Zoning Code Article III

Districts And District Maps

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Section 1. Districts Established

To regulate and restrict the location and use of structures and land for trade, industry, residence and other purposes and to regulate and restrict the location, height, and size of structures hereafter erected or altered, the size of yards and other open spaces, and the density of population, the following zoning Districts are established:

Residential Districts

R-1 Low Density Residential District

R-2 Mixed Residential District

R-3 High Density Residential District

Business and Commercial Districts

C-1 Community Commercial District

C-2 Highway Commercial District

C-3 Town Center Commercial District

Commercial and Industrial Districts

MCI Mixed Commercial/Industrial District

MWD Maritime Water-Dependent District

Maritime Districts

MRec Maritime Recreational District

MC Maritime Commercial District

Special Critical Area Districts

O - Critical Area Overlay District

GA - Growth Allocation Floating Zone District

 

Section 2. Establishment of District Map

The District classification of the territory within the incorporated Town of Rock Hall shall be as shown on the map designated as the "Zoning District Map, Rock Hall, Maryland," dated, signed by the Mayor and attested by the Town Clerk upon adoption. This Zoning District Map and all notations, dimensions, references and symbols shown thereon pertaining to such Districts shall be as much a part of this Ordinance as if fully described herein and shall be filed as part of this Ordinance by the Town Clerk. Said map shall be available for public inspection in the office of the Town Clerk. Said map shall be marked "Original copy, not to be altered or removed from the office of the Town Clerk except on court supoena." This map, together with subsequent applicable amendments, shall be conclusive as to the current zoning status of land.

 

Section 3. Copies of Map; Annual Revision.

A. No later than March 31 of the year following the adoption of this Ordinance, prints of the Zoning District Map, clearly showing the zoning District boundaries and zoning District names and designations for the incorporated Town of Rock Hall, shall be made available to the public. In each calendar year thereafter, if there have been any changes in the zoning District boundaries or District classifications during the preceding calendar year, such map shall be revised no later than March 31, reflecting all such changes as of December 31 of the preceding year.

B. A copy of the District Map may be obtained at the Town Office. These maps shall be revised, as described above, to show changes in zoning District boundaries as officially approved.

C. Drafting errors or omissions may be corrected, but no changes in zoning District boundaries may be made except to show amendments properly adopted by the Mayor and Council.

 

Section 4. Periodic Review of Regulations.

At least every six (6) years, the Planning Commission shall review the zoning regulations and District Map for consistency with the Comprehensive Plan, deficiencies or difficulties in administration, or for any other reason the Commission may determine.

 

Section 5. Interpretation of Boundaries.

Where uncertainties exist with respect to the District boundary, the following applies:

A. Where a boundary is given a position within a street, alley, or easement, the boundary shall be deemed to be the center of the right-of-way or the street, alley, or easement.

B. If the actual location of a street, alley, or easement varies from the location shown on the map, the actual location shall control.

C. Where a boundary is shown as being located a specific distance from a street or other physical features, this distance shall control.

D. Where the District boundary approximately coincides with lot lines, the lot line shall be construed to be the District boundary unless otherwise indicated.

E. Where District boundaries do not coincide with lot lines and streets, and where no dimensions are shown, the location of the boundary shall be determined by use of the scale shown on the Map.

 

Section 6. Underwater Areas.

All areas within the limits of the incorporated Town of Rock Hall which are underwater are considered to be within a zoning District and controlled by applicable District regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the Town boundary or by a straight line projection of the District boundaries as indicated on the Zoning District Map. Straight line District boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other, a designated channel, or with the Town boundary.

 

Section 7. Official Critical Area Overlay District Maps.

Official Critical Area Overlay District Maps shall be prepared and maintained in force as part of extent of the Critical Area Overlay District ("O") that shall correspond to the Chesapeake Bay Critical Area.

A. The Critical Area Overlay District shall include all lands and waters defined in Section 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:

1. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland; and

2. All lands and water areas within one thousand (1,000) feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland; and

3. Modification of these areas through inclusion or exclusions proposed by the Town of Rock Hall and approved by the Commission as specified in Section 8-1807 of the Natural Resources Article, Annotated Code of Maryland.

 

B. Within the designated Critical Area all land shall be assigned one of the following land use management classifications:

1. Intensely Developed Area (IDA)

2. Limited Development Area (LDA)

3. Resource Conservation Area (RCA)

 

The land use management classification shall be as designated in the Town of Rock Hall Critical Area Program, as amended. The Critical Area Overlay District Maps may be amended by the Mayor and Council in compliance with amendment provisions in this ordinance, the Maryland Critical Area Law, and Critical Area Criteria.

 

Section 8. Changing the Official Critical Areas Overlay District Maps

The Mayor and Council may elect to adjust the Critical Area Boundary to delete areas of the Town from the Critical Area District. The Mayor and Council may also elect to add areas to the Critical Area. Any adjustments or changes shall be treated as amendments to the Critical Area Overlay District ("O") on the Official Critical Area Overlay District Map for the Town of Rock Hall and may be approved only after review and approval by the Critical Area Commission. Procedures and requirements for amending the Critical Area District Maps are as set forth in Article XI.

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