosion on sites proposed for development consistent with the policies established in the Shore-line Erosion Protection Section of the Rock Hall Critical Area Program; or (2) Set back the development behind the Buffer based on the annual shore erosion rate. To determine the setback, published data on annual erosion rates for the site must be used. (If two or more published rates are available, the highest rate must be used.) If published data are not available, either the annual rate is assumed to be two (2) feet per year or the developer shall do a technical study to determine the annual erosion rate. The setback shall be the annual erosion rate times twenty-five (25) years.
F. Development Standards in Limited Development Areas (LDAs) and Resource Conservation Areas (RCAs) 1. Development and redevelopment in an area designated Limited Development (LDA) or Resource Conservation (RCA) shall be subject to the following standards, except that development on lots of record qualifying under Article X, Section 9 must comply with these regulations insofar as possible as determined by the Planning Commission: a. All sites for which development activities are proposed, and which require subdivision approval or site plan review and approval, shall identify environmental or natural features on that portion of the site within the Critical Area; b. Site development shall be designed to assure that those features or resources identified as Habitat Protection Areas are afforded protection as prescribed in the habitat protection element of Town of Rock Hall Critical Area Program; c. Roads, Bridges and utilities serving development shall be so located as to avoid disturbances to habitat protection areas. When no alternative exists and such infrastructure must cross or be located in Habitat Protection Areas, the developer shall demonstrate how impacts to habitats have been minimized and that no feasible alternative location of such infrastructure exists; d. All development activities which cross, or are located adjacent to, tributary streams in the Critical Area shall: (1) not be located in the Buffer but be designed in a manner to reduce increases in flood frequency and severity; (2) provided for the retention of natural streambed substrate; (3) minimized adverse impacts to water quality and stormwater runoff; and; (4) retain the existing tree canopy; 2. Development activities shall be located and designed to provide for the maintenance of the wildlife and plant habitats on the existing site and to maintain continuity with those on adjacent sites. When wildlife corridors exist or are proposed they shall include any existing Habitat Protection Areas and connect large forested areas on or adjacent to the site. 3. Forest and development woodlands, as defined by the Town Critical Area Program, shall be created or protected in accordance with the following: a. When no forest exists on the site, at least fifteen percent (15%) of the gross site area shall be afforested in accordance with a plan approved by the Bay Forester. The location of the afforested areas should be designed to reinforce protection to habitats on the site or to provide connections between forested areas when they are present on adjacent sites; b. When forests or developed woodland exist on the site and proposed development requires the cutting or clearing of trees, areas proposed for clearing shall be identified on the proposed development plan (the developer shall submit plans for development and areas to be cleared to the Maryland Forest, Park and Wildlife service for comments and recommendations and shall transmit the comments to the Planning Commission). A grading permit must be obtained prior to any clearing or cutting associated with proposed development and in addition, cutting or clearing which is associated with development shall be subject to the following limits and replacement conditions. (1) All forests cleared or developed shall be replaced on not less than an equal area basis on the site or on an alternative site approved by the Planning Commission as per Section 12.F.3.b.(7) below. When the development pad is strictly limited to the minimum required, and cleared areas are reforested to the extent possible a forest area shall continue to be considered a developed woodland and no replacement shall be required; (2) No more than twenty percent (20%) of the forested or developed woodland within the site proposed for development may be removed (except as provided for in the requirement below) and the remaining eighty percent (80%) shall be maintained as forest cover through the use of appropriate instruments (e.g., recorded restrictive covenants). Removal of forest or developed woodland cover in the Buffer is prohibited; (3) The clearing of forest or developed woodlands up to twenty percent (20%) shall be replaced on an area basis of one to one - a developer may propose clearing up to thirty percent (30%) of the forest or developed woodland on a site, but the trees removed in excess of twenty percent (20%) must be replaced at the rate of 1.5 times the area removed; (4) If more than thirty percent (30%) of the foest on a site is cleared, the forest is required to be replanted at three (3) times the total area extent of the cleared forest; (5) If the cutting of forests occurs before a grading permit is obtained, the forest is required to be replanted according to the above requirement; (6) Surety in the form of a letter of credit acceptable to the Town Attorney shall be provided in an amount suitable to assure forest replacement as required; and replacement shall be guaranteed for two growing seasons at which time the letter of credit shall be released; (7) The forests and developed woodlands required to be retained or created through afforestation shall be maintained through restrictive covenants, easements, or similar instruments in a form approved by the Town Attorney; c. Development or slopes greater than fifteen percent (15%) shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability; d. Except as otherwise provided in this subsection for stormwater run-off, man-made impervious surfaces are limited to fifteen percent (15%) of a parcel or lot. (1) If a parcel of lot one-half (1/2) acre or less in size was in residential use or zoned for residential purposes on or before December 1, 1985, then man-made impervious surfaces associated with that use are limited to twenty-five percent (25%) of the parcel or lot. (2) If a parcel or lot one-quarter (1/4) acre or less in size was in non-residential use on or before December 1, 1985, then man-made impervious surfaces with that development are limited to twenty-five percent (25%) of the parcel or lot. (3) If an individual lot one (1) acre or less in size is part of a subdivision approved after December 1, 1985, then man-made impervious surfaces of the lot may not exceed twenty-five percent (25%) of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed fifteen percent (15%). (4) This subsection does not apply to a trailer park that was in residential use on or before December 1, 1985. e. A minimum twenty-five (25) foot Buffer shall be maintained around all non-tidal wetlands as identified in the Rock Hall Critical Area Program where development activities or other activities which may disturb the wetlands or wildlife contained therein shall be prohibited unless it can be shown that these activities will not adversely affect the wetland; and (1) Appropriate structural measures to control shoreline erosion on sites proposed for development shall be constructed consistent with the policies established in the Shore Erosion Protection Section of the Rock Hall Critical Area Program; or (2) The development shall be set back behind the Buffer based on the annual shore erosion rate. To determine the setback, published data on annual erosion rates for the site must be used. (If two or more published rates are available, the highest rate must be used.) If published data are not available, either the annual rate is assumed to be two (2) feet per year or the developer shall do a technical study to determine the annual erosion rate. The setback shall be the annual erosion rate times twenty-five (25) years.
G. Woodland Reforestation and Afforestation Standards
1. Where reforestation or aforestation is required the following minimum standards shall be used within the Critical Area District: a. The replacement or establishment of forests or developed woodlands shall assure a diversified plant community, but may include other types of tree plantings where necessary to correct an existing soil stabilization problem. Diverse forest plantings shall include a canopy layer, and a shrub layer. b. For each acre of land where woodlands must be replaced or established, plantings shall consist of trees and/or wildlife shrub species spaced approximately at eight (8) foot intervals in rows eight (8) feet apart, or other suitable spacing as determined by the Bay Watershed Forester on a site-by-site basis, which result in a minimum of three-hundred (300) stems per acre after the first growing season. 2. Planting Plans, Letters of Credit and Inspections - Required planting plans shall be prepared and submitted with the site plan or preliminary and final subdivision plat. A planting plan shall be included as a required public improvement with site plans or subdivisions plats. The planting plan must demonstrate compliance with the minimum standards for reforestation and afforestation specified above. It is required that the planting plan shall be prepared by a professional registered forester, landscape architect, or an experienced landscape designer. The planting plan shall show a. The site plan, structure outlines (remaining and proposed), walls, fences, parking spaces, loading spaces, driveways, walks, storage areas, public rights-of-way, easements and the general location of structures and uses of abutting properties; (1) Existing and proposed grades; (2) Existing vegetative cover to be retained and the location, general size and type of such vegetation; (3) The methods for protecting plant materials after construction; (4) A plant schedule and plan listing plants to be used giving their botanical and common names, size at time of planting, and quality of each; (5) An indication of whether plants are balled and burlapped, container grown or bare root; and (6) An indication of the spacing and location of all proposed trees, shrubs and ground covers. 3. b. All planting should be done in the months of March and April of each year. For the first two (2) years steps should be taken to control competing vegetation. Technical assistance from the State's Bay Watershed Forester is highly recommended. 4. The planting plan shall be accompanied by an estimate of the installation cost for all afforestation and reforestation. Upon approval of the plan and cost estimate, the developer or owner shall enter into an agreement with the Town of Rock Hall to provide plantings as required. The agreement shall be in form and substance as approved by the Town and shall be accompanied by a letter of credit executed by the owner or developer in the amount of one hundred and twenty percent (120%) of proposed plant materials, labor and maintenance costs. a. If all afforestation or reforestation is not completed within two (2) years after the first spring planting date following recordation, or if the requirements set forth in the approved planting plan are not met, the letter of credit shall be forfeited and payment in full to the Town shall be ordered. The funds so received, shall be used by the Town to defray the cost of providing the approved Buffer afforestation or reforestation for the site. b. If the foregoing costs exceed the amount of the letter of credit, the excess shall be a continuing obligation of the property owner. c. All letters of credit shall be in a form acceptable to and approved by the Mayor and Council. d. All security posted will be held for a period two (2) years after installation of the planting, to assure the proper maintenance and growth. Failure to maintain or replace the dead portions of the planting shall result in a forfeiture of the surety posted to the extent necessary to replace the dead plant materials. e. The Mayor and Council or their designee may from time to time release those portions of the surety which may be appropriate. f. Where existing vegetation is to be used to meet the requirements contained herein, the surety requirement may be modified appropriately. However, to the extent that existing vegetation is or will be inadequate to meet the standards set herein, a planting plan meeting all of the requirements herein must be submtted. 5. All plantings shall be inspected by the Town or the Bay Watershed Forester upon notification by the developer or owner and shall be approved according to the following standards: a. The planting shall adhere to the approved plan. Substitutions or revisions may be made with the approval of the Bay Watershed Forester or the Planning Commission. b. All plants shall be protected from vehicular encroachment by wheelstops, curbs or other barriers unless distance provides adequate protection. c. No planting shall result in vegetative growth exceeding thirty-six (36) inches in height, within thirty (30) feet of any street intersection or otherwise obstruct sight-lines.
H. Special Provisions for Water-Dependent Facilities
1. All applications for development of Commercial Marinas or other water-related uses in the Critical Area must include the following information: a. Water depth contours shown at two (2) foot intervals at mean low water taken by sounding (unless otherwise specified by the Town Planning Commission). b. Existing and proposed regraded surface of the land. c. Location of natural features and the drainage area of all non-tidal wetlands. d. Land within the 100-year floodplain. e. Location of all existing and proposed structures. f. Location of all existing or proposed site improvements including storm culverts, retaining walls and fences. g. Description, method and location of water supply and sewrage disposal facilities. h. Mean high and mean low water line. i. All existing and proposed piers, buoys, launching ramps, shore protection structures. j. Location and dimensions of all areas to be dredged including present and proposed depths. k. Volume of dredge spoil to be removed, type of material, location and dimensions of disposal area(s) including dikes. l. Location of all existing and proposed land-based structures on the site and a description of uses and activities to be conducted in each. m. Location and dimensions of all boat launching ramps. n. Location and dimensions of all boat slips and mooring buoys. o. Location of fuel dock and gasoline storage tanks. p. Location of all required buffer/yards/structure restriction lines. 2. Applications for water-dependent use shall be accompanied by an environmental assessment report which indicates how the proposed project achieves the following criteria: a. That the activities will not significantly alter existing water circulation patterns or salinity regimes; b. That the water body upon which these activities are proposed has adequate flushing characteristics at the site; c. That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized; d. That adverse impacts to water quality that may occur as a result of these activities, such as non-point source run-off, sewerage discharge from land activities or vessels or from boat cleaning and maintenance operations is minimized; e. That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting; f. That dredging shall be conducted in a manner, and using a method, which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area. g. That dredged spoil, except for clean sand for beach nourishment, will not be placed within the Buffer or elsewhere in that portion of the Critical Area which has been designated as a Habitat Protection Area; h. That interference with the natural transport of sand will be minimized; and i. That no disturbances will occur to aquatic areas of historic waterfowl staging and concentration areas.
I. Special Buffer Requirements
The following special yard requirements shall apply within the Critical Area Overlay District ("O"):
1. Except as provided for water-dependent facilities in Section 12.D., new development activities, including structures, roads, parking areas, impervious surfaces, and septic systems are not permitted in the Buffer. 2. The Buffer shall be expanded to include contiguous sensitive areas on the parcel whose development or disturbance may impact streams, wetlands, or other aquatic environments. This expansion will occur whenever new land development or other land disturbing activities, such as clearing natural vegetation for agriculture or mining, are proposed. The expanded Buffer must be shown on plans required for such development. Sensitive areas have the following features: 1) Hydric soils and soils with hydric properties as designated by the Soil Conservation Service; 2) High erodable soils with a K value greater than 35; and 3) Steep slopes greater than fifteen percent (15%). The Buffer shall be expanded according to the following rules:
a. When the site of the proposed land disturbance drains to a slope greater than fifteen percent (15%) or to the top of the slope, whichever is greater, but in no case more than ten (10) feet beyond the top of the slope greater than fifteen percent (15%). b. Buffer shall be expanded to the upland limit of adjacent hydric soils, soils with hydric properties, and eroible soils, within the Critical Area whichever is less. The Buffer will be expanded to include those soils lying in the drainage area between the proposed land disturbance and the Buffer.
J. Buffer Exemption Area Provisions
The following special provisions apply in the Buffer Exemption Areas in the IDA, LDA, or RCA.
1. Permitted Uses: a. New development or redevelopment consistent with the provisions of Section 12 of this Article provided that the Development and Redevelopment Rules and Offsetting Requirements set forth below are observed. b. Shore Erosion Protection Measures provided that such measures are consisten with the Town's shore erosion protection policies and provided that the measure has obtained all applicable State and federal permits. c. No cutting or clearing of trees or natural vegetation is permitted in the Buffer except that limited cutting or clearing of trees under an approved Forest Management Plan for the follow purposes only: (1) For personal use providing that Buffer functions are not impaired and trees cut are replaced. (2) To prevent trees from falling and blocking streams, causing damage to dwellings or other structures, or resulting in accelerated erosion of the shore or stream-bank; (3) In conjunction with horticultural practices used to maintain the health of individual trees. (4) To provide access to private piers; (5) To install or construct an approved shore erosion protection device or measure; (6) To protect trees from extensive pest or disease infestation; or (7) To permit the development or redevelopment allowed above to be constructed or installed. 2. Prohibited Uses: a. Water polluting activities including, but not limited to, storage of vehicles, fuel or chemicals. 3. Development and Redevelopment Rules: a. Existing Structures - The expansion or redevelopment of existing structures in the Buffer Exemption Area may not increase impervious surfaces shoreward of the existing structure and shall not result in greater than a twenty-five percent (25%) increase in the total site area in impervious surfaces, as described below. b. Removal of Existing Structures - when a structure within the Buffer Exemption Area is removed or destroyed, it may be replaced, insofar as possible, no closer than one hundred (100) feet from the edge of tidal waters, tidal wetlands or tributary streams. In such cases where a setback line exists as defined by structures on adjacent lots or parcels, the structure may not be replaced shoreward of that line. Any impervious surfaces created greater in extent to pre-existing impervious surfaces within the Buffer Exemption Area shall be offset as described below. c. New Development - New development in the Buffer Exemption Area shall minimize the shoreward extent of impervious surfaces insofar as possible taking into consideration existing Town yard setback requirements and other such factors. In no case may such impervious surfaces be extended shoreward of any setback line as defined by existing structures on adjacent lots or parcels. d. Offsetting Requirements: New development or redevelopment in the Buffer Exemption Area which causes impervious surfaces as described above shall be required to offset for such development as follows: (1) The extent of the lot or parcel shoreward of the new development or redevelopment shall be required to remain, or shall be established and maintained, in natural and native vegetation; and (2) Natural and native vegetation of an area twice the extent of the impervious surface created in the Buffer Exemption Area shall be planted in a Buffer Exemption offset Area or other location as may be determined by the Town. The Town may collect fees in lieu of such planting.
Section 12. GA GROWTH ALLOCATION DISTRICT
The GA Growth Allocation District is not mapped but is hereby designated for use within the Critical Area District on lands classified as Resource Conservation Areas (RCA) and/or Limited Development Areas (LDA). The purpose of the GA District is to designate areas of the Critical Area District where the Mayor and Council have approved a change in the current land management classification on specific sites and for specific development projects so that they may be developed to the extent permitted by this ordinance and the new land use management classification. Only specific development projects, the site plan or preliminary subdivision plat for which has been approved by the Planning Commission, shall be approved for the GA Growth Allocation District classification and thereby receive Critical Area Growth Allocation. A. Location Criteria The granting of the GA Growth Allocation District classification shall be consistent with the Town of Rock Hall Critical Area Program. When approving the GA Growth Allocation District the Mayor and Council shall use the following guidelines to determine if the location of the proposed land management classification under the GA District classification is consistent with the Town of Rock Hall Critical Area Program: 1. New IDA will be located in existing LDA or adjacent to existing IDA; 2. New LDA will be located adjacent to existing LDA or IDA; 3. To the extent possible no more than half of the growth allocated will be located in RCA adjacent to LDA or IDA; 4. If the Town is unable to utilize any portion of the Growth Allocation within or adjacent to existing IDA or LDA, that portion of the Growth Allocation which cannot be so sited may be located in the RCA; 5. New IDA and LDA will be located in order to minimize impacts to Habitat Protection Areas and in a manner that optimize benefits to water quality; 6. New IDA or LDA located in the RCA will conform to all criteria of the Town of Rock Hall Critical Area Program for such areas; and 7. When Growth Allocation is permitted in RCA not adjacent to IDA or LDA the developer will be required to cluster the development and provide for resource enhancement in the design of such development.
B. Conditions of Approval 1. Projects approved for the GA Growth Allocation District shall be substantially completed within three (3) years of the date of approval. If after three (3) years the project is not completed, the GA Growth Allocation Floating Zone District classification shall be withdrawn. 2. The Planning Commission shall determine whether a project is substantially completed or not. Substantially completed projects are defined as projects in which all public improvements, such as roads, community or shared sewer and/or water facilities, etc., have been built, as required by the Town or State and the lots or units are being actively marketed. 3. The development of a proposed project must demonstrate that the following design standards will be met or exceeded in order to be approved: a. All applicable requirements of the Town of Rock Hall Critical Area Program, the Zoning Ordinance and the Subdivision regulations. b. Limit the area of disturbance for non-residential development to no more than sixty percent (60%) of the total site area. c. The design of the development enhances the water quality and resource and habitat values of the area, e.g., results in additional planting of forest cover in the Buffer or implementation of Best Management Practices on portions of the site to be retained in agriculture use. d. The development incorporates the comments and recommendations of the Town and the Maryland Forest, Park and Wildlife Service in the project design. e. The developer executes restrictive covenants that guarantee maintenance of the required open space areas.
C. Computing the Use of the Growth Allocation
1. The manner in which growth allocation for a proposed project will be subtracted from the total Town growth allocation will be based on the area of disturbance. 2. Disturbed areas are defined as those portions of the development site which either do not remain in natural vegetative cover or are not revegetated after the development is completed. 3. In order to determine the area of disturbance, the Town will compute the total area of structure coverage and other impervious surfaces. The total of these computations will be subtracted from the Town growth allocation.
D. Process
The Town's Growth Allocation will be used on a project-by-project basis to permit densities that are consistent with the Comprehensive Plan, the Critical Area Program, and the existing zoning when a specific development project is proposed. The following procedures will be followed in determining if a site qualifies for Growth Allocation.
1. Applicants for Growth Allocation will request that the Mayor and Council assign Growth Allocation to their project site. 2. All applications for the Growth Allocation District Classification shall be accompanied by a project site plan, or subdivision plat prepared as per the requirements of the Town of Rock Hall Zoning Ordinance or Subdivision Regulations. 3. The Town staff will review concept, sketch, or comprehensive development plans submitted for consistency with the Critical Area Program and will provide technical comments and recommendations to the applicant prior to submission of preliminary site plans or plats. Permitted development density or intensity will be determined at this time, subject to the applicant obtaining approvals from local, State and Federal authorities for such things as sewer, water, access, dredging permits, and forest management plans. 4. After the applicant has incorporated the staff's recommendations and obtained all necessary approvals, a preliminary site plan or subdivision plat may be submitted for growth allocation. 5. Before being considered for Growth Allocation by the Mayor and Council all applicants will be required to obtain all local, State and Federal comments, recommendations, approvals and permits required. 6. Following the staff review of the revised submission, and after the applicant has addressed the recommendations of the staff's, the Growth Allocation application will be reviewed by the Town of Rock Hall Planning Commission. 7. A hearing to permit the public an opportunity to comment on the proposed use of the Town's growth allotment will be conducted by the Planning Commission prior to making a recommendation to the Mayor and Council. 8. Applications for Growth Allocation will be forwarded to the Critical Area Commission for approval after the Mayor and Council has made their recommendations. 9. A final public hearing on the application for Growth Allocation and so amending the Critical Area Program will be held by the Mayor and Council.
10. If the growth allocation is tentatively approved by the Mayor and Council, the application is forwarded to the Critical Areas Commission for action and/or approval. 11. In approving an application for Growth Allocation, the Mayor and Council may establish conditions of approval that are consistent with the intent of the Town's Critical Area Program. 12. Following approval by the Mayor and Council and the Critical Area Commission, the applicant may proceed to the preparation of the final site plan or subdivision plat. 13. Prior to approving the final site plan or subdivision plat, the Planning Commission will ensure that all conditions of approval are incorporated into the final plan, public works agreement, deed covenants, etc. 14. Final Subdivision Plats and Site Plans shall be processed as per the requirements of the Town of Rock Hall Zoning Ordinance and Subdivision Regulations.
E. Recording the GA Growth Allocation District 1. The Official Critical Area Map(s) will be amended to reflect the new "GA" District classification along with a notation of the new land management classification. 2. Successful projects granted the "GA" District classification will be submitted for final site plan or final subdivision approval as per the requirements of the Zoning and/or Subdivision Regulations and shall delineate the Growth Allocation District on the record plat or site plan. |
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| Town of Rock Hall | P.O. Box 367 | Rock Hall MD 21661 | PH: 410-639-7611 | FAX: 410-639-7298 | townclerk@rockhallmd.com |
