[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 11-3-2009 as Subtitle III of Title 1 of Bill No. 09-1. Amendments
noted where applicable.]
(a)
Purpose and intent. It is
the intent hereof to provide for the preservation of structures and
places in the County which have historic value, together with their
appurtenances and environmental settings, in order to:
(1)
Safeguard the heritage of the County by preserving
the districts therein which reflect elements of its cultural, social,
economic, political or architectural history.
(2)
Stabilize and improve property values within such
districts.
(3)
Foster civic beauty.
(4)
Strengthen the local economy.
(5)
Promote the use and preservation of Historic Districts
for the education, welfare and pleasure of the residents of the County.
(b)
Power to establish district. For the purposes of this section, the County Commissioners may establish,
change, lay out and define districts which are deemed to be of historic
or architectural value, following the procedures which are set forth
in this Title for the reclassification of zoning. Such districts may
include structures, lots and tracts of land, as well as portions thereof.
(c)
Provisions in addition to other district
provisions. The provisions of this section are in addition
to the provisions of this Title regarding other districts. In all
cases of conflicting requirements, the provision which represents
the greater restriction or higher standard shall govern.
(d)
Power to establish Historic District
Commission. The County Commissioners may create a commission
to be called the "Historic District Commission." The Historic District
Commission shall have a membership of seven persons, all of whom are
qualified by special interest, knowledge or training in such fields
as history, architecture, preservation or urban design and agree to
serve on this Commission and all of whom are residents of the County.
The members may serve with compensation and shall be appointed for
terms of three years, except that, in making the initial appointments,
two shall be for one year, two shall be for two years, and three shall
be for three years. Members of the Historic District Commission shall
be eligible for reappointment. Any vacancy on the Historic District
Commission shall be filled by the County Commissioners for the unexpired
term of the particular position. The County Commissioners may consult
private societies or agencies to request the names of possible members
of the Historic District Commission. The Historic District Commission
shall have the right to accept and use grants and gifts from whatever
source for the exercise of its functions.
(e)
Architectural easements. The Historic District Commission may purchase architectural easements
in connection with structures located in or adjacent to any Historic
District. Such easement shall grant to the Historic District Commission,
the residents of the Historic District and the general public the
perpetual right to have the exterior appearance of any structure upon
which it is applied retained in substantially the same character as
when the easement took effect or to facilitate the restoration, if
necessary, of the exterior appearance of the structure to a character
which is compatible with the architectural period or with its surroundings.
(f)
Application for permission to build,
alter, etc. Before the construction, alteration, reconstruction,
moving or demolition of any structure is made within the HP District,
if any changes are involved which would affect the exterior appearance
of a structure visible or intended to be visible from an adjacent
public road in the district, the person proposing to make the construction
or change shall file with the Historic District Commission an application
for permission to build, alter, reconstruct, move, demolish or make
the addition. Every such application shall be referred to and considered
by the Historic District Commission and accepted or rejected by such
Commission. No building permit for any such change shall be granted
until the Historic District Commission has acted thereon as hereinafter
provided. Applicants shall submit the following data with the application
for final review:
(1)
Every application for review involving alterations
and/or additions to existing structures in the Historic District shall
be accompanied by drawings signed by the preparer and submitted in
triplicate for the proposed alterations, additions or changes and
for new construction of buildings or property use. As used herein,
"drawings" shall mean plans and exterior views drawn to scale with
sufficient detail to show, as far as they relate to exterior appearances,
the architectural design of buildings, including samples of materials
or color samples and the plot plan or site layout, including all improvements
affecting appearances, such as walls, walks, terraces, plantings,
accessory buildings, signs, lights and other elements. Such documents
shall be filed with the Department, which shall cause such documents
to be made available to the Historic District Commission.
(2)
In the case of application for the demolition of
a structure within the Historic District, the applicant shall submit
legible photographs of all sides of the building under consideration
and photographs showing contiguous properties.
(3)
In the case of application to repair, alter or
make additions to a structure within the Historic District, the application
shall be accompanied by legible photographs of all sides of the structure.
(4)
In the case of application to construct a new building
situated within the Historic District, the application shall be accompanied
by legible photographs of the adjoining properties.
(g)
Factors for consideration in reviewing
plans for construction or change. In reviewing plans for
any such construction or change, the Historic District Commission
shall give consideration to:
(1)
The historic or architectural value and significance
of the structure and its relationship to the historic value of the
surrounding area.
(2)
The relationship of the exterior architectural
features of the structure to the remainder of the structure and to
the surrounding area.
(3)
The general compatibility of the exterior design,
arrangement, texture and materials proposed to be used.
(4)
Any other factors, including aesthetic factors,
which the Historic District Commission deems to be pertinent.
(h)
Only exterior features to be considered. The Historic District Commission shall consider only exterior features of a structure and shall not consider any interior arrangements. Also, the Historic District Commission shall not disapprove an application except with respect to the several factors specified in Subsection (g) hereof.
(i)
Strictness and leniency in judgment
of plans; limiting architectural style to one period. The
Historic District Commission shall be strict in its judgment of plans
for those structures deemed to be valuable according to studies performed
for districts of historic or architectural value. The Historic District
Commission shall be lenient in its judgment of plans for structures
of little historic value or of plans involving new construction, unless
such plans would seriously impair the historic or architectural value
of structures of the surrounding area. The Historic District Commission
is not required to limit new construction, alteration or repairs to
the architectural style of any one period; however, the proposed architectural
style must be generally compatible with the surrounding area.
(j)
Application for reconstruction, alteration,
etc., of unusual importance. Application shall be made to the Historic District Commission for permission to undertake any proposed reconstruction or alteration affecting the exterior appearance of a structure or for the moving or demolition of a structure if it has been designated as of unusual historic or architectural value under the provisions of Subsection (b) hereof. Unless the Historic District Commission is satisfied that the proposed work or changes will not materially impair the historic or architectural value of the structure, the Historic District Commission shall reject the application, filing a copy of its rejection with the Planning Commission. The application shall not be renewed in less than one year from the date of such rejection. Prior to any such rejection, the Historic District Commission shall attempt, with the owner of the structure, to formulate an economically feasible plan for its preservation. Should the Historic District Commission conclude that no economically feasible plan can be formulated, it shall have ninety days from the time it so concludes to negotiate further with the owner and other parties in an effort to find a means of preserving the building or structure.
(k)
Approval under certain circumstances. In the case of a structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Historic District Commission may approve the proposed reconstruction, demolition or alteration, despite the fact that the changes come within the provisions of Subsection (i) hereof, if:
(1)
The structure is a deterrent to a major improvement
program which will be of substantial benefit to the County;
(2)
Retention of the structure would cause undue financial
hardship to the owner; or
(3)
Retention of the structure would not be in the
best interest of a majority of persons in the community.
(l)
Commission meetings to be public; right
to appear and be heard; records of Commission. All meetings
of the Historic District Commission shall be open to the public. Any
interested person or his representative is entitled to appear and
be heard by the Historic District Commission before it reaches a decision
on any matter. The Historic District Commission shall keep an open
record of its resolutions, proceedings and actions, which shall be
kept available for public inspection during reasonable business hours.
The Historic District Commission shall not reject the application
without first providing notice to the applicant of its intention to
do so and providing the applicant the opportunity to appear before
the Historic District Commission and be heard.
(m)
Certificate of approval, modification
or rejection of application and plans. The Historic District
Commission shall file with the Planning Commission a certificate of
its approval, modification or rejection of all applications and plans
submitted to it for review. Work shall not be commenced on any such
project until such a certificate of approval has been filed, and no
building permit for such change or construction shall be issued unless
and until such a certificate of approval has been received. The failure
of the Historic District Commission to act upon a pending application
within forty-five days from the date the application was filed shall
be deemed to constitute automatic approval of the proposed change
unless an extension of this forty-five-day period is agreed upon mutually
by the applicant and the Historic District Commission.
(n)
Inspection of work after issuance of
permit. After a permit has been granted by the Department
in accordance with the procedures prescribed herein, the Department
shall, from time to time, inspect, in the field, the construction,
reconstruction, alteration, maintenance or repair so authorized and
shall take such action as is necessary to assure compliance with the
approved application.
(o)
Ordinary maintenance not affected; completion
of work under prior permit. Nothing in this section shall
be taken or construed to prevent work and repairs on any structure
coming under the heading of ordinary maintenance. Nothing in this
section shall affect the right to complete any work covered by a permit
issued prior to the date upon which such Historic Districts may be
established.
(a)
Purpose and intent. This
district is intended to preserve and protect the safe and efficient
use of airspace in the vicinity of the County and municipal airports
of Worcester County. This district identifies appropriate standards
for determining obstructions in navigable airspace and prohibits uses
which may be hazardous to air navigation.
(b)
Provisions in addition to other district
provisions. The provisions of this section are in addition
to the provisions of this Title regarding other districts. In all
cases of conflicting requirements, the provision which represents
the greater restriction or higher standard shall govern.
(c)
Delineation. This district
is established as those areas beneath the approach, conical, horizontal,
primary and transitional surfaces as established in Title 14 of the
Code of Federal Regulations, Subchapter E -- Airspace, Part 77 --
Objects Affecting Navigable Airspace, Section 77.25 -- Civil Airport
Imaginary Surfaces, as may from time to time be amended, and administered
by the Federal Aviation Administration.
(d)
Airport elevation and type of approach. In order to determine the imaginary surfaces for the civil airports
in Worcester County, the following information is given:
(1)
Airport elevation, Ocean City Municipal Airport:
Eleven feet above mean sea level.
(2)
Type of approach, Ocean City Municipal Airport:
A.
Runway 02: nonprecision instrument approach utility
runway.
B.
Runway 20: visual approach utility runway.
C.
Runway 02/20: nonprecision instrument approach utility
runway.
D.
Runway 14: nonprecision instrument approach runway
with visibility minimums greater than three-fourths of a mile.
E.
Runway 32: visual approach runway (larger than utility).
F.
Runway 14/32: nonprecision instrument approach runway
with visibility minimums greater than three-fourths of a mile.
(e)
Prohibited uses. Except
as otherwise provided in this Title, the following are prohibited
uses in the AP Airport Protection District:
(1)
Overhead high-power transmission lines in excess
of sixty-nine kilovolts.
(2)
Manufacturing establishments or other uses if they
produce smoke which could interfere with the use of the airport.
(3)
Rifle ranges and private landing fields which could
interfere with the health, safety and general welfare of the public
in the use of the airport.
(4)
All businesses or structures of every kind which
emit or discharge smoke, gases and odors that would or may interfere
with the health, safety and general welfare of the public in the use
of the airport.
(5)
Any use which would create electrical interference
with radio communication between the airport and aircraft, make it
difficult for flyers to distinguish between airport lights and other
lights, result in glare in the eyes of flyers using the airport, impair
visibility in the vicinity of the airport or otherwise endanger the
landing, taking off or maneuvering of aircraft.
(f)
Height regulations. The
following height regulations shall apply to the AP District: Notwithstanding
any other provisions of this Title, no building, structure, tree or
any object of natural growth shall be erected, altered, allowed to
grow or maintained to a height which would penetrate the approach,
horizontal, transitional or conical surfaces as referenced herein.
(a)
Purpose and intent. This
district is intended to provide for areas of adequate size in appropriate
locations for the development of municipal or County airports, and
other permitted uses, by or with the approval of the County or municipal
governing body. It is the purpose of this district to recognize the
municipal or County airports as commercial operations and land uses,
to protect the users of the airports and to prevent any unreasonable
limitation or impairment of the use and expansion of the airports
and the public investment therein.
[Amended 3-15-2016 by
Bill No. 16-1]
(b)
Location and area requirements. The CA Commercial Airport District is hereby established as a floating
zone and may be permitted in accordance with the provisions hereof,
upon review of the Planning Commission and approval by the County
Commissioners, in the A-1, A-2, I-1 and I-2 Districts. Land zoned
RP District which is within the boundaries of the property subjected
to a CA District may be included within the CA District boundaries.
The minimum required land area shall be fifty acres, exclusive of
any lands zoned RP District. In siting new CA Districts, consideration
shall be given to the surrounding land uses and conditions may be
placed on the approval in order to better provide for the safety of
the neighboring residents.
(c)
Permitted principal uses and structures. The following principal uses and structures shall be permitted in
the CA Commercial Airport District:
(1)
Municipal or County airports, including runways,
taxiways, aircraft parking areas, hangars, terminals and support buildings.
(2)
Buildings and structures necessary for communications,
navigation or the collection and dissemination of weather and other
flight information.
(3)
Restaurants, lounges and gift shops incidental
and subordinate to the operation of the airport and intended primarily
for the use and enjoyment of airport patrons.
(4)
General offices.
(5)
General warehousing and storage.
(6)
Signs (except billboards), including all types
and classifications of signs as defined and regulated in § ZS 1-324
hereof.
(7)
Commercial marine yards, including fueling, boat
launching and recovery, interior and exterior dry storage of seaworthy
boats in operable condition, maintenance facilities for all types
of hull, deck, interior and exterior repairs, painting, and boat construction.
[Amended 3-15-2016 by
Bill No. 16-1]
(8)
Governmental and other public buildings, structures
and uses of a public-service type but not including recreational facilities
such as tennis courts, swimming pools, parks, playgrounds, golf courses,
including driving ranges, and other similar activities.
[Amended 3-15-2016 by
Bill No. 16-1]
(d)
Special exceptions. The
following principal uses and structures may be permitted by special
exception in the CA Commercial Airport District in accordance with
the provisions of § ZS 1-116(c) hereof:
(1)
Any use or structure which is determined by the
Board of Zoning Appeals to be of the same general character as an
above-permitted use and compatible with the general character and
intent of the CA Commercial Airport District.
(e)
Accessory uses and structures. The following accessory uses and structures shall be permitted in
the CA Commercial Airport District:
(1)
One accessory apartment for persons primarily engaged
on the premises, subject to the provisions of § ZS 1-338
hereof.
(2)
Temporary buildings and structures, subject to
the provisions of § ZS 1-334 hereof.
(3)
Generally, accessory structures and uses customarily
associated with and directly incidental to the permitted principal
uses and structures.
(f)
Additional provisions. The
following additional provisions shall apply to all uses and structures
in the CA Commercial Airport District:
(g)
Other regulations.
(1)
All airports and facilities shall be designed,
constructed, maintained and utilized so that they shall comply with
all federal and state regulations pertaining to such operations, and
the same shall be utilized in accordance therewith.
(2)
The uses and structures permitted in the CA Commercial
Airport District shall be subject to the applicable regulations contained
in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary
Districts and District Regulations, of this Title.
(h)
Lot, road and parking requirements. For individual structures, there shall be no minimum lot area, setback,
bulk, lot width, road frontage, landscaping or buffering requirements.
Such standards shall be as approved by the Planning Commission in
approving the site plan under the provisions of § ZS 1-325
hereof. No structure or group of structures shall be erected within
ten feet of any other structure or group of structures. All roads,
parking areas and access points shall meet County standards.
(i)
Review and approval procedure. Review and approval of the CA Commercial Airport District designation
shall be as follows:
(1)
Step I: Concept plan and district designation.
In this step the applicant shall submit adequate plans and other pertinent
documents sufficiently addressing the required elements for review
by the Technical Review Committee, Planning Commission and the County
Commissioners. Review and approval shall take place in three sequential
steps. Each step must be completed in its entirety, including the
obtaining of all necessary approvals, prior to initiating the next
step. The County Commissioners shall have the authority to either
approve or disapprove the concept development plan and the establishment
of the CA Commercial Airport District.
A.
The concept plan and application for district designation
shall include the following:
1.
A sketch plan at a readable scale. The submitted
plan shall show contours at five-foot intervals, except where the
average slope is less than three percent, in which case two-foot contours
are required, all existing natural and man-made features, existing
zoning, a vicinity map, and the Chesapeake or Atlantic Coastal Bays
Critical Area boundary and designation, if applicable.
2.
A preliminary determination of sensitive areas,
including but not limited to a preliminary delineation of any tidal
or nontidal wetlands, a delineation of the one-hundred-year floodplain,
and a forest stand delineation.
3.
A conceptual schematic plan generally identifying
the type, location, acreage, and proposed phasing, if any, of all
proposed land uses.
4.
A schematic plan generally identifying the zoning,
as well as the existing and any proposed land use for which approval
has been granted, for all properties within one mile of the boundaries
of the proposed CA District.
5.
A schematic plan generally identifying the proposed
drainage pattern and potential stormwater management and minimization
of impervious surfaces.
6.
A preliminary capacity and availability analysis
of water and wastewater facilities for projects proposed to be served
by existing public utilities or, where new facilities are proposed
to serve the project, a preliminary feasibility analysis of wastewater
disposal capabilities and potable water production.
7.
Such other information as the Technical Review Committee,
Planning Commission or County Commissioners may require.
8.
A written statement covering the considerations
listed under Subsection (i)(1)B hereof.
B.
The following items shall be considered in the reviews
by the Technical Review Committee, Planning Commission and County
Commissioners:
1.
The commercial airport's conformance with the goals,
objectives and recommendations of the Comprehensive Plan, compliance
with the zoning regulations and other established development policy
guidelines.
2.
The general location of the site, a description
of existing and anticipated land use in the immediate vicinity and
the commercial airport's compatibility with those land uses.
3.
The availability and adequacy of public facilities
and services to meet the needs of the commercial airport and the long-term
implications the project would have on subsequent local development
patterns and demand for public facilities and services.
4.
The relationship of the commercial airport's proposed
construction schedule, including any phasing, and the demand for and
timely provision of public facilities and services necessary to serve
the project.
5.
The relationship of the proposed method of wastewater
disposal and provision of potable water service with the goals, objectives
and recommendations of the Comprehensive Plan, Comprehensive Water
and Sewer Plan, and other established policy guidelines.
6.
The availability and suitability of vehicular access.
C.
The applicant shall meet first with the Technical
Review Committee, then with the Planning Commission and then with
the County Commissioners.
1.
The Technical Review Committee shall meet with the
applicant and shall review the applicant's submission. The Technical
Review Committee shall, subsequent to the meeting and review, identify
areas of concern and issues to be addressed by the Planning Commission.
It shall report its recommendations to the applicant and to the Planning
Commission. Its findings and recommendations shall be reduced to writing
in a report known as the "Technical Review Committee Report." The
Technical Review Committee may solicit other agency comments prior
to making its report and may require additional information, studies
or reports. The Technical Review Committee shall review the submission
and present its report within sixty days after receipt of the applicant's
submission and complete application.
2.
The Planning Commission shall meet with the applicant
to review the applicant's submission and review the Technical Review
Committee Report. Such meeting shall be open to the public. The Planning
Commission shall produce findings based on the items considered under
Subsection (i)(1)B hereof. The Planning Commission shall also produce
a recommendation to the County Commissioners as to approval or disapproval
of the CA Commercial Airport Floating District application, which
may address the areas identified in the Technical Review Committee
Report and such other areas of concern and such requirements as the
Planning Commission may deem necessary and appropriate to advise the
County Commissioners. The Planning Commission shall meet with the
applicant, review the Technical Review Committee Report and submit
its recommendation within sixty days after receipt of the Technical
Review Committee Report, unless it is determined that additional time
is needed to adequately review the submission.
3.
The County Commissioners shall consider the application
and recommendation and hold a public hearing. The hearing shall have
the same procedural formalities and notice requirements as a rezoning
(map amendment) hearing. The County Commissioners shall review the
Technical Review Committee Report and Planning Commission's recommendation
and shall, following the public hearing, approve or disapprove the
application and, if approved, establish the CA Commercial Airport
Floating Zone. Failure of the County Commissioners to reach a formal
decision to approve or disapprove the application within six months
of the public hearing shall constitute a denial of the application.
In granting an approval, the County Commissioners may impose conditions
which shall become a part of the approval regulating the CA Commercial
Airport District. In addition, the Commissioners may require independent
reports of consultants, at the expense of the applicant, prior to
approval. The County Commissioners shall review the Technical Review
Committee Report and Planning Commission's recommendation and hold
a public hearing within ninety days of receipt of the Planning Commission's
recommendation. Failure, however, to meet such time limits shall not
constitute an approval.
D.
The Department shall delineate and designate approved
CA Commercial Airport Districts on the Official County Zoning Maps
for informational and reference purposes.
E.
Step I approval by the County Commissioners shall
be considered a reclassification and subject to appeal as such.
(2)
Step II: Site plan review. Upon completion of Step
I, an applicant shall develop and submit to the Technical Review Committee
and the Planning Commission site plans for any or all portions of
the proposed development, in accordance with the provisions of § ZS 1-325
hereof and subject to any conditions specified in conjunction with
Step I approval. No grading permits, building permits or use of land
permits shall be issued by the Department prior to site plan approval
for such activity.
(a)
Purpose. The purpose of
this section is to provide for attractions and facilities which are
re-creations of historic, cultural or agricultural periods that would
be of interest to residents and tourists by utilizing the natural
rural setting, crafts, culture and history of Worcester County and
to provide for the establishment of such uses that will attract tourism
to the County without impacting negatively on the rural character
of the agricultural areas of the County.
(b)
Location and area requirements. The HCA Zone is hereby established as a floating zone and may be
permitted in accordance with the provisions hereof, upon recommendation
of the Planning Commission and approval by the County Commissioners,
in the A-1 and A-2 Agricultural Districts. Land zoned RP Resource
Protection District which is a part of the property subjected to an
HCA may be included within the HCA for the property. The required
land area shall be a minimum lot area of fifty acres. The ratio between
developed and undeveloped land shall be at least thirty acres of agricultural
fields or woodlands for each acre of land devoted to nonagricultural
attractions, structures, exhibits, commercial uses and transient residential
uses. Vehicular travelways, parking areas and wastewater disposal
areas shall not be considered as developed land for the purposes of
this section.
(c)
Permitted uses and structures. In the HCA Floating Zone, the following uses and structures are
permitted:
(1)
Private and commercial historic, cultural or agricultural
theme parks, recreation areas, villages or guest farms featuring attractions,
exhibits, buildings, demonstration workshops and apprenticeship schools
all being incidental to the operation of the park, area, village or
farm, and crafts and craft making of local historical, cultural or
agricultural interest, but not including mechanical or electronic
amusement rides or devices and subject to the following:
A.
The density and intensity of land use within the
HCA shall approximate those of the historical site or period sought
to be re-created by the theme park, village, farm or recreational
area.
B.
All interior roads and parking areas and all access
points to the public road system shall be reviewed and approved by
the County Commissioners in accordance with the approved HCA development
plan. Parking may be grouped and located in common areas and shall
be completely hidden from the park, adjoining properties and County
roads through the use of natural or man-made landscaping, which may
include a wall or fence, providing complete and total screening and
serving as a visual barrier.
C.
Overnight accommodations, such as guest cottages
and bed-and-breakfast inns, incidental to the park, area, village
or farm are permitted at the ratio of one guest unit per each ten
acres of total lot area.
D.
Restaurant facilities incidental to the park, area,
village or farm are permitted with seating capacity at the ratio of
one seat per each one acre of total lot area. Construction of restaurant
facilities will be directly proportional to the construction of the
developed area of the park.
(d)
Other regulations.
(1)
No manufactured homes shall be permitted in the
HCA except as otherwise permitted in the A-1 or A-2 Agricultural Districts.
(2)
There shall be no more than four dwelling units
on the site of the HCA, including that occupied by the landowner and
family.
(3)
There shall be no commercial sales within the HCA
other than products that were generally available for purchase locally
during the historical period represented by the theme park, area or
village, except that one building not exceeding one thousand square
feet in gross floor area may be utilized for sales of sundries, notions,
curios, film, souvenirs and similar items for the convenience of customers.
(4)
When a matter is not specifically regulated by
this section, then other provisions of this Title and of the A-1 and
A-2 Agricultural Districts shall apply.
(e)
Review and approval procedure. Review and approval of the HCA will take place in accordance with
the following:
(1)
The applicant shall submit adequate plans and other
pertinent documents sufficiently addressing the required elements
for review by the Technical Review Committee, Planning Commission
and the County Commissioners. The Planning Commission shall review
the proposal, make findings with regard to the criteria and then make
a recommendation to the County Commissioners as to approval or disapproval
of the HCA.
(2)
The following submission shall be made to the Department
at the time of application:
A.
A plat to scale of the area showing:
1.
A land use and development plan identifying natural
and man-made features, existing zoning, vicinity map, the Chesapeake
or Atlantic Coastal Bays Critical Area boundary and designation, if
applicable, and the type, location, acreage, quantity, design and
density of all land uses and structures for specific sections of the
project and the project in total.
2.
A preliminary determination of sensitive areas,
including but not limited to a preliminary delineation of any tidal
or nontidal wetlands, a delineation of the one-hundred-year floodplain,
a forest stand delineation, greenways, areas of critical habitat,
and proposed methods for protection of important environmental features.
3.
A drainage and stormwater management plan providing
for the control of drainage and runoff, both on the site and off the
site, created as a result of the development. The Planning Commission
may require contour or grading information at any interval to accurately
determine proper drainage and stormwater management both on and off
the site.
4.
A street and parking layout design plan, including
proposed construction standards. An adequate parking area, as determined
by the County Commissioners, with emphasis on remoteness, screening
and buffering shall be provided.
5.
A preliminary capacity and availability analysis
of water and wastewater facilities for projects proposed to be served
by existing public utilities or, where new facilities are proposed
to serve the project, a preliminary feasibility analysis of wastewater
disposal capabilities and potable water production.
6.
If applicable, a phasing plan for the construction
of the HCA, showing geographical coverage of future sections and their
approximate sequence of submission and construction.
7.
A written statement of intent for the project, outlining
the proposed park theme and including architectural renderings of
the types of proposed structures evidencing their representation of
and consistency with the historical site or period to be re-created
by the HCA.
8.
Such other information as the Technical Review Committee,
Planning Commission or County Commissioners may require.
B.
A written statement addressing the considerations
listed under the criteria in Subsection (e)(3) hereof.
(3)
The Technical Review Committee, Planning Commission
and the County Commissioners, in their respective reviews of the proposed
HCA, shall consider all of the following criteria to determine whether
the project should be approved or disapproved:
A.
The HCA's conformance with the goals, objectives
and recommendations of the Comprehensive Plan, compliance with the
zoning regulations and other established development policy guidelines.
B.
The general location of the site, a description
of existing and anticipated land use in the immediate vicinity and
the HCA's compatibility with those land uses and the HCA's impact
on the environment and the agricultural community.
C.
The availability and adequacy of public facilities
and services to meet the needs of the HCA and the long-term implications
the project would have on subsequent local development patterns and
demand for public facilities and services.
D.
The relationship of the proposed method of wastewater
disposal and provision of potable water service with the goals, objectives
and recommendations of the Comprehensive Plan, Comprehensive Water
and Sewer Plan, and other established policy guidelines.
E.
The capacity of the existing road network to provide
suitable vehicular access for the residential planned community, the
appropriateness of any existing or proposed improvements to the transportation
network, the adequacy of the pedestrian and bicycle circulation, and
the proposed means of connectivity of the project to surrounding residential,
commercial and recreational development and uses.
F.
The HCA's proposed construction schedule.
G.
The consistency of the activities to be conducted,
structures to be built and usage of the facility with the time period
and setting being portrayed, their compatibility with existing land
uses in the vicinity, and the preservation and promotion of agricultural
traditions.
(4)
The Technical Review Committee shall meet with
the applicants and shall review the HCA application. The Technical
Review Committee shall, subsequent to the meeting and review, identify
areas of concern and issues to be addressed by the Planning Commission.
It shall report its findings and recommendations to the applicants
and to the Planning Commission in writing in a report known as the
"Technical Review Committee Report." The Technical Review Committee
may solicit other agency comments prior to making its report and may
require additional information, studies or reports. The Technical
Review Committee shall review the submission and present its report
within ninety days after receipt of the applicant's submission of
a complete application, unless extended by the Planning Commission.
(5)
The Planning Commission shall then meet with the
applicant to review the submission and the Technical Review Committee
Report. The Planning Commission shall produce findings based on the
items considered under Subsection (e)(3)A through (e)(3)G hereof.
The Planning Commission shall also produce a recommendation to the
County Commissioners as to approval or disapproval of the HCA application,
which may address the areas identified in the Technical Review Committee
Report and such other areas of concern and such requirements as the
Planning Commission may deem necessary and appropriate to advise the
County Commissioners. The Planning Commission shall submit its recommendation
within ninety days after receipt of the Technical Review Committee
Report, unless extended by the County Commissioners.
(6)
The County Commissioners shall consider the application
and recommendation and hold a public hearing within ninety days of
receipt of the Planning Commission's recommendation, unless extended
by the County Commissioners. The hearing shall have the same procedural
formalities and notice requirements as a rezoning (map amendment)
hearing. The County Commissioners shall review the application, Technical
Review Committee Report and Planning Commission's recommendation and
shall, following the public hearing, approve or disapprove the application
and, if approved, establish the HCA floating zone. Failure of the
County Commissioners to reach a formal decision to approve or disapprove
the application within six months of the public hearing shall constitute
a denial of the application. In its review, the County Commissioners
may request changes or additional information as they may deem necessary.
The County Commissioners may attach conditions concurrent with approval
of the HCA. Approval of the HCA development plan by the County Commissioners
is conditional upon retention of the HCA development plan as approved
upon transfer of the property. Approval by the County Commissioners
of the establishment of the HCA floating zone shall be considered
a reclassification and subject to appeal as such.
(7)
Setbacks will be binding as shown on the approved
plan, and agricultural setbacks pursuant to § ZS 1-305(r)
hereof shall apply.
(8)
Amendments or changes to the approved HCA development
plan may not require an additional public hearing but shall require
the review and approval of both the Planning Commission and the County
Commissioners. Such plan amendments and additions will be signed and
retained in the same manner as the original development plan.
(a)
DENSITY, MAXIMUM
DENSITY, PROPOSED
LOT AREA
LOT AREA, BUILDABLE
LOT AREA, GROSS
LOT AREA, NET
LOT, CORNER
LOT, FRONT OF
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, THROUGH
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. For the purposes
of this Title, the following definitions shall apply:
The maximum number of dwelling units or manufactured homes
permitted per given unit of lot area as prescribed for residential
development in each zoning district. Maximum yield shall be computed
as the total net lot area multiplied by the maximum density permitted.
Computed as the total number of dwelling units or manufactured
homes proposed for the entire project divided by the total net lot
area of the project.
Refers to "net lot area" unless specifically stated otherwise.
That portion of the net lot area remaining for building purposes
once adjusted to subtract out the area of all easements, required
yard setbacks, septic disposal areas, private wetlands and nontidal
wetlands and their buffers. Every lot must have a buildable area of
not less than two thousand five hundred square feet of contiguous
area with usable access.
The gross area of a lot, parcel or other piece of land shall
be calculated as the area bounded by the property lines.
The net area of a lot, parcel or other piece of land shall
be calculated as the area bounded by the property lines, except that
the area of public and private rights-of-way and state wetlands and
the area of the strip connecting to the road in the case of a flag
lot shall not be included as part of the net lot area unless specifically
permitted for the structure or use involved. Easements other than
required road widening strips may be included in the lot area, and
private wetlands and easements may be included as part of any yard
setback unless otherwise prohibited.
A lot abutting two or more public or approved private roads
at their intersection or two parts of the same road and in either
case forming an interior angle of less than one hundred thirty-five
degrees. A corner lot shall provide a front yard along all property
lines abutting a public or approved private road. A corner lot need
not provide a rear yard but must provide side yards along all other
lot lines.
The side or sides of a lot which abut a public road, approved
private road, or right-of-way or, in the case of a rural cluster subdivision
or landlocked parcel, an access easement established to serve the
subdivision or landlocked parcel.
The property line running along the front of the lot, separating
it from the public road, approved private road, or right-of-way or
access easement established to serve a rural cluster subdivision.
The lot line or lines generally opposite or parallel to the
front lot line, except that, on a corner lot or a through lot, there
is not a rear lot line. If the rear lot line is less than ten feet
long or the lot comes to a point at the rear, such rear lot line is
assumed to be a line not less than ten feet long, lying wholly within
the lot, parallel to the front lot line or, in the case of a curved
front lot line, parallel to the chord of the arc of such curved front
lot line.
Any lot line other than a front lot line or rear lot line.
A lot, other than a corner lot, with frontage on more than
one public road and/or approved private road. A through lot shall
have a front yard abutting all roads. All other lot lines are considered
as side lot lines.
The area bounded by the front yard setback line, the front
lot line and the side lot lines.
The area bounded by the rear lot line, the rear yard setback
line and the side lot lines.
The area bounded by the front setback line, the rear yard
setback line, the side lot line and the side yard setback line. For
a corner lot, the side yard shall be the area bounded by the front
setback lines, the side lot lines and the side yard setback lines.
(b)
Determination of front yard setback
line. The front yard setback line shall be a line parallel
to the front lot line, intercepting opposite side lot lines, no point
of which lies closer to the front lot line than the required minimum
front yard setback. If the length of the front yard setback line does
not meet the minimum lot width requirements, the front yard setback
line shall be moved toward the rear of the lot until the lot width
requirement is met.
(1)
In any district, on any lot which fronts on a road
having a right-of-way less than fifty feet wide, all structures and
uses shall be located at a distance from the center line of such road
right-of-way not less than the depth of the front yard setback otherwise
required in the district plus twenty-five feet.
(2)
In any district, where a lot abuts an arterial
or collector highway as designated in § ZS 1-326 hereof,
the minimum front yard setback shall be as follows, except that, in
all cases of conflicting requirements, the provision which represents
the greater restriction or higher standard shall govern, unless specifically
stated otherwise:
(3)
For any lot abutting MD Route 589 or located within
the geographical parameters of the MD Route 589 Transportation Corridor
Planning Area, all yard setbacks shall be measured from the proposed
right-of-way as specified in the MD Route 589 Transportation Corridor
Plan and on the associated maps adopted by the County Commissioners
in accordance with the provisions of § ZS 1-118(b)(11)
hereof. No structure, well, or wastewater system shall be located
within the proposed right-of-way.
(4)
For any lot located within the geographical parameters
of the Northern U.S. Route 113 Transportation Corridor and Access
Control Area, all yard setbacks shall be measured from the proposed
right-of-way as specified in the Transportation Corridor and Access
Control Plan for U.S. Route 113 - Northern Segment and on the associated
maps adopted by the County Commissioners in accordance with the provisions
of § ZS 1-118(b)(11) hereof. No structure, well, or
wastewater system shall be located within the proposed right-of-way.
(5)
For any lot located within the geographical parameters
of the Central U.S. Route 113 Transportation Corridor and Access Control
Area, all yard setbacks shall be measured from the proposed right-of-way
as specified in the Transportation Corridor and Access Control Plan
for U.S. Route 113 - Central Segment and on the associated maps adopted
by the County Commissioners in accordance with the provisions of § ZS 1-118(b)(11)
hereof. No structure, well, or wastewater system shall be located
within the proposed right-of-way.
(c)
Determination of rear yard setback line. The rear yard setback line shall be a line parallel to the rear
lot line, intercepting opposite side lot lines, no point of which
lies closer to the rear lot line than the required minimum rear yard
setback.
(d)
Determination of side yard setback line. The side yard setback line shall be a line parallel to the side
lot line from which it sets back, no point of which lies closer to
such side lot line than the required minimum side yard setback. Any
yard that is not a front or rear yard shall be a side yard, and side
yard setbacks shall apply.
(e)
Determination of setback lines other
than front, side and rear yard. Setbacks or buffer strips
required by this Title, other than front, side and rear yard setbacks,
shall be measured as the shortest distance between the point or line
measured from any point on the use or structure subject to such setback
requirement.
(f)
Traffic visibility on corner lots. In any district, on any corner lot, no structure, fence, planting,
parking space, vehicle or other visual obstruction above forty-two
inches in height from the established street grade that would interfere
with traffic visibility across the corner shall be erected, permitted,
planted or maintained within thirty feet of the intersection of the
road right-of-way lines.
(g)
Measurement of lot width. Lot width shall be measured along the front yard setback line.
(h)
Requirement for and use of required
yard setbacks. Unless otherwise indicated, all lots shall
have front, side and rear yards.
(2)
No accessory building or structure or part thereof
and, when specified, no accessory use of land shall occupy any required
yard setback other than a rear yard, except:
A.
Temporary roadside stands, which shall be removed
at the end of the season.
B.
Freestanding signs in accordance with § ZS 1-324
hereof.
C.
Bus shelters for school bus passengers or clustered
mail box facilities serving residential developments may occupy any
otherwise required yard but shall be located a minimum of fifteen
feet from any road right-of-way.
D.
As provided in Subsections (j) and (m) hereof.
E.
As a variance granted by the Board in accordance
with the provisions of § ZS 1-116 hereof.
(i)
Lots used in combination. When two or more contiguous lots are in single ownership, they may
be considered as a single lot for purposes of calculating lot and
setback requirements, provided that a declaration of consolidation
is duly executed and recorded in the land records of Worcester County
to show that such lots may be transferred only as a unit unless authorized
by the Department.
(j)
Required yard not to be reduced. No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this Title, and if already less than the minimum required, such yard or open space shall not be further reduced, except by approval of the Board of Zoning Appeals in accordance with the provisions of § ZS 1-116 hereof. No part of a yard or other open space provided around any building, structure or use for the purposes of complying with the provisions of this Title shall be considered as part of a yard or other open space required under this Title for another building, structure or use, except in the case of unified developments and the extension of uses and structures into wetlands as provided in Subsection (m) hereof.
(k)
Yard setback modifications.
(1)
In any district, the following architectural features
may project into any required front yard or rear yard setback as hereinafter
set forth. Subject to the conditions specified, the following features
may project into any required side yard a distance not to exceed one-fifth
of the width of such required side yard:
A.
Cornices, eaves or other architectural features,
not walls, may project a distance not exceeding three feet.
B.
Fire escapes may project a distance not exceeding
six feet.
C.
An unenclosed landing not to exceed twenty-five
square feet with necessary stairs or ramp may project a distance not
to exceed six feet. Such features may be covered with a roof but not
enclosed except by railings.
D.
Bay windows, balconies, chimneys and small solar
energy systems or heating equipment may project a distance not to
exceed three feet, provided that such features do not occupy, in the
aggregate, more than one-third of the length of the wall on which
they are located.
[Amended 3-15-2011 by Bill No. 11-2]
E.
An unenclosed handicapped ramp not exceeding the
minimum standards to provide safe access as set forth in the current
Maryland Accessibility Code and the International Building Code, or
their successors, may project a distance not to exceed ten feet into
the required front yard setback. The handicapped ramp may project
any distance into the rear yard setback. However, in no event can
a handicapped ramp be closer than fifteen feet to the landward edge
of any pier, dock, bulkhead, rip-rap, etc. Such feature may be covered
with a roof but not enclosed except by railings.
(2)
In the case of townhomes and two-family dwellings
where units share a common property line, cornices, eaves, exterior
wall finishes or other related architectural features may project
a distance not to exceed two feet across the property line, provided
that appropriate easements or deed restrictions pertaining to such
encroachments are provided.
(3)
Fences and walls may be located in a required yard,
subject to the following:
A.
Fences and walls not exceeding four feet in height
above the elevation of the ground may be located in a front yard setback,
except agricultural fences, which may not exceed six feet in height,
and except as in accordance with the provisions of Subsection (f)
hereof.
B.
Fences and walls not exceeding six feet in height
above the elevation of the ground may be located in any rear yard
or side yard setback, except that, in the C, I and CM Districts, security
fences located in such yards may not exceed ten feet in height.
C.
In any district, the Planning Commission may require
as a condition of any approval or the Board of Zoning Appeals may
permit as a special exception the location of a fence or wall and
associated landscaping in accordance with § ZS 1-322
hereof in any required setback and to any height, provided that such
is reasonably necessary and will not adversely affect the use, enjoyment
or value of surrounding property.
(l)
Minimum lot area and lot width requirements
for lots with private well and/or septic. In any district
where central water but not central sewerage, where central sewerage
but not central water or where neither central water nor central sewerage
systems are provided, the district's specified lot area and lot width
requirements, where less than the following, shall be increased as
follows:
(m)
Extension of uses and structures to
wetlands boundary line and beyond. In any district, the
Board of Zoning Appeals may permit as a special exception principal
or accessory uses and structures to be located up to the wetlands
boundary line and over adjacent wetlands or water areas (including
otherwise required yard setbacks) where it is demonstrated that such
uses or structures are reasonably necessary to the function of the
uses and structures on the abutting fastland. Such uses and structures
shall be limited to permitted special exceptions and accessory uses
and structures specified for the district in which the abutting fastland
is located.
(n)
Structures permitted above height limit.
(1)
The Board of Zoning Appeals may, as a special exception
in the case of a nonresidential structure, increase the permitted
height or number of stories to the maximum prescribed in each district
if, in the view of the Board, such increase is reasonably necessary
for the proposed purpose and no neighborhood adverse effects or safety
hazards will be created. In the case of structures other than buildings,
such as radio towers, which, by the nature of the structures and their
function, are required to be of great height, the Board may, by special
exception, permit such structures to exceed the maximum permitted
height.
(2)
The following structures are not subject to the
district height regulations, except for the AP District, and do not
require Board approval, except as otherwise provided:
A.
Farm buildings and structures, except dwelling units.
B.
Fire walls, cupolas, steeples, flagpoles, silos,
smokestacks, masts, water tanks or other nonhabitable roof superstructures.
C.
Roof structures for housing elevators, stairways,
tanks, ventilating fans or similar equipment required to operate and
maintain the building, provided that all such structures above the
height otherwise permitted in the district shall not occupy more than
twenty-five percent of the ground area of the building.
D.
Any building or structure in an I District if more
than two hundred feet distant from any A, E, V, R or RP District,
provided that, for each three feet by which the height of such building
or structure exceeds the maximum height otherwise permitted in the
district, its front, side and rear yard setbacks shall be increased
in width or depth by an additional one foot over the yard setbacks
required for the highest building otherwise permitted in the district
and provided that the height of such building or structure shall not
exceed four hundred feet.
E.
Any building or structure allowed by Subsection
§ ZS 1-303(c).
[Added 3-15-2016 by Bill
No. 16-1]
(o)
Distance between structures.
(1)
Where more than one principal structure is located
on a single lot, there shall be not less than ten feet between such
structures. This provision shall apply in addition to and not in lieu
of any other provisions of this Title.
(2)
In a farm building group, except for a dwelling,
no minimum distance between structures shall apply.
(p)
Limitations on accessory uses and structures.
(1)
Accessory structures shall not cover more than
thirty percent of the required rear yard.
(2)
Accessory buildings shall be at least six feet
from any other building on the same lot, from any right-of-way and
from lot lines of adjoining lots which are in any A, E, V, R or RP
District.
(3)
No accessory use or structure shall be permitted
on a lot unless the principal use or structure was in existence previously
or until construction of the principal structure is diligently pursued;
provided, however, that a single customary residential accessory structure
less than five hundred square feet in area, a single private dock,
boat ramp or pier abutting a single-family lot may be constructed
for the exclusive, personal use of the lot owner.
(q)
Recreational vehicles and watercraft. In all districts, it shall be permissible to store recreational
vehicles and watercraft owned by the property owner or resident of
the premises out of doors as an accessory use and subject to the provisions
of § BR 3-106 of the Building Regulations Article and § PH
1-104 of the Public Health Article of the Code of Public Local Laws
of Worcester County, Maryland.
(1)
Recreational vehicles may not be occupied unless
specifically allowed by the district regulations and in accordance
with Health Department regulations.
(r)
Agricultural protection setback for
all districts.
(1)
All dwellings, manufactured homes, manufactured
home park sites, schools, churches, rest homes, hospitals and day-care
centers shall be located at least two hundred feet from any preexisting
grain dryer, feeding lot, dairy barn, agricultural lagoon, poultry
or hog house or other use or structure involving the concentrated
handling or containment of animals or fowl located on another lot,
provided that this provision shall not be applied to prohibit such
construction on any residential building lot platted among the land
records of the County as of September 23, 1978.
(2)
All grain dryers, feeding lots, dairy barns, agricultural
lagoons, aquaculture ponds, hog houses, and other uses involving the
concentrated handling or containment of animals shall have a front
yard setback of at least fifty feet and shall be located at least
two hundred feet from any:
[Amended 4-25-2017 by
Bill No. 17-3]
(a)
Frontage. Every building
erected, located, converted, enlarged or altered shall be located
on a lot having a front lot line not less than thirty-five feet in
length on a public road or approved private road and have access to
such road, except:
(1)
Lots approved as part of a unified development
by the Planning Commission or Board of Zoning Appeals.
(2)
Agricultural structures (excluding farm dwellings)
and noncommercial cabins, manufactured homes, recreational vehicles
and trailers for seasonal use only as permitted in the A and RP Districts.
(3)
Farm dwellings, provided that they shall be connected
with a public road or approved private road by a right-of-way of not
less than twenty feet in width which serves not more than four farm
building groups nor serves any major subdivision.
(4)
Lots approved as a rural cluster subdivision in
the A-1, A-2, or E-1 Districts. A maximum of six lots may be connected
to a public road or approved private road by a right-of-way or access
easement of not less than twenty feet in width. Any right-of-way or
access easement created to serve such lots shall be constructed and
stabilized in such a manner as to provide for safe access for emergency
vehicles. The lot owners served by such a right-of-way or access easement
shall execute appropriate agreements to provide for the continued
maintenance of the right-of-way or access easement by the lot owners.
These executed agreements shall be approved by the Department and
recorded among the land records of Worcester County prior to or simultaneously
with the recordation of the subdivision plat.
(5)
Lots approved as a consolidated development rights
subdivision in the A-2 and E-1 Districts. A maximum of six lots may
be connected to a public road or approved private road by a right-of-way
or access easement of not less than twenty feet in width. Such subdivisions
containing more than six lots may be connected to a public road or
approved private road by a right-of-way, access easement or approved
private road of not less than twenty-four feet in width. Any right-of-way
or access easement created to serve such lots shall be constructed
and stabilized in such a manner as to provide for safe access for
emergency vehicles. The lot owners served by such a right-of-way or
access easement shall execute appropriate agreements to provide for
the continued maintenance of the right-of-way or access easement by
the lot owners. These executed agreements shall be approved by the
Department and recorded among the land records of Worcester County
prior to or simultaneously with the recordation of the subdivision
plat.
(6)
A front lot line of a lesser amount, but in no
event less than twenty feet, as a variance by the Board of Zoning
Appeals in accordance with the provisions of § ZS 1-116
hereof for parcels having frontage on a public or approved private
road.
(7)
A front lot line of a lesser amount as a variance
by the Board of Zoning Appeals in accordance with the provisions of
§ ZS 1-116 hereof for parcels not having frontage on
a public or approved private road where the applicant submits probative
documentary evidence, which may include an opinion from an attorney
at law licensed to practice in the State of Maryland, that a legally
established easement or right-of-way, recorded in perpetuity, of sufficient
width to provide for vehicular access and connecting the parcel to
a public or approved private road will be provided. The Board of Zoning
Appeals shall not grant a variance to permit the subdivision of a
lot of record as of July 25, 1967, into more than two divisions (residue
included). Furthermore, the lot of record cannot have been the subject
of any prior subdivision application.
(b)
Parking and vehicle access. In all events, all buildings shall be provided with adequate off-street
parking and loading and shall be located so as to provide safe and
recognizable access for fire protection and other public safety equipment.
In order to provide for adequate vehicle access the thirty-five foot
minimum lot width shall be maintained continuously from the public
road or approved private road to the front yard setback line of the
lot.
(a)
Purpose and intent. Clustering
of single-family dwelling units is encouraged in order to provide
for and maintain large open space areas which may in turn provide
for the recreational needs of the residents, as well as buffering
of sensitive natural habitats, and the protection and improvement
of water quality. In addition, clustering provides a more efficient
use of land and may require less area to be used for the construction
of roads, utilities and other public facilities. Cluster subdivisions
are permitted in the E, V and R Districts, subject to Planning Commission
approval.
(b)
General design standards. In order to provide for more efficient use of land, protection of
the environment, more livable communities, and consistency with the
Comprehensive Plan, the following design standards shall apply:
(1)
All development plans shall first identify key
environmental features and then design the development plan in such
a manner as to protect and avoid disturbance of these resources. Special
consideration shall be given to wetlands, forested areas, existing
significant trees, floodplains, source water and aquifer recharge
protection areas, areas of critical habitat, water bodies on the state's
impaired waters list or having an established total maximum daily
load requirement and other important environmental features. Where
possible, those areas contained in the one-hundred-year floodplain
should be dedicated as open space or recreational areas.
(2)
Cluster residential land uses to minimize the consumption
of vacant land, maximize open space and reduce impervious surfaces.
(3)
Limit the use of culs-de-sac and dead-end streets
and instead promote street, trail and sidewalk connectivity to reduce
vehicle miles traveled and improve community walkability.
(4)
Preserve existing forested areas and natural areas
as greenways within and around developments for environmental and
recreational purposes and to blend the man-made and natural environments.
(c)
Specific standards. The
following specific standards shall apply to single-family clustered
housing:
(1)
The minimum land area for a cluster subdivision
shall be four contiguous acres.
(2)
The maximum density permitted for a clustered housing
subdivision shall be one and thirty-five hundredths times the density
allowed for a conventional single-family subdivision in that zoning
district. Major fractions of units shall be counted as a full unit.
(3)
The project as a whole shall provide a minimum
road frontage of thirty-five feet, lot width of one hundred feet,
front yard setback of thirty-five feet and all other yard setbacks
of twenty feet.
(4)
Individual lots within the subdivision shall comply
with the lot area, lot width and setback requirements listed for single-family
clustered housing within that zoning district.
(5)
All interior roads and parking areas and all access
points to the public road system shall be designed and constructed
to County road standards.
(6)
Notwithstanding the provisions of § ZS 1-315(d)(1)B,
any single-family clustered housing development containing a total
of twenty or fewer dwelling units shall provide a minimum of fifty
percent of the land area to be retained in permanent open space in
accordance with the following provisions:
A.
Further subdivision of open space or its use for
other than active or passive noncommercial recreation, conservation
or agriculture (except for easements for underground utilities) shall
be prohibited. This restriction shall be included on the record plat
or approved site plan as well as recorded in an open space easement.
Structures and buildings accessory to active or passive noncommercial
recreation, conservation or agriculture may be erected on open space,
subject to the provisions of § ZS 1-325 hereof.
B.
A maximum of fifty percent of the required open
space may be comprised of wetlands.
C.
Active and passive recreation areas are to be easily
accessible to all residents of the development.
D.
Open space used for other than conservation shall
be appropriately maintained. The developer shall provide copies of
deeds, deed covenants or conservation easements to the Planning Commission
describing land management practices and responsibilities (including
collection of fees where appropriate) to be followed by whichever
party or parties are responsible for maintenance. Where required by
the Planning Commission, a homeowners' association shall be established
for the purpose of permanently maintaining all open space and recreational
facilities. Such homeowners' association agreements, guaranteeing
continuing maintenance, shall be submitted to the County prior to
the issuance of any building permits and are subject to the approval
of the County Attorney for legal sufficiency. Copies of recorded documents
shall be provided by the developer to the Department upon recording.
The covenants shall contain a provision for maintenance of such open
space by the County Commissioners at their option where a responsible
party fails to properly maintain such open space. Any funds expended
for such maintenance by the County Commissioners shall be assessed
pro rata against benefited lot or dwelling unit owners and shall be
a lien and collectable in the same manner as real estate taxes.
E.
Any single-family clustered housing development
containing greater than twenty dwelling units shall provide open space
in accordance with the provisions of § ZS 1-315(d)(2)B
hereof.
F.
The Planning Commission may grant waivers to this
subsection where it determines that conditions exist such that the
full provisions for open space as required by this subsection are
otherwise satisfied. The Planning Commission shall consider proximity
to public open spaces, lot size and other appropriate factors.
(d)
Planning Commission review. In order to receive approval for a cluster subdivision, the applicant
must first submit a sketch plan as provided for in Title 2, Subdivision
Regulations. The Planning Commission shall review the sketch plan
for compliance with the provisions and intent of this Title and the
provisions of Title 2, Subdivision Regulations. In reviewing the sketch
plan, the Planning Commission may recommend such additional conditions
or modifications to the project as it deems necessary to ensure full
compliance with the provisions and intent of this Title. No permit
shall be issued nor construction begun until the project has fully
complied with all provisions of Title 2, Subdivision Regulations.
(a)
Purpose and intent. Rural
cluster subdivisions are encouraged in order to preserve agricultural
lands by grouping residential uses more closely together. This will
reduce fragmentation and inefficient utilization of farmland, prevent
stripping of lots along roadways, and preserve the open vistas and
rural character of the landscape. To promote use of this subdivision
technique, an additional lot for residential purposes beyond that
permitted as a minor subdivision will be allowed subject to the standards
and requirements contained herein. Rural cluster subdivisions are
permitted in the A and E Districts.
(b)
Standards. The following
standards shall apply to rural cluster subdivisions:
(1)
All development plans shall first identify key
environmental features and then design the development plan in such
a manner as to protect and avoid disturbance of these resources. Special
consideration shall be given to wetlands, forested areas, existing
significant trees, floodplains, source water and aquifer recharge
protection areas, areas of critical habitat, water bodies on the state's
impaired waters list or having an established total maximum daily
load requirement and other important environmental features. Those
areas contained in the one-hundred-year floodplain should be avoided.
They may be included in the lot area of an individual lot but not
within its buildable area unless the entire property is located within
the one-hundred-year floodplain.
(2)
All rural cluster subdivisions shall be designed
in a single compact arrangement where each lot other than the first
or last lot shares at least two lot lines in common with other lots
in the same cluster. The reference to "first or last lot" shall be
construed to be the orientation of the lots rather than their order
of creation.
(3)
Except as provided herein, no lot in a rural cluster
subdivision may have a lot area less than forty thousand square feet
or greater than ninety thousand square feet.
(4)
Where the Environmental Programs Division permits
septic disposal areas to be located remote from the lot, the minimum
lot requirement may be reduced to twenty thousand square feet.
(5)
No boundary line of any residential lot in a rural
cluster subdivision shall be located closer than two hundred feet
to any public or approved private road.
(6)
For the purposes of this section the lots shall
be connected to a public road or approved private road by a right-of-way
or access easement of not less than twenty feet in width. Any right-of-way
or easement created to provide access, drainage and installation of
utilities to serve such lots shall be constructed and stabilized in
such a manner as to provide for safe access for emergency vehicles
and shall be sufficient to serve all of the lots for as long as the
subdivision exists or the access is replaced by other means. The lot
owners served by such a right-of-way or easement shall execute appropriate
agreements to provide for the continued maintenance of the right-of-way
or access easement by the lot owners. These executed agreements shall
be approved by the Department and recorded among the land records
of Worcester County prior to or simultaneously with the recordation
of the subdivision plat.
(7)
All rural cluster subdivisions shall be reviewed
and approved in accordance with the plat procedures for minor subdivisions
as contained in Subtitle ZS2:III, §§ ZS2-301 through
2-304.
(8)
The provisions of this section shall not apply
to parcels of land where three or more lots which do not comply with
the provisions of this section have previously been subdivided and
recorded among the land records of Worcester County from what was
a single parcel of land as it existed on July 25, 1967.
(a)
Purpose and intent. Consolidated
development rights subdivisions are intended to allow landowners,
particularly farmers, to share in the economic benefits of development
while more importantly preserving one of Worcester County's most traditional
and important ways of life, farming. This technique will enable subdivision
rights to be transferred to sites where the development would be most
appropriate from the viewpoints of both wastewater disposal and neighborhood
compatibility. It will reduce fragmentation and inefficient utilization
of farmland, prevent stripping of lots along roadways, and preserve
the open vistas and rural character of the landscape. The intent is
to allow for some consolidation of development rights otherwise permitted
on separate parcels. It is not the intent to facilitate sprawl via
large subdivisions in rural areas and thus create conflicts between
land uses and inefficient use of resources.
(b)
General design standards. In order to provide for more efficient use of land, protection of
the environment, more livable communities, and consistency with the
Comprehensive Plan, the following design standards shall apply:
(1)
All development plans shall first identify key
environmental features and then design the development plan in such
a manner as to protect and avoid disturbance of these resources. Special
consideration shall be given to wetlands, forested areas, existing
significant trees, floodplains, source water and aquifer recharge
protection areas, areas of critical habitat, water bodies on the state's
impaired waters list or having an established total maximum daily
load requirement and other important environmental features. Where
possible, those areas contained in the one-hundred-year floodplain
should be dedicated as open space or recreational areas.
(2)
Cluster residential land uses to minimize the consumption
of vacant land, maximize open space and reduce impervious surfaces.
(3)
Limit the use of culs-de-sac and dead end streets
and instead promote street, trail and sidewalk connectivity to reduce
vehicle miles traveled and improve community walkability.
(4)
Preserve existing forested areas and natural areas
as greenways within and around developments for environmental and
recreational purposes and to blend the man-made and natural environments.
(c)
Specific standards. The
following standards shall apply to consolidated development rights
subdivisions:
(1)
Subdivision development rights may be transferred
between contiguous parcels in the A-2 and E-1 Districts which are
under the same ownership as of the effective date of this section.
(2)
Subject to the limitations cited in Subsection
(c)(2)A hereof, the density permitted in the E-1 District shall be
the maximum permitted by the district regulations and the density
permitted in the A-2 District shall be equal to the sum total of the
gross number of divisions remaining for each parcel as determined
by the definition of "subdivision, minor" as contained in § ZS 1-311
hereof, with the maximum density in the A-2 District not to exceed
twenty lots.
A.
The subdivision development rights from the transferring
parcel used to calculate the gross number of divisions shall meet
the definition of a "lot" as defined in §§ ZS 1-103
and ZS 2-104, have not less than two thousand five hundred square
feet of buildable lot area and shall be reasonably capable of supporting
a conventional septic disposal system based upon review of the mapped
soils by the Department. Any decision of the Department in this regard
shall be final.
(3)
The applicant shall record among the land records
of Worcester County an instrument acceptable to the County Attorney
which shall perpetually extinguish the right to any future subdivision
or development of the transferring properties other than those nonresidential
uses or structures which meet the definition of "agriculture" as contained
in § ZS 1-103 hereof.
(4)
All subdivisions created under the terms of this
section shall be designed in a single compact arrangement where each
lot other than the first or last lot shares at least two lot lines
in common with other lots in the subdivision. The reference to "first
or last lot" shall be construed to be the orientation of the lots
rather than their order of creation.
(5)
Except as provided herein, no lot created as part
of a consolidated development rights subdivision may have a lot area
less than forty thousand square feet or greater than ninety thousand
square feet. Notwithstanding the provisions of § ZS 1-116(c)(4)
hereof, the maximum lot area of ninety thousand square feet cannot
be increased by action of the Board of Zoning Appeals.
(6)
Where the Environmental Programs Division permits
septic disposal areas to be located remote from the lot, the minimum
lot requirement may be reduced to twenty thousand square feet.
(7)
No boundary line of any residential lot created
as part of a consolidated development rights subdivision shall be
located closer than two hundred feet to any public or approved private
road.
(8)
Where a consolidated development rights subdivision
contains six or fewer lots, it shall be connected to a public road
or approved private road by a right-of-way or access easement of not
less than twenty feet in width. Where a consolidated development rights
subdivision contains more than six lots, it shall be connected to
a public road or approved private road by a right-of-way, access easement
or approved private road of not less than twenty-four feet in width.
Any right-of-way, easement or approved private road created to provide
access, drainage and installation of utilities to serve such lots
shall be constructed and stabilized in such a manner as to provide
for safe access for emergency vehicles and shall be sufficient to
serve all of the lots for as long as the subdivision exists or the
access is replaced by other means. The lot owners served by such a
right-of-way, easement or approved private road shall execute appropriate
agreements to provide for the continued maintenance of the right-of-way,
access easement or approved private road by the lot owners. These
executed agreements shall be approved by the Department and recorded
among the land records of Worcester County prior to or simultaneously
with the recordation of the subdivision plat.
(9)
All consolidated development rights subdivisions
containing six or fewer lots shall be reviewed and approved in accordance
with the plat procedures for minor subdivisions as contained in Subtitle
ZS2:III, §§ ZS2-301 through 2-304. All consolidated
development rights subdivisions containing more than six lots shall
be reviewed and approved in accordance with the platting procedures
for major subdivisions as contained in Subtitle ZS2:IV, §§ ZS2-401
through 2-408.
(a)
Defined. A two-family dwelling
subdivision shall be the subdivision of a two-family dwelling structure
and the land on which it is erected into two separate lots, each improved
by a portion of the two-family dwelling structure having a common
vertical wall or walls dividing such structure from the basement to
the roof, and shall be permitted as herein set forth.
(b)
Two-family dwelling subdivision permitted. Two-family dwelling subdivision shall be permitted as herein set
forth:
(1)
A two-family dwelling subdivision is only permitted
in those zoning districts which allow a two-family dwelling to be
constructed.
(2)
The subdivision requirements of Title 2, Subdivision
Regulations, of this Article shall apply to two-family dwelling subdivisions.
A two-family dwelling subdivision shall be processed as a subdivision.
(3)
All two-family dwelling subdivisions containing
a total of twenty or more residential units shall be subject to and
developed as major residential planned communities in accordance with
the provisions of § ZS 1-315 hereof. Subdivisions of
less than twenty residential units may be developed as a minor residential
planned community in accordance with the provisions of § ZS 1-315
hereof.
(4)
Each half of the structure shall be considered
as a dwelling unit to determine density and lot area per unit; however,
all other lot requirements shall apply to the structure in lieu of
the individual dwelling units.
(5)
In a series of two or more abutting two-family
subdivisions, the Planning Commission may require common street entrances
and cross-easements on each property and may also limit street access
points in cases where the Planning Commission determines that lot
access should be controlled to facilitate traffic flow and general
safety.
(6)
Accessory structures shall be permitted, subject
to the regulations of this Title. In the case where an accessory structure
is divided by the same common property line which divides the two-family
dwelling, the setback from the common property line shall be zero
feet.
(7)
There shall be recorded with every two-family dwelling
subdivision plat a declaration, signed by all owners and lienholders
of the property subdivided, containing covenants governing the use
of the dwellings, which said covenants shall include at least the
following:
A.
An agreement pertaining to mutual access.
B.
An agreement pertaining to common insurance or liabilities.
C.
An agreement pertaining to the right of lateral
support.
D.
An agreement pertaining to any shared facilities
or shared utilities.
E.
An agreement pertaining to required exterior maintenance
or aesthetics.
F.
An agreement pertaining to the collection of funds
for and the making of common repairs.
G.
An agreement pertaining to remedies in the event
of encroachment by structural settlement.
(c)
Plat. For the purposes of
subdivision, a two-family dwelling subdivision preliminary plat shall
be approved by the Planning Commission prior to the construction of
a two-family dwelling except as provided in Subsection (c)(1) hereof.
A two-family dwelling subdivision final plat shall not be approved
by the Department until the two-family dwelling is completely constructed
and a zoning certificate is issued for same in accordance with the
provisions of this Title.
(1)
A two-family dwelling may be subdivided subsequent
to its construction and issuance of a zoning certificate, provided
it meets the criteria contained in this section.
(a)
DIVISIONS OF LAND FOR AGRICULTURAL PURPOSES
RESUBDIVISION
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SUBDIVISION REGULATIONS
Definitions. For the purpose
of this Title, the following words and phrases shall have the meanings
respectively ascribed to them by this subsection:
The subdivision of a farm parcel into smaller parcels which
will only be used for bona fide agricultural purposes.
Any further division or modification, including a boundary
line adjustment, of an existing recorded subdivision.
The division of a lot, tract or parcel of land into two or
more lots, plats, sites or other divisions of land for the purpose,
whether immediate or future, of sale or of building development, including
resubdivision. Development which constitutes a division of land into
separate lots, sites, parcels or other types of division, regardless
of ownership, may constitute a subdivision. When appropriate to the
context, the term "subdivision" or "resubdivision" shall relate to
the process of subdividing or resubdividing land as well as to the
land or territory subdivided. The creation of a condominium under
the Maryland Condominium Act (Title 11 of the Real Property Article
of the Annotated Code of Maryland), where land is divided into parcels
or lots or the condominium units constitute parcels or lots, either
actually or constructively, other than the division of only a building
or buildings into units, shall constitute a subdivision. A lease or
creation of a term of years where land is divided into parcels or
lots for a period of twelve years or more, including renewals, shall
constitute a subdivision, except for leases for individual units or
parcels within a unified commercial or industrial development. The
widening of a public road or the creation of a widening strip for
a public road shall not constitute a subdivision. The creation of
a lot, tract or parcel which, at the time of its creation, is transferred
in perpetuity to the County Commissioners of Worcester County, the
State of Maryland or the United States of America, where the residue
meets the definition of a lot, shall not constitute a subdivision.
Any undeveloped lot transferred at any time to a bona fide conservation
entity for the purpose of perpetual protection, as determined by the
Department, shall not be counted as a lot when determining the number
of subdivisions of a property.
Any subdivision of land which creates six or more lots in
total, regardless of size, out of what was a single parcel as of July
25, 1967. A series of separate subdivisions out of the same original
parcel shall be considered a "major subdivision" when the cumulative
effect of such separate subdivisions meet the criteria of a "major
subdivision." For the purposes of this Article a rural cluster subdivision
as defined in § ZS 1-103 hereof shall not be considered
a major subdivision. Any undeveloped lot transferred at any time to
a bona fide conservation entity for the purpose of perpetual protection,
as determined by the Department, shall not be counted as a lot when
determining the number of subdivisions of a property.
Any subdivision which is not a major subdivision as herein
defined and which creates up to but not more than five lots out of
what was a single parcel of land as of July 25, 1967. For the purposes
of this Article a rural cluster subdivision as defined in § ZS 1-103
hereof shall be considered a minor subdivision. Any undeveloped lot
transferred at any time to a bona fide conservation entity for the
purpose of perpetual protection, as determined by the Department,
shall not be counted as a lot when determining the number of subdivisions
of a property.
The Worcester County Subdivision Regulations, as may be in
effect.
(b)
Review procedure.
(1)
Subdivisions as permitted uses. Subdivisions listed
as permitted principal uses in the district regulations are subject
to and reviewed under the provisions of Title 2, Subdivision Regulations.
(2)
Subdivisions as residential planned communities.
All subdivisions containing more than twenty residential units shall
be subject to and developed as major residential planned communities
in accordance with the provisions of § ZS 1-315 hereof.
Subdivisions of twenty or fewer residential units may be developed
as a minor residential planned community in accordance with the provisions
of § ZS 1-315 hereof.
(3)
Subdivisions as special exceptions.
A.
Subdivisions listed as special exceptions shall
be reviewed under both this Title and Title 2, Subdivision Regulations.
In such cases, the subdivision shall first be reviewed under this
Title as a special exception by the Board of Zoning Appeals in accordance
with the provisions of § ZS 1-116 hereof.
1.
In addition to the requirements of § ZS 1-116
hereof, the applicant shall submit a site plan showing the following
information:
(i)
General
data: the name of the subdivision, name and address of the property
owner, total acreage, North arrow, scale and present zoning classification.
(ii)
Vicinity
map: the location of adjoining properties, location of adjoining roads,
bodies of water, towns and other significant physical features within
one mile.
(iii)
General layout: tract boundaries, the location of existing and proposed
roads, the layout and size of proposed lots, easements, drainage courses,
general topography, utility service, vegetation, means of providing
water and sewage disposal service and other significant features of
the proposed project.
2.
The applicant shall also submit a written statement
explaining how the subdivision meets the review standards of § ZS 1-116(c)(3)
and Subsection (b)(3)B hereof.
B.
The Board shall not grant a special exception unless
it finds that the subdivision meets each of the following criteria:
1.
The review standards specified in § ZS 1-116(c)(3)
hereof.
2.
That it is unlikely for the subdivision to be adversely
affected by normal agricultural or timbering operations or conservation
practices in the area, including the effects of odor, noise, dust,
glare, etc., as may be generated by the farming or timbering operations.
3.
That it is unlikely for agriculture, timbering,
conservation or permitted agricultural, timbering or conservation
activities in the area to be adversely affected or restricted by virtue
of the subdivision.
4.
That the subdivision would not take a significant
amount of valuable conservation, farm or timber land out of production.
5.
That the subdivision would not seriously detract
from the area's rural, natural or open space character by the intrusion
of residential, commercial or industrial development.
C.
The Board of Zoning Appeals approval of a subdivision
as a special exception shall be conditional upon the applicant's submitting
the subdivision to the Department for review under Title 2, Subdivision
Regulations, and recordation of the subdivision plat within two years
from the date of the Board's granting the conditional approval. However,
the Board may authorize a single one-year extension of the time limit
upon the written request of the applicant. Failure of the applicant
to record the plat within the allotted time period shall render the
Board's conditional approval of the special exception void and further
consideration shall require a reapplication.
(4)
Divisions of land for agricultural purposes are
subject to and reviewed under the provisions of Title 2, Subdivision
Regulations, unless exempted pursuant to the provisions of § ZS
2-201(b)(1) hereof. Furthermore, such divisions shall create no more
than five parcels, none of which can be less than five acres in size,
including the remaining portion of the original parcel. Any parcels
so created shall not be used for residential purposes in any fashion,
either as a permitted use, a special exception use or as an accessory
use. Notwithstanding the provisions of § ZS 1-305(p)(3),
a single private, noncommercial pier or dock for the exclusive and
personal use of the lot owner shall be permitted. The Planning Commission
or Department may place restrictions on the use of any land so divided
to ensure compliance with the intent of this Title.
[Amended 3-18-2014 by Bill No. 14-2]
(c)
Requirement for subdivision approval
and compliance with regulations. Major and minor subdivisions
are permitted only as set forth in this Title and, unless specifically
permitted, are prohibited. Where any use is permitted in this Title,
it is permitted subject to subdivision requirements and approval where
required hereby or by Title 2, Subdivision Regulations.
(a)
Generally. When more than
one two-family or multi-family building is constructed on a lot, the
applicable lot, road frontage and off-street parking requirements
may be applied to the development as a whole. Any two-family and multi-family
development containing twenty or fewer dwelling units shall be subject
to the provisions of § ZS 1-325 hereof but may be developed
as a minor residential planned community in accordance with the provisions
of § ZS 1-315 hereof. Those containing more than twenty
residential units shall be subject to and developed as a major residential
planned community in accordance with the provisions of § ZS 1-315
hereof.
(b)
Additional provisions. In
addition to the standards and provisions contained elsewhere in this
Title, the following additional provisions shall apply to all two-family
and multi-family developments:
(1)
All parking areas and walkways shall be lighted.
(2)
Notwithstanding the provisions of § ZS 1-315(d)(1)B,
any two-family or multi-family development containing a total of twenty
or fewer dwelling units shall provide open space equal to not less
than thirty percent of the total lot area of the development. Such
open space may be composed of both individual and common open space
but shall not include utility and other service areas, roads and off-street
parking and loading areas, except underground utility areas. Where
possible, those areas contained in the one-hundred-year floodplain
should be dedicated as open space or recreational areas. Within such
landscaped open space there shall be provided commonly owned areas
to serve as recreational areas for games, sports, social gatherings,
etc. This recreational area shall be not less than three hundred square
feet per dwelling unit. No recreational area shall be required to
exceed thirty percent of the total area of the development. Such recreational
areas shall consist of contiguous lands not containing any wetlands,
tidal or nontidal, and be of sufficient configuration as determined
by the Planning Commission that they can suitably function for the
purpose stated herein. All recreational areas shall be separated from
any adjacent vehicular travelway or parking area by a vegetated or
man-made barrier. Proposed recreational areas must be specified on
the site plan for review and approval by the Planning Commission.
Any two-family and multi-family development containing greater than
twenty dwelling units shall provide open space in accordance with
the provisions of § ZS 1-315(d)(2)B hereof. The Planning
Commission may grant waivers to this subsection where it determines
that conditions exist such that the full provisions for open space
as required by this subsection are otherwise satisfied. The Planning
Commission shall consider proximity to public open spaces, lot size
and other appropriate factors.
(3)
Landscaping of setback areas and buffering of perimeter
property lines shall be in accordance with the provisions of § ZS 1-322
hereof.
(4)
No principal building shall be located less than
ten feet from any other principal building, and no accessory building
shall be located less than six feet from any principal or other accessory
building.
(5)
All interior roads and parking areas and interior
collector roads, as determined by the Planning Commission, and all
access points to the public road system shall be in accordance with
County road standards.
(6)
In granting site plan approval under § ZS 1-325
hereof, the Technical Review Committee or Planning Commission may
require such additional conditions or make such modifications to the
project as deemed necessary to ensure full compliance with the provisions
and intent of this Title.
(7)
If the project is to be subdivided, no building
permit shall be issued nor construction begun until the project has
fully complied with the provisions of Title 2, Subdivision Regulations.
The Department may accept the submission required under § ZS 1-325
hereof in lieu of the sketch plan submission provided for in Title
2, Subdivision Regulations.
(8)
In the case of phased projects, each phase shall
stand on its own in terms of compliance with this Title.
(a)
Generally. The following
general provisions shall apply to all townhouse developments:
(1)
The lot, road frontage and off-street parking requirements
for townhouses may be applied to the townhouse development as a whole,
except that no principal structure shall be located within twenty-five
feet of any perimeter property line or public road right-of-way.
(2)
Any townhouse development containing twenty or
fewer dwelling units shall be subject to the provisions of § ZS 1-325
hereof but may be developed as a minor residential planned community
in accordance with the provisions of § ZS 1-315 hereof.
Those containing more than twenty residential units shall be subject
to and developed as a major residential planned community in accordance
with the provisions of § ZS 1-315 hereof.
(b)
Additional provisions. In
addition to the standards and provisions contained elsewhere in this
Title, the following additional provisions shall apply to all townhouse
developments:
(1)
No series of attached townhouse units should contain
more than ten such units nor exceed two hundred feet in length.
[Amended 3-15-2022 by Emergency Bill No. 22-1]
(2)
Maximum lot coverage for a townhouse unit and all
improvements within the building envelope shall not exceed sixty percent
of the lot area.
(3)
Walkways and parking areas shall be lighted.
(4)
When more than one series of attached townhouse
units is constructed, no series shall be located less than ten feet
from any other principal building.
(5)
No townhouse unit shall be permitted to have direct
access to any public road.
(6)
Parking areas may be provided along the private
interior roads of the development, but in no case shall any parking
space be designed to permit backing into any public road right-of-way.
(7)
All interior roads and parking areas and all access
points to the public road system shall be reviewed in accordance with
County road standards.
(8)
Notwithstanding the provisions of § ZS 1-315(d)(1)B,
any townhouse development containing a total of twenty or fewer dwelling
units shall provide open space equal to not less than thirty percent
of the total lot area of the development. Such open space may be composed
of both individual and common open space but shall not include utility
and other service areas, roads and off-street parking and loading
areas, except underground utility areas. Where possible, those areas
contained in the one-hundred-year floodplain should be dedicated as
open space or recreational areas. Within such landscaped open space
there shall be provided commonly owned areas to serve as recreational
areas for games, sports, social gatherings, etc. Such recreational
areas shall consist of contiguous lands not containing any wetlands,
either tidal or nontidal, and be of sufficient configuration as determined
by the Planning Commission that they can suitably function for the
purpose stated above. All recreational areas shall be separated from
any adjacent vehicular travelway or parking area by a vegetated or
man-made barrier. Proposed recreational areas must be specified on
the site plan for review and approval by the Planning Commission and
shall be in accordance with the following ratios for the cumulative
total of dwelling units within the development:
A.
For one to five dwelling units, at least one thousand
square feet of recreational area shall be required.
B.
For six to ten dwelling units, at least two thousand
five hundred square feet of recreational area shall be provided.
C.
For eleven to twenty dwelling units, at least seven
thousand five hundred square feet of recreational area shall be provided.
D.
No recreational area shall be required to exceed
twenty-five percent of the total area of the development.
E.
Any townhouse development containing greater than
twenty dwelling units shall provide open space in accordance with
the provisions of § ZS 1-315(d)(2)B hereof.
F.
The Planning Commission may grant waivers to this
subsection where it determines that conditions exist such that the
full provisions for open space as required by this subsection are
otherwise satisfied. The Planning Commission shall consider proximity
to public open spaces, lot size and other appropriate factors.
(9)
Landscaping of setback areas for the development
and buffering of perimeter property lines shall be in accordance with
the provisions of § ZS 1-322 hereof.
(10)
In granting site plan approval under § ZS 1-325
hereof, the Planning Commission may attach such additional conditions
or make such modifications to the project as it deems necessary to
ensure full compliance with the provisions and intent of this Title.
(11)
If the project is to involve subdivision, no building
permit shall be issued nor construction begun until the project has
fully complied with the provisions of Title 2, Subdivision Regulations.
The Planning Commission may accept the submission required under § ZS 1-325
hereof in lieu of the sketch plan submission provided for in Title
2, Subdivision Regulations.
(a)
Manufactured and mobile homes generally. No manufactured or mobile home, whether placed singly upon an individual
lot or placed in a manufactured or mobile home park, shall be located
in any district except in conformity with the following provisions:
(1)
No manufactured or mobile home, wherever located,
shall be used as a residence except in compliance with all requirements
as to water supply and wastewater disposal.
(2)
The use of manufactured or mobile homes is prohibited
except where specifically allowed in the district regulations.
(3)
Any portion of a manufactured or mobile home, excluding
the tongue, shall not be located closer than ten feet side to side,
eight feet end to side or six feet end to end horizontally to any
other manufactured or mobile home or principal building.
(4)
Only one manufactured or mobile home may be placed
on any lot, unless otherwise specifically provided herein.
(5)
All manufactured or mobile home units shall be
securely anchored to the ground and fully skirted with a durable material
as approved by the Department.
(6)
No manufactured or mobile home shall be parked
overnight on any public road, public park, public boat landing or
other public place, except in an emergency or in areas specified for
such use.
(7)
No person shall place, replace or enlarge a manufactured
or mobile home on an individual lot or in a manufactured or mobile
home park without first securing a building permit authorizing such
placement or replacement.
(8)
All manufactured or mobile home units shall be
subject to the off-street parking provisions of § ZS 1-320
hereof.
(9)
No manufactured or mobile home or addition thereto
for nonresidential purposes shall exceed one story in height.
[Amended 6-16-2020 by Bill No. 20-5]
(b)
Standards for manufactured homes. Where a manufactured home is allowed as a principal permitted use
by the district regulations in accordance with this subsection, it
must meet the following criteria:
(1)
The manufactured home must be comprised of multiple
sections and have at least one thousand square feet in gross floor
area and a minimum depth of at least twenty feet as measured from
front outside wall to rear outside wall.
(2)
The manufactured home must be placed on a continuous
foundation constructed of concrete masonry units, brick or poured
concrete without any openings other than those required for access,
ventilation or flood equalization by the terms of the building code.
(3)
The minimum pitch of the main roof shall not be
less than five inches of rise for every one foot of horizontal run
and the roof shall have a minimum of a twelve-inch overhang beyond
all exterior walls. Any roofing material commonly used for site-built
dwellings shall be acceptable.
(4)
The manufactured home shall have siding on all
exterior walls which provides a consistent, continuous facade from
the bottom of the soffit down to the top of the perimeter foundation.
The exterior siding must have the same appearance and be constructed
of the same materials and systems commonly used for site-built dwellings.
The manufactured home shall not have siding composed of metal panels
or sheets installed in a vertical orientation.
(5)
All transportation equipment, including hitches,
tongues, axles and wheels, shall be removed upon delivery of the manufactured
home to the site.
(c)
Manufactured and mobile home parks generally. In addition to the provisions of Subsection (a) hereof, all manufactured and mobile home parks, regardless of their form of ownership, shall conform to the following additional provisions:
(1)
Every application for a manufactured or mobile
home park shall be subject to review and approval by the Planning
Commission in accordance with the provisions of § ZS 1-325
hereof.
(2)
Minimum lot requirements for the manufactured or
mobile home park shall be: lot area, eighty thousand square feet;
maximum density, six manufactured or mobile homes per net acre; lot
width, two hundred feet; front yard setback, thirty-five feet [see
§ ZS 1-305(b) hereof]; and each side yard setback and
rear yard setback, fifty feet if abutting an A, E, V, R or RP District
or thirty feet if abutting a C, I or CM District, except that the
thirty feet may be reduced to fifteen feet if the manufactured or
mobile home park is screened from abutting property by a solid fence
or solid wall at least six feet high [see limiting provisions of § ZS 1-305(k)(3)
hereof] and landscaped in accordance with the provisions of § ZS 1-322
hereof.
(3)
Required yards for the manufactured or mobile home
park shall be landscaped with trees, shrubs, ornamental walls or fences
in accordance with § ZS 1-322 hereof.
(4)
Each manufactured or mobile home site, plot or
location shall meet the following minimum requirements:
[Amended 6-16-2020 by Bill No. 20-5]
A.
For any manufactured or mobile home or addition
thereto not exceeding one story in height the minimum lot requirements
shall be: manufactured or mobile home site area, five thousand square
feet; minimum site width, fifty feet; front yard setback, twenty feet;
and each side yard setback and rear yard setback, five feet.
B.
For any manufactured or mobile home or addition
thereto not exceeding one story in height the minimum lot requirements
shall be: manufactured or mobile home site area, six thousand square
feet; minimum site width, fifty feet; front yard setback, twenty feet;
and each side yard setback, five feet; and rear yard setback, twenty
feet. Furthermore, where such units are to be utilized, all roads
within the manufactured or mobile home park and the incidental drainage
shall comply with County road specifications for private campground
subdivisions, as adopted by the County Commissioners. Collector roads
and minor roads shall be determined by the Planning Commission. Additionally,
adequate easements or rights-of-way for utilities shall be provided.
(5)
Accessory buildings may not be located in the front
yard setback nor less than six feet from any other property line nor
separated by less than six feet from any other manufactured or mobile
home or structure on the same lot or any other lot. An accessory building
shall not be used for human habitation or sleeping quarters and shall
not contain any plumbing or plumbing fixtures.
(6)
Only amenities which are noncommercial and purely
incidental and subordinate to the operation of the manufactured or
mobile home park and intended only for its occupants shall be permitted.
(7)
In a manufactured or mobile home park, not less
than twenty-five percent of the park shall be devoted to common use
open space and recreational areas. Such areas must be landscaped in
accordance with § ZS 1-322 hereof and may include recreational
facilities but shall not include utility and other service areas,
roads and off-street parking and loading areas, except underground
utility areas. Where possible, those areas contained in the one-hundred-year
floodplain should be dedicated as open space or recreational areas.
Within such common use open space there shall be provided commonly
owned areas to serve as recreational areas for games, sports, social
gatherings, etc. for residents of the park. One recreational area
shall be required for each twenty-five manufactured or mobile home
sites or fraction thereof within the park. Recreational areas shall
be a minimum of five thousand square feet in area each. Where more
than one recreational area is required, they may be consolidated.
Such recreational areas shall consist of contiguous lands not containing
any wetlands, tidal or nontidal, and be of sufficient configuration
as determined by the Planning Commission that they can suitably function
for the purpose stated above. All recreational areas shall be separated
from any adjacent vehicular travelway or parking area by a vegetated
or man-made barrier. Proposed recreational areas must be specified
on the site plan for review and approval by the Planning Commission.
(8)
Boundary lines for the manufactured or mobile home
park and the boundary lines for the individual manufactured or mobile
home sites shall be monumented in accordance with the provisions of
Title 2, Subdivision Regulations.
(9)
All enlargements or extensions to existing manufactured
or mobile home parks shall require site plan review and approval in
accordance with § ZS 1-325 hereof. The Planning Commission
may require the existing portion of the park to comply with all or
part of the provisions of this Title if the Planning Commission deems
such to be desirable and economically feasible.
(10)
Approved water supply and wastewater disposal
systems shall be provided to each manufactured or mobile home site.
(11)
Prior to site plan approval for a manufactured
or mobile home park, the Department of Public Works has reviewed and
approved the proposed design and construction of the park's roads
and the associated drainage facilities. All roads in manufactured
or mobile home parks shall comply with the roads standards for campground
subdivisions.
(12)
In the approval of a site plan for a manufactured
or mobile home park, the Planning Commission may require special conditions
to be met, such as additional setback requirements, additional landscaping,
sidewalks, drainage facilities, traffic control and deed restrictions,
in order to safeguard the general health, safety and welfare of the
public.
(d)
Park trailers in existing manufactured
and mobile home parks. Where the area and/or dimensions
of a lot or lots within a manufactured or mobile home park which has
existed since prior to the adoption date of this Title would preclude
the use of the lot by any current commercially available manufactured
or mobile home as determined by the Department, a park trailer which
measures four hundred square feet or greater, exclusive of any additions,
may be permitted to be placed on the lot.
(e)
Existing nonconforming manufactured
and mobile home parks. Within the district and under the
provisions established by this Title there may exist manufactured
and mobile home parks which were lawful when established but which
are prohibited or restricted under the terms of this Title. It is
the intent of this Title to permit these existing nonconforming manufactured
and mobile home parks to continue subject to the following provisions:
(1)
Lawfully existing manufactured or mobile homes
in the park shall not be deemed nonconforming structures in such district
but shall without further action be considered conforming structures.
(2)
A manufactured or mobile home may be placed or
replaced on any previously approved manufactured or mobile home site
within the park. However, where the replacement manufactured home
exceeds one story in height, it must be in accordance with the provisions
of Subsection (c)(4)B hereof.
[Amended 6-16-2020 by Bill No. 20-5]
(3)
Customary incidental accessory structures may be
erected on any previously approved manufactured or mobile home site
within the park.
(4)
Manufactured or mobile homes within the manufactured
or mobile home park shall comply with the provisions of Subsections
(a) and (c)(4)B hereof.
(f)
Cooperative manufactured and mobile
home parks.
(1)
No new cooperative manufactured or mobile home
parks shall be permitted except as provided for in Subsections (f)(3)
and (f)(4) hereof.
(2)
In addition to the provisions of Subsections (a)
and (c) hereof, the following provisions apply to all cooperative
manufactured and mobile home parks:
A.
Words as used herein where defined in § 5-6B-01
of the Corporations and Associations Article of the Annotated Code
of Maryland, as from time to time amended, shall be defined as therein
set forth.
B.
For any manufactured or mobile home or addition
thereto the following requirements shall apply:
[Amended 6-16-2020 by Bill No. 20-5]
1.
Where the manufactured or mobile home or addition
thereto does not exceed one story in height in a nonconforming manufactured
or mobile home park, no portion of a manufactured or mobile home,
excluding the tongue, shall be located closer than ten feet side to
side, eight feet end to side or six feet end to end horizontally to
any other manufactured or mobile home or principal building.
2.
Where the manufactured or mobile home or addition
thereto does not exceed one story in height in a conforming manufactured
or mobile home park, the minimum lot requirements shall be: manufactured
or mobile home site area, five thousand square feet; minimum site
width, fifty feet; front yard setback, twenty feet; and each side
yard setback and rear yard setbacks, five feet.
3.
For any manufactured or mobile home or addition
thereto not exceeding one story in height, the minimum lot requirements
shall be: manufactured or mobile home site area, six thousand square
feet; minimum site width, fifty feet; front yard setback, twenty feet;
and each side yard setback, five feet; and rear yard setback, twenty
feet. Furthermore, where such units are to be utilized, all roads
within the manufactured or mobile home park and the incidental drainage
shall comply with County road specifications for private campground
subdivisions, as adopted by the County Commissioners. Collector roads
and minor roads shall be determined by the Planning Commission. Additionally,
adequate easements or rights-of-way for utilities shall be provided.
C.
Cooperative manufactured and mobile home parks shall
comply with all Department of Health and Mental Hygiene and Department
of Development Review and Permitting regulations and other requirements
prescribed by law or regulations for such use.
D.
All cooperative manufactured and mobile home parks
must have a central sewage collection and disposal system. Sewage
effluent disposal fields and adequate reserve areas must be provided
for in the common areas. In no case shall a subsurface disposal field
or reserve area be contained within the boundaries of any lot.
E.
The documents establishing the cooperative manufactured
or mobile home park shall provide for a managing person or board having
the authority to assess the units in the project for the purpose of
raising the necessary funds to maintain the common areas and common
improvements within the boundaries of the cooperative manufactured
or mobile home park, including without limitation all improvements,
recreational facilities, wastewater systems, water systems, streets,
and roads, the authority to collect such assessments and the responsibility
to maintain any such amenities.
F.
It is the intent of this section to provide a mechanism
whereby those manufactured or mobile home parks permitted to be established
as cooperative manufactured or mobile home parks herein and which
have some degree of nonconformity enjoy the benefit of § ZS 1-122
hereof and be entitled to retain the benefits of such section despite
their formation into cooperative manufactured or mobile home parks
and further to ensure compliance with the provisions of this subsection
to provide for the health, safety and welfare of the people of Worcester
County and the occupants of such manufactured or mobile home parks.
G.
Cooperative manufactured and mobile home parks shall
be inspected annually to determine compliance with the provisions
hereof. Any violations on individual lots shall be deemed to be the
responsibility of both the cooperative shareholder and the collective
ownership organization and enforcement actions against both may be
taken.
H.
Prior to the occupancy or use of any lot or unit
in a cooperative manufactured or mobile home park, a zoning certificate
certifying that all of the requirements of this section have been
fully and completely complied with must be obtained from the Department.
Any such zoning certificate shall be for the entire park, including
all lots or units within the park, and may be revocable at any time
as to any lot or unit in the park or as to the entire park upon not
less than ten days' written notice, providing an opportunity to be
heard, given, in the case of an individual lot or unit, to the owner
or, in the case of an entire park, to the authority responsible for
the park. Upon revocation of the zoning certificate, the lot or unit
or, in the case of an entire park, the park may no longer be used
as a cooperative manufactured or mobile home park until it is in full
compliance and a new zoning certificate is issued.
(3)
Conversion of existing rental manufactured and
mobile home parks.
A.
A rental manufactured or mobile home park legally
existing as of October 19, 2004, may be converted to a cooperative
manufactured or mobile home park in accordance with the procedures
and requirements of this Title.
1.
Unless expanded pursuant to this Title, the rental
manufactured or mobile home park cannot contain more sites than those
legally existing as of October 19, 2004.
2.
When the area and/or dimensions of a lot or lots
within a manufactured or mobile home park which has existed since
prior to the adoption date of this Title would preclude the use of
the lot by any current commercially available manufactured or mobile
home as determined by the Department, a park trailer which measures
four hundred square feet or greater, exclusive of any additions, may
be permitted to be placed on the lot.
3.
Within the district and under the provisions established
by this Title there may exist manufactured or mobile home parks which
were lawful when established but which are prohibited or restricted
under the terms of this Title. It is the intent of this Title to permit
these existing nonconforming manufactured or mobile home parks to
be converted to cooperative manufactured or mobile home parks subject
to the following provisions:
(i)
Lawfully
existing manufactured or mobile homes in the cooperative manufactured
or mobile home park shall not be deemed nonconforming structures in
such district but shall without further action be considered conforming
structures with respect to their use only.
(ii)
A
manufactured or mobile home may be placed or replaced on any lot within
the cooperative manufactured or mobile home park in accordance with
the provisions of Subsections (c)(4)A and (c)(4)B hereof.
(iii)
Customary incidental accessory structures may be erected on any lot
within the cooperative manufactured or mobile home park.
4.
At the time of conversion to a cooperative manufactured
or mobile home park, the manufactured or mobile home park must possess
all required permits, approvals and licenses from the Maryland Department
of Health and Mental Hygiene, the Worcester County Health Department
and the Department of Development Review and Permitting.
B.
The procedure for the approval of the conversion
of an existing rental manufactured or mobile home park into a cooperative
manufactured or mobile home park shall be as follows:
1.
The developer shall submit a recordable plat along
with two copies thereof to the Department and pay a fee as established
by the County Commissioners. The plat shall include a boundary survey
of the proposed cooperative manufactured or mobile home park in its
entirety, a boundary survey of the individual lots which are intended
to be the units thereof, and a location survey of all improvements,
including recreational facilities, streets and roads, and, schematically,
any proposed improvements not yet constructed within the proposed
cooperative manufactured or mobile home park. It shall also comply
with the following:
(i)
It shall
be drawn on sheets not smaller than eight and one-half inches by eleven
inches and not larger than twenty-four by thirty-six inches. If more
than one sheet is used, an index sheet or key map shall show the entire
proposed cooperative manufactured or mobile home park, with individual
sheets keyed in numerical order.
(ii)
It
shall be prepared by a professional land surveyor or property line
surveyor registered in the State of Maryland and shall be drawn to
scale.
(iii)
It shall contain the following information:
a.
The
name of the cooperative manufactured or mobile home park, which may
not be identical to or confusingly similar to the name of any existing
subdivision or manufactured or mobile home park in the County.
b.
The
signatures and names of all owner(s), said names to be printed below
the signature line(s).
c.
The
signature, name, registration number, seal and mailing address of
the surveyor responsible for the plat.
d.
The
date of the original preparation of the plat and dates of any revisions.
e.
A
North arrow, such that it is oriented towards the top of the page.
f.
A
graphic scale.
g.
A
vicinity map with appropriate data identifying the general location
of the park.
h.
The
pertinent Chesapeake or Atlantic Coastal Bays Critical Area designation
and the delineation of the one-hundred-year floodplain, if applicable.
i.
The
boundary lines for each lot or unit created, including the gross area.
Boundary lines shall be drawn to scale and shall be marked, locatable
and maintained in the field. Adequate control points shall be provided
on the ground such that the boundaries of each site are verifiable.
In no case shall such control points be located more than three hundred
feet apart.
j.
The
names of abutting roads or rights-of-way, if any, including the right-of-way
width as listed with the Worcester County Department of Public Works,
Roads Division, or the Maryland State Highway Administration.
k.
The
location, width, use and ownership of any rights-of-way or easements
within the cooperative manufactured or mobile home park.
l.
The
deed reference for the parcel being converted.
m.
The
tax map and parcel number of the parcel being converted.
n.
The
following statement shall appear on the plat: "Based upon the Federal
Emergency Management Agency Flood Insurance Rate Map Community-Panel
Number 240083-_______, dated ________, this property is located in
zone ________."
o.
The
following statements, either on the plat or attached to the plat,
shall be provided and signature blocks and statements of public agencies
shall also be provided where required:
[i]
"The grant of a permit or approval of this park shall not constitute
a representation, guaranty or warranty of any kind by Worcester County
or by any official or employee thereof of the practicability, buildability
or safety of any occupancy of the proposed use and shall create no
liability upon the County, its officials or employees."
[ii]
"Any approval by the Department of the Environment of any sewer or
water system or suitability thereof is based upon state and County
standards existing as of the date of approval. Such standards are
subject to change and current standards must always be met for occupancy."
2.
The developer shall submit a set of the proposed
documents establishing the cooperative housing corporation and the
cooperative manufactured or mobile home park to the Department.
3.
The Department shall review the submittals and if
the plat contains the information required herein and the cooperative
manufactured or mobile home park complies with the requirements herein,
the Department shall sign the plat as approved. The plat shall also
be submitted by the Department to the Environmental Programs Division
for approval pursuant to the Department of Health and Mental Hygiene
regulations. Upon approval it shall be signed by the Environmental
Programs Administrator evidencing approval of the sewer and water
system.
4.
Once approved and signed by the Department and by
the Environmental Programs Division, the plat shall be recorded among
the land records of Worcester County at the time of the establishment
of the cooperative manufactured or mobile home park and a copy as
recorded with recording references shall be delivered to the Department
by the developer. The aforementioned signatures shall be sufficient
to constitute County approval for purposes of recording.
5.
The units of the cooperative manufactured or mobile
home park shall be the lots as shown on the plat. Lot lines of the
lots shall be as delineated on the plat and shall be clearly marked
and maintained in the field.
(4)
Expanded or enlarged cooperative manufactured or
mobile home parks.
A.
All expansions or additions to existing cooperative
manufactured or mobile home parks shall comply the following regulatory
requirements, in addition to those contained in Subsections (f)(1)
and (f)(2) hereof, shall apply.
B.
Where manufactured or mobile home parks are allowed
by special exception and for all expansions or enlargements of an
existing nonconforming cooperative manufactured or mobile home park
pursuant to § ZS 1-122 hereof, the special exception
application shall be accompanied by a conceptual site plan as required
in § ZS 1-116 hereof. The Board of Zoning Appeals shall
review the application for special exception in concept only. In granting
a special exception for an expansion or addition of a cooperative
manufactured or mobile home park, the Board of Zoning Appeals may
require that the existing portion of the manufactured or mobile home
park comply with all or some of the provisions imposed on the expanded
or added area as part of the approval.
C.
All expanded or enlarged cooperative manufactured
or mobile home parks shall be subject to site plan review and approval
by the Planning Commission in accordance with the provisions of § ZS 1-325
hereof. In the approval of a site plan for a cooperative manufactured
or mobile home park, the Planning Commission may require special conditions
to be met, such as additional setback requirements, additional landscaping,
sidewalks, drainage facilities, traffic control and deed restrictions,
in order to safeguard the general health, safety and welfare of the
public.
D.
Once the aforementioned site plan has been reviewed
and approved by the Planning Commission, the developer shall submit
a recordable plat and the proposed documents establishing the cooperative
manufactured or mobile home park, said plat and documents to be in
accordance with Subsection (f)(3)B hereof and to follow the same procedural
format.
E.
No site plan or plat approval for a cooperative
manufactured or mobile home park shall be granted until the Department
of Public Works, Roads Division, has reviewed and approved the proposed
design and construction of the park's roads, parking and drainage
facilities and the placement of the manufactured or mobile home units
in relation to such facilities. All roads in cooperative manufactured
or mobile home parks shall comply with the roads standards for campground
subdivisions. All roads in cooperative manufactured or mobile home
parks shall be private and shall not be accepted by the County Commissioners
for maintenance. Adequate easements or rights-of-way for utilities
shall be provided.
(a)
Purpose and intent. Residential
planned communities are intended to encourage the best possible design
of building forms and site planning for tracts of land under a unified
plan of development. Holistic control over an entire development,
rather than lot-by-lot regulation, and flexibility in requirements
is intended to produce a well-designed development that will provide
a variety of housing types, preserve open space and natural vegetation
for scenic and recreational uses, reduce impervious surfaces, and
have a beneficial effect upon the health, safety and general welfare
of the people of the County. The regulations established in this section
allow flexibility and thus permit and encourage more imaginative and
environmentally sensitive development. To ensure that a residential
planned community shall conform to the character and nature of the
district in which it is located, achieve a maximum of coordination
between the residential planned community and neighboring land uses,
promote the intent and purposes of this Title and encourage the most
appropriate use of land within the area of the residential planned
community, specific and additional standards are established as set
forth in this section.
(b)
Classification, location and area requirements. Residential planned communities shall be reviewed and approved by
the pertinent body and shall be designated as either minor or major.
Major residential planned communities shall be established as floating
zones by the County Commissioners. Minor residential planned communities
shall be defined as those having twenty or fewer residential units
while major residential planned communities shall be those having
more than twenty residential units. A series of separate minor residential
planned communities created from the same parcel as it existed on
the effective date hereof shall be considered a major residential
planned community when the cumulative effect of such separate residential
planned communities meets the criteria of a major residential planned
community. Residential planned communities may be permitted in accordance
with the provisions hereof in the E-1, V-1, R-1, R-2, R-3 and R-4
Districts. Land zoned RP which is within the boundaries of the property
subjected to a residential planned community may be included within
the residential planned community boundaries. Land within the boundaries
of the residential planned community which is located in any C or
CM District may be included in the residential planned community if
the area of the C or CM District does not exceed five percent of the
gross area of a minor residential planned community or fifteen percent
of the gross area of a major residential planned community. Furthermore,
each major residential planned community containing land in the C
or CM District shall utilize a minimum of fifty percent of the gross
acreage of the C or CM zoned land for retail or service uses as permitted
in the C-2 General Commercial District somewhere in the project.
[Amended 8-15-2017 by
Bill No. 17-8]
(c)
Permitted uses and structures. The following uses and structures may be permitted in a residential
planned community:
(1)
Minor residential planned communities: Permitted
principal uses and structures shall be limited to the permitted principal
uses and accessory uses allowed by the district regulations of the
underlying zoning district. Any use allowed by special exception is
permitted in a minor residential planned community, provided the approval
of the Board of Zoning Appeals is obtained. Commercial use up to the
maximum percentage cited herein shall be limited to the permitted
principal uses cited in the C-1 Neighborhood Commercial District regulations.
(2)
Major residential planned communities: Permitted
principal uses and structures shall be the permitted principal uses,
special exception uses and accessory uses allowed by the R-4 General
Residential District, regardless of the underlying zoning district.
Residential units may be located in, over or as a part of buildings
or structures also used for commercial purposes. Commercial use up
to the maximum percentage cited herein shall be limited to the permitted
principal and special exception uses cited in the C-2 General Commercial
District regulations. Uses cited as special exceptions uses shall
not require approval by the Board of Zoning Appeals.
(3)
Any use or structure which is determined by the
County Commissioners to be of the same general character as the above-permitted
uses or accessory uses not specifically mentioned in another district
but is deemed by the County Commissioners to be compatible with the
character and intent of the residential planned community.
(d)
Area limitations for uses. Within a residential planned community, the following percentages
of the total gross lot area [as defined in § ZS 1-305(a)
hereof] but excluding state wetlands [as defined in § ZS 1-103(b)
hereof] shall be devoted to the following uses:
(1)
For minor residential planned communities:
A.
Retail and service uses: a maximum of five percent
and limited to the permitted principal uses cited in the C-1 District
regulations. No retail or service uses are permitted in a residential
planned community in the E-1 District.
B.
Common use open space and recreational areas: While
a minimum percentage is not required, common use open space and recreational
areas are encouraged. Where possible, those areas contained in the
one-hundred-year floodplain should be dedicated as open space or recreational
areas.
C.
Residential uses: There is no maximum percentage.
Residential use shall be limited to single-family and two-family dwellings,
multi-family dwellings, townhouses, manufactured homes and planned
senior developments. Land devoted to residential use shall be deemed
to include those streets, alleys and parking and service areas which
abut and service primarily the residences or groups of residences.
(2)
For major residential planned communities:
A.
Retail and service uses: a maximum of twenty percent
and limited to the permitted principal and special exception uses
cited in the C-2 District regulations. No retail or service uses are
permitted in a residential planned community in the E-1 District.
B.
Common use open space: a minimum of thirty percent
and in accordance with the following provisions and requirements:
1.
Open space shall be limited to areas for recreation
or the growing of trees, vegetable, field or nursery crops or for
purposes of conservation of natural resources. Where possible, those
areas contained in the one-hundred-year floodplain should be dedicated
as open space.
2.
Recreational areas shall be limited to public and
private noncommercial social and recreational areas, public and private
(commercial and noncommercial) golf courses, private (noncommercial)
marinas and playgrounds.
3.
The terms "open space" and "recreational areas"
shall not include space devoted to roads and parking. Except as provided
in Subsection (d)(2)B2 hereof, open space shall be free of residential,
service, business or industrial structures and uses.
4.
Reasonable restrictions and fees may be placed upon
the use of active recreation areas.
5.
Requirements for open space shall be as follows:
(i)
A minimum
of fifty percent of the required open space must be retained in its
natural state and not used to satisfy the requirements for passive
or active recreation. No more than fifty percent of this area may
be private wetlands.
(ii)
A
minimum of ten percent of the required open space must be for active
recreation.
(iii)
A minimum of twenty percent of the required open space must be for
passive recreation.
(iv)
All
open space and areas for active and passive recreation required by
Subsection (d)(2)B5 hereof shall be dedicated, developed and perpetually
protected to satisfy the requirements as contained herein.
6.
The Planning Commission may grant waivers to this
subsection where it determines that conditions exist such that the
full provisions for open space as required by this subsection are
otherwise satisfied. The Planning Commission shall consider proximity
to public open spaces, lot size and other appropriate factors.
C.
Residential uses: a maximum of seventy percent.
Residential use shall be limited to single-family and two-family dwellings,
multi-family dwellings, townhouses, manufactured homes and planned
senior developments. Land devoted to residential use shall be deemed
to include those streets, alleys and parking and service areas which
abut and service primarily the residences or groups of residences
but may not include usable open space or recreational areas.
(e)
Residential density. The
maximum number of residential units which may be permitted in a residential
planned community in areas other than those designated as Growth Areas
by the Land Use chapter of the Comprehensive Plan shall be as follows.
Major fractions of units may be counted as a full unit.
(1)
In the E-1 District, one unit per two acres of
the total gross lot area exclusive of any land in the RP, C or CM
Districts.
(2)
In the V-1 District, five units per one acre of
the total gross lot area exclusive of any land in the RP, C or CM
Districts.
(3)
In the R-1 District, one unit per one acre of the
total gross lot area exclusive of any land in the RP, C or CM Districts.
(4)
In the R-2 District, four units per one acre of
the total gross lot area exclusive of any land in the RP, C or CM
Districts.
(5)
In the R-3 District, six units per one acre of
the total gross lot area exclusive of any land in the RP, C or CM
Districts.
(6)
In the R-4 District, eight units per one acre of
the total gross lot area exclusive of any land in the RP, C or CM
Districts.
(7)
Land in the RP, C or CM Districts may be included
within the residential planned community in accordance with Subsection
(b) hereof but the acreage of such land may not be included within
the total lot area used for the calculation of permitted density.
(f)
Residential planned communities in areas
designated as Growth Areas by the Land Use chapter of the Comprehensive
Plan. Such projects shall promote mixed-use community
centers with declining density toward the perimeter of the growth
area, thus creating a center, an edge and a variety of housing types
in between. The average residential density shall be no less than
three and one-half dwelling units per acre of the total lot area used
for residential, open space and recreation purposes. The core of the
growth area should provide a maximum density of up to ten dwelling
units per acre and mixed uses to provide commercial services to meet
the residents' and visitors' needs and various housing types. Maximum
lot sizes at the growth area's core shall not exceed five thousand
square feet. Residential densities shall decrease as one moves away
from the core of the growth area, to a perimeter density of not more
than one dwelling unit per acre. Maximum lot sizes at the growth area's
perimeter shall not exceed twenty thousand square feet. A surrounding
natural forested or agricultural greenway should be the outermost
perimeter of the growth area in order to blend into the surrounding
landscape. The densities cited herein are applicable to the growth
area as a whole, not to individual parcels within the growth area.
Individual projects should be reviewed relative to their placement
within the growth area and how their proposed design helps achieve
the growth area's design principles and densities cited herein.
(g)
Lot, road and parking requirements. For individual structures, there shall be no minimum lot area, setback,
bulk, lot width, area or road frontage requirements. Such standards
shall be as approved by the Planning Commission. No structure or group
of structures, such as semidetached dwellings or a row of townhouses,
shall be erected within ten feet of any other structure or group of
structures. The supplemental regulations contained in Subtitle ZS1:III
hereof shall apply. All roads, parking areas and access points shall
meet County standards. However, in those areas designated for commercial
uses, the parking space dimensions of not less than sixty percent
of the required parking shall measure not less than ten feet in width
and eighteen feet in length. The parking space dimensions of not more
than forty percent of the required parking shall measure not less
than nine feet in width and eighteen feet in length.
(h)
Height regulations. Buildings
and structures within two hundred feet of the development perimeter
shall be limited to the maximum height permitted by the underlying
zoning district. All other buildings in the residential planned community
shall be limited to a maximum height of six stories and seventy feet.
No accessory structure shall exceed either two stories or twenty-five
feet in height.
(i)
Other regulations. In regulating
the development of a residential planned community, the provisions
of this section shall first apply. When a matter is not specifically
regulated by this section, the other provisions of this Title and
of the underlying zoning district in which the residential planned
community is located shall apply.
(j)
General design standards. In order to provide for more efficient use of land, protection of
the environment, more livable communities, and consistency with the
Comprehensive Plan, the following design standards shall apply to
all residential planned communities:
(1)
All development plans shall first identify key
environmental features and then design the development plan in such
a manner as to protect and avoid disturbance of these resources. Special
consideration shall be given to wetlands, forested areas, existing
significant trees, floodplains, source water and aquifer recharge
protection areas, areas of critical or special habitat, water bodies
on the state's impaired waters list or having an established total
maximum daily load requirement and other important environmental features.
(2)
Particularly for major residential planned communities,
provide clustered, mixed use (where appropriate), pedestrian-scale
development, preferably taking its design guidance in terms of scale,
layout, uses, architectural style and landscaping from existing County
towns and villages, to allow convenient access to products and services,
improve community vitality and diminish the need for vehicle trips.
(3)
Cluster residential and commercial land uses to
minimize the consumption of vacant lands, maximize open space and
reduce impervious surfaces.
(4)
Limit the use of culs-de-sac and dead-end streets
and instead promote street, trail and sidewalk connectivity to reduce
vehicle miles traveled and improve community walkability.
(5)
Preserve existing forested areas and natural areas
as greenways within and around developments for environmental and
recreational purposes and to blend the man-made and natural environments.
(k)
Review and approval procedure.
(1)
For minor residential planned communities: Review
and approval shall take place in two steps. The first step must be
completed in its entirety, including the obtaining of all necessary
approvals, prior to initiating the second step.
A.
Step I concept plan approval. In this step the applicant
shall submit adequate plans and other pertinent documents sufficiently
addressing the required elements for review by the Technical Review
Committee and Planning Commission and this submission shall constitute
the residential planned community application.
1.
The Step I concept plan shall include the following:
(i)
A sketch
plan at a readable scale. The submitted plan shall show contours at
five-foot intervals, except where the average slope is less than three
percent, in which case two-foot contours are required, all existing
natural and man-made features, existing zoning, a vicinity map, and
the Chesapeake or Atlantic Coastal Bays Critical Area boundary and
designation, if applicable.
(ii)
A
preliminary determination of sensitive areas, including but not limited
to a preliminary delineation of any tidal or nontidal wetlands, a
delineation of the one-hundred-year floodplain, and a forest stand
delineation, particularly existing significant trees.
(iii)
A conceptual schematic plan generally identifying the type, location,
densities and acreage of all proposed land uses.
(iv)
A
requested land use density for the total project.
(v)
A schematic
plan generally identifying the proposed drainage pattern and potential
stormwater management measures.
(vi)
The
proposed method and adequacy of wastewater disposal and potable water
supply.
(vii)
A written statement addressing the residential planned community's
consistency with the Comprehensive Plan, zoning regulations and other
established development policy guidelines, its topography and relationship
to existing natural and man-made features, both on site and in the
immediate vicinity, efforts to adequately protect sensitive areas,
the availability and suitability of vehicular access, and the availability
and adequacy of water and sewer facilities.
(viii)
Such other information as the Technical Review Committee or Planning
Commission may require.
2.
The Technical Review Committee shall meet with the
applicant to review the Step I concept plan and shall subsequently
in writing identify areas of concern and issues to be addressed by
the Planning Commission. The Technical Review Committee may solicit
other agency comments prior to making its recommendation and may require
additional information, studies or reports.
3.
The Planning Commission shall then meet with the
applicant to review the Step I concept plan and the Technical Review
Committee's comments and recommendations. The Planning Commission
shall address the areas identified by the Technical Review Committee
and such other areas of concern and such requirements as it may deem
necessary and appropriate. The Planning Commission shall take action
to either approve, with or without conditions, or disapprove the Step
I concept plan and thus the residential planned community application.
Alternatively, the Planning Commission may remand the residential
planned community application back to the Technical Review Committee
for further review and refinement and then subsequently consider and
act upon the revised application. The Planning Commission's findings
and decision shall be made in writing and made a part of the record.
Once the Planning Commission has approved the Step I concept plan,
the applicant may proceed with seeking approval of the Step II implementation
plan.
B.
Step II implementation plan. This step shall guide
the project through the customary subdivision process as prescribed
in Title 2 of this Article or the site plan review process as prescribed
in § ZS 1-325 hereof, as appropriate.
1.
The Step II implementation plan consists of detailed
subdivision plats or site plans which shall be submitted for review
and approval in the manner specified in the subdivision and site plan
regulations as applicable. All such plats or plans shall conform to
Step I concept plan approvals. The Technical Review Committee or Planning
Commission may request such information and details on the plats or
plans as is determined necessary. Any construction shall comply with
the approved Step II implementation plan.
2.
Requirements relative to action by the Planning
Commission on the Step II implementation plan shall be those specified
in the subdivision or site plan regulations as applicable.
3.
Expiration of subdivision plats or site plans approved
as part of the Step II implementation plan shall be as prescribed
in Title 2 of this Article or in § ZS 1-325 hereof,
respectively. In the event of the expiration of the Step II approval,
all previous residential planned community approvals, including the
Step I concept plan approval, are rendered null and void.
(2)
For major residential planned communities: Review
and approval shall take place in three sequential steps. Each step
must be completed in its entirety, including the obtaining of all
necessary approvals, prior to initiating the next step.
A.
Step I concept plan approval. In this step the applicant
shall submit adequate plans and other pertinent documents sufficiently
addressing the required elements for review by the Technical Review
Committee, Planning Commission and the County Commissioners and this
submission shall constitute the residential planned community application.
1.
The Step I concept plan shall include the following:
(i)
A sketch
plan at a readable scale. The submitted plan shall show contours at
five-foot intervals, except where the average slope is less than three
percent, in which case two-foot contours are required, all existing
natural and man-made features, existing zoning, a vicinity map, and
the Chesapeake or Atlantic Coastal Bays Critical Area boundary and
designation, if applicable.
(ii)
A
preliminary determination of sensitive areas, including but not limited
to a preliminary delineation of any tidal or nontidal wetlands, a
delineation of the one-hundred-year floodplain, a forest stand delineation,
greenways, areas of critical or special habitat, source water and
aquifer recharge protection areas, and proposed methods for protection
of important environmental features.
(iii)
A conceptual schematic plan generally identifying the type, location,
densities and acreage of all proposed land uses.
(iv)
A
requested land use density for the total project.
(v)
A schematic
plan generally identifying the proposed drainage pattern and potential
stormwater management and minimization of impervious surfaces.
(vi)
A
preliminary capacity and availability analysis of water and wastewater
facilities for projects proposed to be served by existing public utilities
or, where new facilities are proposed to serve the project, a preliminary
feasibility analysis of wastewater disposal capabilities and potable
water production.
(vii)
The existing and proposed circulation patterns for vehicles, pedestrians
and bicycles, both internal and external to the project, and a preliminary
capacity analysis of the existing road network's ability to serve
the project without undue detriment to levels of service.
(viii)
Such other information as the Technical Review Committee, Planning
Commission or County Commissioners may require.
(ix)
A
written statement addressing the following:
a.
The
residential planned community's conformance with the goals, objectives
and recommendations of the Comprehensive Plan, compliance with the
zoning regulations and other established development policy guidelines,
and with the Comprehensive Plan, zoning regulations, development policy
guidelines and annexation policies of any municipality within one
mile of the proposed project's boundaries.
b.
The
general location of the site, a description of existing and anticipated
land use in the immediate vicinity and the residential planned community's
compatibility with those land uses.
c.
The
availability and adequacy of public facilities, services and utilities
to meet the needs of the residential planned community and the long-term
implications the project would have on subsequent local development
patterns and demand for public facilities and services.
d.
The
consistency of the residential planned community with the general
design standards as contained in Subsections (j)(1) through (j)(5)
hereof.
e.
The
relationship of the residential planned community's proposed construction
schedule, including any phasing, and the demand for and timely provision
of public facilities, services and utilities necessary to serve the
project.
f.
The
capacity of the existing road network to provide suitable vehicular
access for the residential planned community, the appropriateness
of any existing or proposed improvements to the transportation network,
the adequacy of the pedestrian and bicycle circulation, and the proposed
means of connectivity of the project to surrounding residential, commercial
and recreational development and uses.
g.
The
relationship of the proposed method of wastewater disposal and provision
of potable water service with the goals, objectives and recommendations
of the Comprehensive Plan, Comprehensive Water and Sewer Plan, and
other established policy guidelines.
2.
The Technical Review Committee shall meet with the
applicants and shall review the residential planned community application,
including the Step I concept plan and required written statement.
The Technical Review Committee shall, subsequent to the meeting and
review, identify areas of concern and issues to be addressed by the
Planning Commission. It shall report its findings and recommendations
to the applicants and to the Planning Commission in writing in a report
known as the "Technical Review Committee Report." The Technical Review
Committee may solicit other agency comments prior to making its report
and may require additional information, studies or reports. The Technical
Review Committee shall review the submission and present its report
within ninety days after receipt of the applicant's submission of
a complete application, unless extended by the Planning Commission.
3.
The Planning Commission shall then meet with the
applicant to review the submission and the Technical Review Committee
Report and may as a group visit the site of the proposed project.
The Planning Commission shall produce findings based on the items
considered under Subsections (k)(2)A1(ix)a through (k)(2)A1(ix)g hereof.
The Planning Commission shall also produce a recommendation to the
County Commissioners as to approval or disapproval of the residential
planned community application, which may address the areas identified
in the Technical Review Committee Report and such other areas of concern
and such requirements as the Planning Commission may deem necessary
and appropriate to advise the County Commissioners. The Planning Commission
shall submit its recommendation within ninety days after receipt of
the Technical Review Committee Report, unless extended by the County
Commissioners.
4.
The County Commissioners shall consider the application
and recommendation and hold a public hearing within ninety days of
receipt of the Planning Commission's recommendation, unless extended
by the County Commissioners. The hearing shall have the same procedural
formalities as a map amendment as described in § ZS 1-113(c)
hereof. Notice of such public hearing shall be as required in § ZS 1-114
hereof. The County Commissioners shall review the application, Technical
Review Committee Report and Planning Commission's recommendation and
shall, following the public hearing, approve or disapprove the application
and, if approved, establish the residential planned community floating
zone. Failure of the County Commissioners to reach a formal decision
to approve or disapprove the application within six months of the
public hearing shall constitute a denial of the application. In granting
an approval, the County Commissioners may impose conditions which
shall become a part of the approval regulating the residential planned
community. In addition, the County Commissioners may require independent
reports of consultants, at the expense of the developer, prior to
Step I concept plan approval. Any residential planned community approved
by the County Commissioners must be unconditionally accepted as approved,
in writing, by the applicant requesting such use within ninety days
after approval by the County Commissioners. Failure to so accept,
in writing, any such residential planned community so approved by
the County Commissioners shall be considered a rejection and abandonment
by the applicant of the approval, and thereafter any such residential
planned community so approved shall be null and void and of no effect
whatsoever. Any transfers of the property shall be subject to the
approved plan. Step I concept plan approval by the County Commissioners
shall be considered a reclassification and subject to appeal as such.
5.
Step I approval shall automatically expire and terminate
unless the Step II approval is obtained within one year from the date
of Step I approval. The County Commissioners may extend the Step I
approval for a maximum of one additional year, provided the one-year
extension is requested not less than sixty days prior to the expiration
of the Step I approval and granted prior to expiration as well.
B.
Step II master plan approval. Upon completion of
Step I, an applicant shall develop and submit to the Technical Review
Committee and the Planning Commission a detailed plan which shall
serve as a master plan for the entire project and which shall be in
accordance with the Step I approval.
1.
The applicant shall meet with the Technical Review
Committee and Planning Commission in that order. The Planning Commission
shall have the authority to approve or disapprove the application.
2.
The master plan shall conform to the regulations
as set forth in this Title and include any details and specifications
as may be required by the Technical Review Committee and the Planning
Commission. The master plan shall include, at a minimum, the following:
(i)
An accurate
topographic and boundary line survey of the project site, including
the survey location of the perimeter of all forested areas, existing
significant trees, the one-hundred-year floodplain line, the Critical
Area boundary line, where applicable, the tidal and nontidal wetland
lines and their buffers, location of important habitat or sensitive
areas, and source water and aquifer recharge areas and a location
map showing its relationship to surrounding properties.
(ii)
Proposed
extent of forest clearing, wetland and buffer impacts, Critical Area
buffer impacts or variances, and the proposed percentage of impervious
area.
(iii)
The use, type, size and location of proposed structures, particularly
with regard to the provision of mixed uses and clustering.
(iv)
The
general size, arrangement and location of any lots and proposed building
groups.
(v)
The
pattern of existing and proposed access points, public and private
roads, vehicular travelways, parking, pedestrian and bicycle paths,
internal and external circulation and connectivity, particularly to
surrounding residential, commercial and recreational development and
uses, and the intended design and construction standards.
(vi)
The
general location, type and size of proposed landscaping.
(vii)
The location of existing and proposed water and wastewater facilities,
including how and when such facilities are to be provided.
(viii)
Architectural drawings, elevations, sketches or models illustrating
the general design, character and pedestrian-scale of the proposed
structures and a written description of how they relate to the architectural
style and landscape design in the existing County towns, villages,
and surrounding development.
(ix)
The
general location of recreational and open space areas and areas reserved
or dedicated for public uses, such as schools, community centers,
libraries, fire stations and park sites, and any open space to be
owned and maintained by a property owners' association. Areas proposed
for active and passive recreation shall be shown, along with a description
of the facilities and equipment to be provided in these areas.
(x)
The
existing topography and drainage pattern and the proposed stormwater
management system showing basic topographic changes.
(xi)
Statistical
data on the total size of the project area, density computations,
proposed number of residential units by type, compliance with area
limitations and requirements for uses, area in streets, area in parking
and parking tabulation and any other similar data pertinent to a comprehensive
evaluation of the proposed development.
(xii)
A detailed time schedule for the implementation and construction
of the development and, if appropriate, a plan for phasing the construction
of the residential planned community, showing the general geographical
coverage of future plats or plans, their approximate sequence of submission,
each of which must meet pertinent requirements either on their own
or in conjunction with prior phases.
3.
The Technical Review Committee will meet with the
applicant and review the Step II master plan and any associated documents.
The Technical Review Committee shall, within ninety days after the
submission of a complete application, submit its written findings
and recommendation to the Planning Commission. In the review of the
application, the Technical Review Committee and, subsequently, the
Planning Commission shall be guided by the standards set forth in
this Title and principles of good planning and shall also give consideration
to whether:
(i)
The
plans for the development fulfill the goals and objectives and comply
with the recommendations of the Comprehensive Plan and are compatible
with and complement the character and nature of existing and anticipated
development in the vicinity of the proposed development.
(ii)
The
design of the development will, as its first priority, protect to
the greatest extent feasible existing forested areas and greenways,
floodplains, the Critical Area, where applicable, tidal and nontidal
wetlands, sensitive areas or special habitats, and source water and
aquifer recharge areas.
(iii)
The residential planned community's design lends itself to a clustered,
pedestrian scaled development, providing mixed uses where appropriate,
and is in keeping with the scale, layout, uses, architectural style
and landscape design of existing County towns and villages and blends
the natural and built environments.
(iv)
The
residential planned community's design minimizes impervious surfaces
and the consumption of vacant lands while maximizing open space.
(v)
The
project's layout and design promote street, trail and sidewalk connectivity
within the project and to and through adjoining properties and neighborhoods.
(vi)
The
types and extent of uses and structures in the project will not adversely
affect the future development or value of undeveloped neighboring
areas or the use, maintenance and value of neighboring areas already
developed.
(vii)
The development will secure for the residents of the County a development
which is consistent with the Comprehensive Plan and which is compatible
with and complementary to established development in the County.
4.
The Planning Commission will meet with the applicant
and review the Step II master plan, any associated documents and the
Technical Review Committee's recommendations. In its review, the Planning
Commission is empowered to request any changes or additional information
that it may deem necessary. Following its review, the Planning Commission
shall either approve or disapprove the application. In the case of
disapproval, the Planning Commission shall present the applicant with
a written report of its findings, including the reasons for disapproval.
In the case of approval, the Planning Commission may attach conditions
concurrent with the approval of the residential planned community
and impose time limits on the development.
5.
Substantial modification of the plan, as determined
by the Department, may only be processed as a new Step II master plan
in accordance with the provisions hereof and shall require Planning
Commission review and action. Any significant modification to the
detailed time schedule will require Planning Commission approval upon
a showing of reasonable cause by the developer filed in writing. Minor
modifications to the Step II master plan may be approved by the Department
when limited to the layout, road alignment, landscaping, and stormwater
management. Other amendments to the Step II approval and any conditions
which may be imposed thereon may be granted by the Planning Commission
upon the request of the applicant. Changes in the density or bulk
of the residential planned community's structures may only be approved
by the County Commissioners as an amendment to the approved Step I
concept plan after a duly advertised public hearing where they determine
the change to be of such significance that a public hearing is necessary.
6.
Failure to comply with the conditions and regulations
as herein established and as specifically made applicable to a particular
project may be cause for cancellation of the approval for said project.
7.
All approvals shall be in writing. An applicant
may withdraw an application for a residential planned community at
any time within sixty days after Step II master plan approval. In
the event of withdrawal, the Step I concept plan and Step II master
plan approvals shall be rendered null and void.
8.
Step III implementation plan approval must be obtained
within three years from the date of the Step II master plan approval
or the Step I concept plan and Step II master plan approvals shall
automatically expire. Provided that a request for extension is made
in writing no less than sixty days prior to the expiration, the Planning
Commission may grant a single one-year extension to the Step II master
plan approval. For the purposes of this subsection, Step III implementation
plan approval shall be construed to be obtaining the approval of final
plats or site plans, as appropriate, for no less than twenty percent
of the residential units or residential lots in the residential planned
community.
9.
The Department shall delineate and designate approved
residential planned communities on the Official County Zoning Maps
for informational and reference purposes.
C.
Step III implementation plan approval. This step
shall guide the project through the customary subdivision process
as prescribed in Title 2 of this Article or the site plan review process
as prescribed in § ZS 1-325 hereof, as appropriate,
and the project shall be subject to all procedures and requirements
as contained therein. All subdivision plats, site plans or other necessary
documents submitted as part of the Step III implementation plan shall
be in accordance with the approved Step II master plan.
1.
Detailed implementation plans consisting of subdivision
plats or site plans, as appropriate, shall be submitted to the Technical
Review Committee and Planning Commission for review and approval.
All such plans shall conform to the approved Step II master plan.
2.
Construction shall not commence until all required
approvals and permits have been obtained and all construction must
be conducted in accordance with the approved subdivision plats, site
plans or other necessary documents that serve as the approved Step
III implementation plan.
3.
Limitations on review time and the expiration of
subdivision plats or site plans approved as part of Step III implementation
plan shall be as prescribed in Title 2 of this Article or in § ZS 1-325
hereof, respectively. In the event of the expiration of the Step III
implementation plan approval, all previous residential planned community
approvals, including the Step I concept plan and Step II master plan,
are rendered null and void.
(l)
Appeals. There shall be
but one opportunity for appeal to the Circuit Court from a decision
of the County Commissioners or Planning Commission under this section.
That appeal shall be from the action of the County Commissioners or
Planning Commission in granting, conditioning or denying the Step
I concept plan application for a major or minor residential planned
community, respectively, and shall be subject to appeal in the same
manner as a map amendment.
(a)
Purpose. The purpose and
intent of this section is to encourage the best possible design of
planned senior developments (PSD), under a unified plan of development
intended to provide comprehensively planned housing for senior citizens
over the age of fifty-five years and to provide those services necessary
for the community's residents to allow those individuals to function
despite declining mobility, perception and cognition which may occur
with aging. The regulations established in this section are intended
to provide a variety of housing types and care facilities and to preserve
open space and natural vegetation for scenic and recreational uses,
thereby contributing to the health, safety and general welfare of
the residents within a neighborhood that is compatible in terms of
land use, building type and population mix. Unitary control over the
entire process is intended to foster a comprehensive design of the
planned senior development, utilizing the site's potential for privacy,
recreation, socialization, transportation and other beneficial living
activities for the community's residents.
(b)
Resident limitations. At
least one person in each dwelling unit or assisted living unit must
be at least fifty-five years of age, and no more than three persons
may reside in a dwelling unit or assisted living unit.
(c)
Location and area requirements. The planned senior development is permitted as a special exception
in the R-1, R-2, R-3 and R-4 Districts, upon review and approval by
the Board of Zoning Appeals and Planning Commission. The minimum required
lot area for a planned senior development shall be ten acres in all
districts.
(d)
Permitted uses and structures. The following uses and structures may be permitted in a planned
senior development:
(1)
Single-family and two-family dwellings.
(2)
Multi-family dwellings.
(3)
Residential structures which may contain independent
living units, assisted living units, adult day-care facilities and/or
nursing care units which may have interconnecting walks, breezeways,
corridors or similar connecting structures which constitute a single
operating unit.
(4)
Rest homes, nursing homes, assisted living facilities,
and adult day-care facilities.
(5)
Public and private noncommercial cultural, social
and recreational areas and centers, provided that such areas and centers
shall primarily serve the residents of the planned senior development.
(6)
Incidental retail and commercial service establishments
which provide services and retail facilities primarily for the residents
of the planned senior development and which are located within the
principal multi-family residential or institutional structure, including
the following:
A.
Convenience good stores, gift shops, coffee shops,
personal services, professional services, restaurants, health services
and medical clinics.
(7)
Accessory uses to the planned senior development
specifically restricted to serve only the residents of the planned
senior development and their guests and which are located within the
principal multi-family residential or institutional structure, including
the following:
(8)
Any use or structure which is determined by the
Board of Zoning Appeals to be of the same general character as the
above-permitted uses and any accessory uses or structures which, in
the Board's opinion, are incidental and subordinate to any permitted
principal use.
(e)
Area limitations for uses. Within a planned senior development, the following percentages of
the total gross lot area [as defined in § ZS 1-305(a)
hereof] shall be devoted to the following specific uses:
(1)
A minimum of thirty percent for common use open
space and recreational area. A maximum of fifty percent of the required
open space may be wetlands. Open space and recreational areas shall
not include space devoted to roads and parking. Where possible, those
areas contained in the one-hundred-year floodplain should be dedicated
as open space or recreational areas.
(f)
Permitted density. The maximum
number of dwelling units in a PSD shall be ten units per gross acre
of lot area. For the purposes of a PSD, one unit shall be the equivalent
of either three assisted living units or four nursing care beds.
(g)
Lot and road frontage requirements. For individual structures, there shall be no minimum lot area, setback,
bulk, lot width, area or road frontage requirements. Such standards
shall be as approved by the Planning Commission on a site plan prepared
in accordance with § ZS 1-325 hereof. No principal
building shall be constructed closer than fifty feet to the perimeter
property line of the PSD.
(h)
Parking requirements. Parking
for individual uses within the PSD shall be in accordance with the
provisions of § ZS 1-320 hereof. The Planning Commission
may reduce the required parking requirements for the area within the
PSD up to fifty percent of the amount set forth in § ZS 1-320
hereof if it believes, based upon evidence presented by the applicant
and its own investigations, that such a reduced capacity will still
adequately meet the needs of the PSD and the general public.
(i)
Height. Except for certain
other buildings, structures or parts thereof as provided in § ZS 1-305
hereof, no structure shall exceed either six stories or seventy feet
in height.
(j)
Review and approval procedure. The PSD application shall first be reviewed as a special exception
use by the Board of Zoning Appeals pursuant to this section and the
provisions of § ZS 1-116(c)(3) and (d)(4) hereof. After
obtaining use of land approval from the Board of Zoning Appeals, the
PSD application shall be reviewed by the Technical Review Committee
and the Planning Commission pursuant to the provisions of § ZS 1-325
hereof and this section. Construction and development of the PSD shall
be in accordance with the site plan as approved by the Planning Commission
pursuant to § ZS 1-325 hereof.
(k)
Planning Commission criteria. The Planning Commission shall not approve a planned senior development
until it shall find that each of the following criteria has been met:
(1)
The proposed development is sufficient in size
to provide adequate senior living facilities and services for the
community which may be expected to use the development or the project
is located in close proximity to those necessary facilities and services.
(2)
The proposed development is at a location where
traffic congestion does not exist on the roads to be used for access
to the development or where such congestion will be obviated by committed
public road improvement projects or by projects to be undertaken by
the applicant at his expense.
(3)
The proposed development will consist of structures
of an integrated and harmonious design, provided with adequate vehicular,
pedestrian and bicycle circulation, parking, service, utility services
and landscaping.
(l)
Other regulations. In regulating
the development of planned senior developments, the provisions of
this section shall first apply, but when a matter is not specifically
regulated by this section, then the other provisions of this Title
and of the district in which the development is located shall apply.
(m)
Site plan review and required information. The applicant shall prepare a site plan meeting the requirements
of § ZS 1-325 hereof for submission to the Technical
Review Committee and the Planning Commission for review of the proposed
development. In addition, the applicant shall submit the following:
(1)
An outline of the proposed protective covenants,
lease and management and maintenance agreements by which the applicant
proposes to operate the development.
(2)
Evidence that the proposed development will not
be detrimental to or endanger the public health, safety or general
welfare and is consistent with the goals and objectives of the Comprehensive
Plan. This evidence shall take the form of a community impact statement
covering such topics as highway capacity and traffic congestion, the
capacity and availability of public services, including water and
sewer service, air and water pollution, the effect on County revenues
and expenditures, jobs created and such additional information as
may be requested to adequately understand and review the application.
(n)
Permits. No permit shall
be issued for any work in connection with a planned senior development
until the Planning Commission shall have reviewed and approved the
planned senior development.
(a)
Commercial and industrial development
generally. In addition to the standards and provisions
contained elsewhere in this Title, all commercial and industrial development
shall be subject to the provisions of § ZS 1-325 hereof
and to the additional standards as contained herein.
(1)
All commercial or industrial development shall
be subject to the provisions of the Worcester County "Design Guidelines
and Standards for Commercial Uses."
(2)
New development shall be encouraged as commercial
or industrial centers or parks, where uses are designed to be served
by common access and common facilities and grouped near natural activity
centers. Such projects should be of a unified form of development,
with complementary architecture and uses designed under a comprehensive
and coordinated plan and may involve multiple parcels under joint
or separate ownership and a mixture of commercial and/or industrial
zoning district classifications. Highway strip development shall be
avoided.
(3)
All internal roads, vehicular travelways, and parking
areas and all access points to the public road system shall be in
accordance with County development standards.
(4)
Adequately surfaced and lighted on-site parking
shall be provided in accordance with the provisions of § ZS 1-320
hereof.
(5)
Commercial and industrial development shall be
landscaped and buffered from surrounding noncompatible uses in accordance
with the provisions of § ZS 1-322 hereof.
(b)
Development standards for industrial
parks. In addition to the standards and provisions contained
elsewhere in this Title, new industrial development, particularly
light industrial development, shall be encouraged to locate in industrial
parks where industries are designed to be served by common access
and common facilities. The following standards shall guide the layout
and development of industrial parks within the County:
(1)
Landscaping shall be in accordance with the provisions
of § ZS 1-322 hereof.
(2)
Roads within the industrial park shall be designed
and constructed to County road standards and shall be of such design
as to accommodate the anticipated industrial traffic.
(3)
Buildings within the industrial park shall be set
back no less than thirty-five feet from all adjacent roadways.
(4)
Parking shall be concentrated along the rear and
sides of the buildings and shall be kept to a minimum in front of
the buildings in accordance with the standards set forth in the "Design
Guidelines and Standards for Commercial Uses."
(5)
Loading docks and rail sidings shall generally
be located on the rear or sides of buildings.
(6)
In addition to compliance with the provisions of
Subsection (a)(1) hereof, the developer of the industrial park shall
impose reasonable controls on the architecture and construction of
facilities within the development.
(7)
Stormwater management, drainage facilities and
other facilities serving the development shall be designed to serve
the build-out conditions of the industrial park.
(c)
Additional powers of the Planning Commission. In addition to the standards and provisions contained elsewhere
in this Title, the Planning Commission shall have the following powers
and responsibilities:
(1)
The development standards specified in Subsections
(a) and (b) hereof may be modified or waived by the Planning Commission
where it is deemed that strict compliance would cause undue hardship
on the applicant.
(2)
In granting site plan approval under § ZS 1-325
hereof, the Planning Commission may attach such additional conditions
or make such modification to the project as it deems necessary to
ensure full compliance with the provisions and intent of this Title.
(3)
If the project is to involve subdivision, no building
permit shall be issued nor construction begun until the project has
fully complied with the provisions of Title 2, Subdivision Regulations.
The Planning Commission may accept the submission required under § ZS 1-325
hereof in lieu of the sketch plan submission provided for in Title
2, Subdivision Regulations.
(a)
CABIN
(1)
(2)
(3)
CAMPGROUND SUBDIVISION
CAMPSITE
COOPERATIVE CAMPGROUND
LICENSED VEHICLE
MANUFACTURED HOME
MEMBERSHIP CAMPGROUND
MOBILE HOME
RECREATIONAL PARK TRAILER
(1)
(2)
(3)
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
RENTAL CAMPGROUND
TENT
Definitions. For the purposes
of this section, the following definitions shall strictly apply:
A structure built on a permanent foundation or attached to
a permanent chassis and which meets all of the following criteria:
Is designed to provide seasonal or temporary living quarters
for camping and which may be connected to utilities.
Does not exceed a total of four hundred square feet in gross
floor area, including all additions, when set up for occupancy.
Plumbing fixtures and kitchen facilities may be provided.
A group of campsite lots, parcels or units which have been
subdivided in accordance with the provisions of this section and Title
2, Subdivision Regulations, and which are intended and designed to
be occupied by recreational vehicles, park trailers or manufactured
homes, as defined in this section.
A space within a campground used exclusively for camping
purposes. Campsites shall be occupied on a temporary or seasonal basis
only.
A campground wherein the property in its entirety is under
collective ownership by a corporation whose shareholders participate
in the benefits of said collective ownership and shares of the corporation
are owned, entitling an owner or owners to occupancy of a portion
of real estate owned by the corporation. Cooperative campgrounds are
intended and designed to be occupied by recreational vehicles, recreational
park trailers or cabins, as defined in this section. A cooperative
campground shall furthermore mean one established pursuant to Subtitle
6B of Title 5 of the Corporations and Associations Article of the
Annotated Code of Maryland, as amended from time to time and which
is known as the "Maryland Cooperative Housing Corporation Act."
A vehicle having a current registration and displaying current
license plates pursuant to the Transportation Article of the Annotated
Code of Maryland.
A factory-built structure which is manufactured or constructed
after June 15, 1976, under authority of 42 U.S.C. § 5403,
Federal Manufactured Home Construction and Safety Standards Act of
1974, as may be amended from time to time, and designed to be used
as a single-family residential dwelling with or without a permanent
foundation and which is not constructed with a permanent hitch or
other device allowing it to be moved other than for the purpose of
moving to a permanent location and which does not have any wheels
or axles permanently attached to its body or frame. The placing of
a manufactured home on a permanent foundation or the construction
of additions, porches and the like shall not change the classification
of such manufactured home. Recreational trailers and vehicles and
modular homes are not considered as manufactured homes. For the purposes
of this section, a manufactured home cannot exceed seven hundred fifty
square feet in gross floor area, including any additions thereto.
A parcel of land improved or intended to be improved with
campsites, and may also include bathrooms, showers, swimming pools,
tennis courts, recreational buildings, camp stores and other amenities
for the use only of the members of a nonstock corporation whose bylaws,
rules and regulations give those members and the members of other
membership campgrounds that are participants in a reciprocal-use program
a nonexclusive right or license to use but do not assign a specific
and fixed number of days or weeks when the members may use the campsites
and related facilities. Such campgrounds shall be for transient use
only, and no campsite shall be occupied as a place of primary residence
or domicile. In addition, no campsite shall be permanently assigned
to any member or user.
A detached residential or business unit manufactured prior
to June 15, 1976, and not required to be constructed in accordance
with the Federal Manufactured Home Construction and Safety Standards
Act of 1974 and which contains not less than five hundred square feet
of gross floor area in the original manufactured unit and was designed
and intended for repeated or periodic transportation in one or more
sections on the highway on a chassis which is permanent or designed
to be permanent and arriving at the site where it is to be occupied
complete and ready for occupancy except for minor and incidental unpacking
and assembly of sections, location on jacks or other foundations,
connection to utilities and the like. The placing of a mobile home
on a permanent foundation or the construction of additions, porches
and the like shall not change the classification of such mobile home.
Recreational trailers and vehicles and modular homes are not considered
as mobile homes.
A vehicular unit capable of obtaining a state motor vehicle
license and which meets all of the following criteria:
Is built on a single chassis permanently mounted on wheels.
Is designed to provide seasonal or temporary living quarters
which may be connected to utilities necessary for installed fixtures
and appliances.
Does not exceed a total of four hundred square feet in gross
floor area when set up for occupancy.
A vehicle initially designed as temporary living quarters
for recreational camping or travel use which either has its own mode
of power or is mounted on or drawn by another vehicle. "Recreational
vehicles" include:
TRAVEL TRAILERA licensed vehicle, mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, initially designed and constructed to provide temporary living quarters for recreational, camping or travel use. This definition does not preclude telescoping additions, as long as a unit meets roadway requirements.
TRUCK CAMPERA portable enclosure, designed to be loaded onto or affixed to the bed or chassis of a truck which is a licensed vehicle, initially designed and constructed to provide temporary living quarters for recreational, camping or travel use.
CAMPER TRAILERA licensed vehicle mounted on wheels, constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite and initially designed and constructed to provide temporary living quarters for recreational camping or travel use.
MOTOR HOMEA licensed vehicle which has its own mode of power and which is designed and constructed as temporary living quarters for recreational, camping or travel use.
A lot used or intended to be used for six or more occupied
tents or recreational vehicles on campsites, in which campsites are
not subdivided, sold or offered for dedication. The definition of
"rental campground" shall not include sales lots for unoccupied recreational
vehicles.
A temporary shelter composed primarily of natural or synthetic
fabric or film.
(b)
Limitations. No recreational
vehicle shall be parked overnight on any public road, public park,
public boat landing or other public place, except in an emergency
or in areas specified for such use.
(c)
Rental campgrounds and membership campgrounds.
(1)
All rental and membership campgrounds shall conform
to the following provisions:
A.
Every special exception application for a rental
campground or membership campground shall be accompanied by a conceptual
site plan as required in § ZS 1-116 hereof. The Board
of Zoning Appeals shall review the application for special exception
in regard to the proposed use and general layout only. Once the special
exception and use has been approved by the Board of Zoning Appeals,
the application shall be subject to site plan review and approval
by the Planning Commission in accordance with the provisions of § ZS 1-325
hereof. The site plan submitted for review by the Planning Commission
must be in conformance with the special exception approval granted
by the Board of Zoning Appeals and the general layout considered by
that Board and also address any conditions imposed by the Board.
B.
Minimum lot requirements for rental campgrounds
and membership campgrounds shall be: lot area, twenty-five acres;
lot width, four hundred feet; front yard setback, two hundred feet;
and each side yard setback and rear yard setback, one hundred feet.
Perimeter property lines shall be permanently marked in the field
to indicate the limit of the campground area. Screening along perimeter
property lines shall be provided in accordance with an approved site
plan. No campsite shall be located in any required yard, less than
two hundred feet from any existing dwelling or public road or less
than one thousand feet from the district line of any R District. With
the approval of the Board of Zoning Appeals as a variance, the one-thousand-foot
setback may be reduced to not less than five hundred feet, provided
that the setback area contains screening in accordance with the provisions
of § ZS 1-322 hereof. Where possible, those areas contained
in the one-hundred-year floodplain should not be utilized for permanent
structures but can be utilized for campsites, open space or recreational
areas.
C.
Required yards referred to in Subsection (c)(1)B
hereof shall be screened as approved by the Planning Commission and
in accordance with the provisions of § ZS 1-322 hereof.
D.
There shall be at least two but not greater than
two and one-half off-street parking spaces for each campsite, two
of which must be located on the campsite. Required parking spaces
shall not be used for tenting areas or the placement of a recreational
vehicle. If not provided on the campsite, any additional required
parking shall be provided in common parking areas located within six
hundred feet of the campsite. At least one bicycle rack shall be provided
at each amenity area, bathhouse, store or other facility which is
commercial in nature.
E.
No retail business or merchandising, other than
amenities which are purely incidental and subordinate to the operation
of the campground and intended only for its occupants, shall be permitted.
F.
Rental and membership campgrounds shall only be
permitted to operate eight consecutive months in any twelve-month
period and shall be closed for four consecutive months between September
1 and April 30 of each twelve-month period. Units or sites in a rental
or membership campground may be occupied only during the period of
operation of the campground. In no event shall any campsite or unit
thereon be occupied as a place of primary residence or domicile. A
campground shall have bylaws, rules or regulations providing for such
limited occupancy and such limitations on occupancy shall be clearly
stated in any rental or membership agreement. Utilities, other than
those reasonably necessary for security and caretaking purposes and
for the campground's administrative office, shall be shut off during
the period when the rental or membership campground is closed. Water
and sewer facilities to all campsites and amenities shall be among
the utilities shut off. The Department shall be notified on an annual
basis as to what months the rental or membership campground shall
be operational and what months it shall be closed.
G.
Each rental campground and membership campground
shall comply with all pertinent regulations of the Maryland Department
of the Environment and Environmental Programs Division as well as
other state and County requirements prescribed by law or regulations
for such use.
H.
All roads and incidental drainage shall comply and
be constructed in accordance with County road specifications for private
campground subdivisions, as adopted by the County Commissioners. Collector
roads and minor roads shall be determined by the Planning Commission.
Adequate easements or rights-of-way for utilities shall be provided.
All roads in campgrounds shall be private and shall not be accepted
by the County Commissioners for maintenance.
I.
In granting a special exception or site plan approval
for a campground, the Board or Planning Commission may require additional
special conditions to be met, such as additional setbacks, landscaping,
traffic control or deed restrictions, in order to safeguard the general
health, safety and welfare of the public.
J.
Every enlargement or extension to an existing campground
shall require application for a zoning certificate and Board and Planning
Commission authorization as if it were a new establishment. The Board
or Planning Commission may require the existing portion of the campground
to comply with all or part of the provisions of this section if the
Board or Planning Commission deems such to be desirable and economically
feasible.
(2)
Tenting areas. In addition to the provisions of
Subsection (c)(1) hereof, tenting areas shall conform to the following
provisions:
A.
Each tenting area shall contain not less than two
thousand square feet of area, exclusive of the road right-of-way,
and shall be not less than forty feet in width or depth. The maximum
density shall be fifteen tenting campsites per gross acre of tenting
area.
B.
Tenting areas shall provide sanitary toilet facilities,
showers or other commonly accepted bathing facilities and an adequate
fresh water supply as approved by the County Environmental Programs
Division.
(3)
Recreational vehicle camping areas. In addition
to the provisions of Subsection (c)(1) hereof, areas for travel trailers,
truck campers, camper trailers, motor homes, other licensed recreational
vehicles, cabins, and recreational park trailers shall conform to
the following provisions:
A.
Each recreational vehicle campsite shall meet the
following minimum requirements: campsite area, three thousand square
feet, exclusive of the road right-of-way; frontage, twenty-five feet
on a private roadway; front yard setback, ten feet; left side yard
setback, seven feet; right side yard setback, three feet; and rear
yard setback, five feet. Each campsite shall be so designed that a
square of forty feet in width and depth can be located within the
campsite boundary lines. The entire forty-foot-by-forty-foot square
area on campsites designed for units not on permanent foundations
must be stable and level. The maximum density shall be ten campsites
per gross acre of the area devoted to campsites for recreational vehicles.
B.
If provided, pull-through campsites shall each be
at least sixty feet in depth and thirty feet in width. Pull-through
campsites shall be designed such that the recreational vehicle does
not require backing up to either enter or exit the campsite.
[Amended 12-18-2018 by Bill No. 18-7]
(4)
Cluster design standards. Individual campsites to be occupied
solely by recreational park trailers or cabins may be designed to
a cluster design standard as set forth herein.
[Added 6-21-2022 by Bill No. 22-10[1]]
A.
For individual recreational park trailer or cabin
structures, there shall be no minimum campsite area, setback, width,
depth or road frontage requirement. Such standards shall be as approved
by the Planning Commission on a site plan prepared in accordance with
§ ZS 1-325 hereof. No structure shall be erected within
ten feet of any other structure. The maximum density shall be ten
campsites per gross acre of the area devoted to the cluster design.
B.
Notwithstanding the provisions of § ZS
1-318(c)(1)D, any required off-street parking provided in common parking
areas within the area devoted to the cluster design may be located
greater than six hundred feet from the campsite if approved by the
Planning Commission. However, required accessible parking shall be
located on the campsite for each accessible unit provided as specified
in the Maryland Building Code for the Handicapped and the Uniform
Federal Accessibility Standards, as from time to time amended.
C.
Planning Commission criteria. The Planning Commission
shall consider each of the following criteria in its review of the
cluster design:
1.
Safe, recognizable and stabilized access for fire
protection and other public safety equipment is maintained to all
campsites.
2.
The proposed cluster design will consist of structures
of a compact, integrated and harmonious design, intended to maximize
open space and reduce impervious surfaces, while blending the natural
and man-made environments.
3.
The cluster design has been provided with adequate
vehicular circulation, parking, and service areas. Sidewalks and trails
for pedestrian and bicycle circulation within the development are
preferred.
4.
The development plan protects and avoids key environmental
features that have been identified on the site plan. Special consideration
shall be given to wetlands, forested areas, existing significant trees,
floodplains, source water and aquifer recharge protection areas, areas
of critical habitat, water bodies on the state's impaired waters
lists or having an established total maximum daily load requirement
and other important environmental features. Where possible, those
areas contained in the 100-year floodplain should be provided as open
space or recreational areas.
5.
The proposed cluster design complies with all other
requirements not specifically modified by this subsection.
[1]
Editor's Note: This bill also redesignated Subsection (c)(4)
through (11) as Subsection (c)(5) through (12), respectively.
(5)
Rental and membership campgrounds shall provide
the following facilities, as approved by the Environmental Programs
Division:
A.
An adequate fresh water supply to each campsite.
B.
Adequate and safe electrical services to each campsite
in accordance with the requirements of the National Electric Code,
current edition, and the Worcester County Floodplain Management Law,[2] as determined by the Department.
[2]
Editor's Note: See § BR 2-301 et seq. of the Building
Regulations Article of the Code of Public Local Laws of Worcester
County, Maryland.
C.
A sanitary toilet, lavatory and showers or other
commonly accepted bathing facilities for the use of campers.
D.
A fresh water supply and dump stations allowing
the emptying of holding tanks for self-contained vehicles.
(6)
Manufactured and mobile homes shall be prohibited
in all rental and membership campgrounds.
(7)
Up to twenty-five percent of the campsites in either
a rental or membership campground may be occupied by recreational
park trailers or cabins. Such units must be owned by the campground
owner. Ownership of recreational park trailers or cabins by an individual
tenant is prohibited and such units may only be occupied on a temporary
basis and not as a place of primary residence or domicile.
(8)
No recreational vehicle, recreational park trailer
or cabin shall exceed one story nor shall it exceed seventeen feet
in height. The Board of Zoning Appeals shall have no power to grant
variances to the maximum height or number of stories. Furthermore,
no such structure shall contain any living space below or any attic
space or loft above the first-floor elevation.
(9)
Additions to recreational vehicles, recreational
park trailers and cabins are prohibited in rental or membership campgrounds.
(10)
No accessory buildings are permitted on individual
campsites in rental or membership campgrounds.
(11)
Structures or buildings which serve as an amenity
or are incidental and accessory to the operation of the campground
in general may not exceed two stories or forty-five feet in height.
(12)
The temporary location or placement of a tent
or recreational vehicle on a campsite in a rental or membership campground
shall not require the issuance of a building permit or zoning certificate.
The location of a recreational park trailer or cabin on a campsite
in a rental or membership campground or the elevation of a recreational
vehicle on a permanent foundation shall require the issuance of a
building permit and zoning certificate.
(d)
Campground subdivisions.
(1)
New campground subdivisions are prohibited. The
following provisions shall apply to campground subdivisions in existence
prior to the adoption date of this Title.
A.
Minimum lot requirements shall be: lot area, twenty-five
acres minimum and one hundred acres maximum; maximum density, ten
campsites per gross acre; lot width, eight hundred feet; and front
yard setback, each side yard setback and rear yard setback, one hundred
feet; provided that no campsite shall be located in any required setback,
less than two hundred feet from any existing dwelling or public road
or less than one thousand feet from the district line of any R District.
With the approval of the Board of Zoning Appeals, the one-thousand-foot
setback may be reduced to not less than two hundred fifty feet, provided
that the setback area is screened in accordance with § ZS 1-322
hereof. The one-thousand-foot setback shall not apply to any campground
adjacent to an R District for which all permits have been issued and
construction has commenced at the time of the zoning of the area to
an R District, provided that, in such case, the two-hundred-fifty-foot
minimum setback referred to above shall apply.
B.
Each campsite shall be so designed that a rectangle
of fifty feet in width and sixty feet in depth can be located within
the campsite boundary lines. Each campsite shall have a minimum of
twenty-five feet of frontage on a roadway. Minimum setbacks for each
campsite shall be: front yard, ten feet; left side yard, seven feet;
right side yard, three feet; and rear yard, five feet; provided, however,
that the provisions of this subsection requiring a fifty-by-sixty-foot
rectangle shall not apply to any campground subdivision which has
received preliminary plat approval from the Planning Commission prior
to April 25, 1989.
C.
Campsites shall be occupied only by recreational
vehicles, recreational park trailers, manufactured homes, or modular
homes meeting the requirements and definitions of the Maryland Industrialized
Buildings and Mobile Homes Act, as amended from time to time, and
permanently attached to a metal chassis, any of which must be capable
of connection to individual campsite sewer, water and electrical hookups.
No more than one recreational vehicle, recreational park trailer,
manufactured home or modular home as provided for herein shall occupy
any one campsite at any one time. Tents are not permitted in campground
subdivisions.
[Amended 1-20-2010 by Bill No. 10-7]
D.
No recreational vehicle, recreational park trailer
or cabin shall exceed one story nor shall it exceed seventeen feet
in height. Furthermore, no such structure shall contain any living
space below or any attic space or loft above the first-floor elevation.
E.
One detached accessory building, not to exceed eight
feet by ten feet in size, may be located on each campsite in a campground
subdivision. Accessory buildings may not be located in the front yard
setback but are not subject to other setback requirements but shall
be separated by not less than six feet from any other recreational
vehicle, recreational park trailer, cabin or other structure on the
same lot or any other lot. No accessory building may be used for human
habitation or sleeping quarters. No accessory building may contain
plumbing or plumbing fixtures.
F.
Required yards referred to in Subsection (d)(1)A
hereof shall be wooded, densely landscaped, screened by earth or any
combination thereof approved by the Planning Commission.
G.
There shall be at least two off-street parking spaces
but no more than two and one-half parking spaces for each campsite.
At least two of the parking spaces must be provided on the campsite.
Any additional parking may be provided in common parking areas located
within six hundred feet of the campsite.
H.
No retail business or merchandising, other than
amenities which are purely incidental and subordinate to the operation
of the campground and intended only for its occupants, shall be permitted.
I.
Structures or buildings which serve as an amenity
or are incidental and accessory to the operation of the campground
in general may not exceed two stories or forty-five feet in height.
J.
Units or sites in a campground subdivision shall
be occupied only on a seasonal basis and shall not be occupied as
a place of primary residence or domicile. Between September 30 of
each year and April 1 of the succeeding year, units or sites shall
not be occupied for more than thirty consecutive days or an aggregate
of sixty days. Any condominium declaration or declaration of restrictions
of a homeowners' association shall include language providing for
such limited occupancy.
K.
All campground subdivisions shall be subject to
subdivision review and approval as required by Title 2, Subdivision
Regulations.
L.
Each campground subdivision shall comply with all
pertinent regulations of the Maryland Department of the Environment
and Environmental Programs Division as well as other state and County
requirements prescribed by law or regulations for such use and shall
be required to provide water and sewer utility hookups to each individual
campsite.
M.
Campground subdivisions shall provide the following
facilities:
1.
An adequate potable water supply to each campsite,
as approved by the Environmental Programs Division.
2.
An adequate sewer connection to each campsite, as
approved by the Environmental Programs Division.
3.
Adequate and safe electrical services to each campsite
in accordance with the requirements of the National Electric Code,
current edition, and the Worcester County Floodplain Management Law,[3] as determined by the Department.
[3]
Editor's Note: See § BR 2-301 et seq. of the Building
Regulations Article of the Code of Public Local Laws of Worcester
County, Maryland.
4.
A refuse collection, management and disposal system.
5.
The sewer system shall be connected to a public
system and a public treatment plant or to a privately owned public
utility system which complies with the requirements of the Worcester
County Shared Facilities Law.[4]
[4]
Editor's Note: See § PW 5-101 et seq. of the Public
Works Article of the Code of Public Local Laws of Worcester County,
Maryland.
N.
All roads and incidental drainage shall comply and
be constructed in accordance with County road specifications for private
campground subdivisions, as adopted by the County Commissioners. Collector
roads and minor roads shall be determined by the Planning Commission.
Drainage shall be provided in accordance with the provisions of the
County road specifications for private campground subdivisions. Adequate
easements or rights-of-way for utilities shall be provided. All roads
in campground subdivisions shall be private and shall not be accepted
by the County Commissioners for maintenance.
O.
Every campground subdivision shall have not less
than twenty-five percent of its total area devoted to open space and/or
recreation as a common area.
P.
All campground subdivisions shall establish a system
of management and maintenance for the common areas and commonly owned
improvements as may be required in conjunction with subdivision approval
by the Planning Commission.
Q.
Placement of a recreational park trailer, cabin
or accessory structure on a campsite in a campground subdivision shall
require the issuance of a building permit and zoning certificate.
The temporary placement on a campsite of a recreational vehicle bearing
current valid registration or license plates shall not require the
issuance of a building permit or zoning certificate. Placement of
a recreational vehicle on a campsite in such a manner that its placement
is not intended to be temporary or transient shall require the issuance
of a building permit and zoning certificate.
(2)
Prior to the occupancy or use of any lot or unit
in a campground subdivision, a zoning certificate certifying that
all of the requirements of Subsection (d)(1) hereof have been fully
and completely complied with must be obtained from the Department.
Any such zoning certificate shall be for the entire subdivision, including
all lots or units within the subdivision, and may be revocable at
any time as to any lot or unit in the subdivision or as to the entire
subdivision upon not less than ten days' written notice, providing
an opportunity to be heard, given, in the case of an individual lot
or unit, to the owner or, in the case of an entire subdivision, to
the authority responsible for the subdivision. Upon revocation of
the zoning certificate, the lot or unit or, in the case of an entire
subdivision, the subdivision may no longer be used as a campground
subdivision until it is in full compliance and a new zoning certificate
is issued.
(3)
The County Commissioners may, by resolution, adopt
a procedure for the annual inspection of campground subdivisions to
determine compliance with the provisions hereof, particularly the
provisions of Subsection (d)(1)J hereof. Such systems may include
licensure and fees for such inspections.
(e)
Cooperative campgrounds.
(1)
No new cooperative campgrounds shall be permitted
except as provided for in Subsections (e)(3) and (e)(4) hereof.
(2)
The following provisions apply to all cooperative
campgrounds:
A.
Words as used herein where defined in § 5-6B-01
of the Corporations and Associations Article of the Annotated Code
of Maryland, as from time to time amended, shall be defined as therein
set forth.
C.
Unless otherwise specified, minimum lot requirements
shall be: lot area, twenty-five acres; lot width, eight hundred feet;
front yard setback, two hundred fifty feet; and each side yard setback
and rear yard setback, one hundred feet. Perimeter property lines
shall be permanently marked in the field to indicate the limit of
the cooperative campground area. Screening along perimeter property
lines shall be provided in accordance with the approved site plan
or plat. No campsite shall be located in any required yard, less than
two hundred feet from any existing dwelling or public road or less
than one thousand feet from the district line of any R District. With
the approval of the Board of Zoning Appeals as a variance, the one-thousand-foot
setback may be reduced to not less than five hundred feet, provided
that the setback area contains screening in accordance with § ZS 1-322
hereof. The one-thousand-foot setback shall not apply to any campground
adjacent to an R District for which all permits have been issued and
construction has commenced at the time of the zoning of the area to
an R District, provided that in such case the five-hundred-foot minimum
setback referred to herein shall apply.
D.
Campsites shall be occupied only by recreational
vehicles, recreational park trailers or cabins capable of connection
to individual campsite sewer, water and electrical hookups. No more
than one recreational vehicle, recreational park trailer or cabin
shall occupy any one campsite at any one time. Tents and tenting areas
are not permitted in cooperative campgrounds.
E.
No recreational vehicle, recreational park trailer
or cabin shall exceed one story nor shall it exceed seventeen feet
in height. Furthermore, no such structure shall contain any living
space below or any attic space or loft above the first-floor elevation.
F.
No additions to recreational vehicles, recreational
park trailers and cabins other than open decks and porches fitted
with insect screening or soft plastic framed enclosures, as defined
herein, shall be permitted. Open decks and screened porches may only
be permitted in conformance with the following:
[Amended 12-17-2013 by Bill No. 13-3]
1.
Such additions shall not be elevated any higher
than the floor elevation of the recreational vehicle, recreational
park trailer or cabin.
2.
Other than the wall adjacent to the recreational
vehicle, recreational park trailer or cabin, the wall area of porches
shall be enclosed by insect screening or soft plastic framed enclosures
(that comply with this section) only. Porches shall not be enclosed
with glass panels, hard plastic panels, windows, solid walls or any
other enclosure devices or methods not specifically permitted herein.
3.
Additions to recreational vehicles, recreational
park trailers and cabins shall not exceed a total of three hundred
fifty square feet in area, and in no case shall the main structure
and any additions exceed a total of seven hundred fifty square feet
in gross floor area.
4.
Additions shall not contain any HVAC, plumbing or
plumbing fixtures and shall comply with all campsite setbacks.
5.
Open decks and porches fitted with soft plastic
framed enclosures shall comply with the following:
(i)
The translucent or transparent plastic shall not
be more than 10 mil/ 0.254 mm/ 0.01 inch in thickness as evidenced
by manufacturer's specifications and shall be fabricated in a hard
frame constructed from material other than wood. Temporary sheets
of soft plastic from rolls or otherwise (not framed) shall not be
permitted.
(ii)
The addition shall include not less than one means
of egress directly from the addition to the outside without having
to enter the recreational vehicle, recreational park trailer or cabin.
(iii)
Not less than one smoke detector shall be installed
in the addition.
G.
One detached accessory building, not to exceed eight
feet by ten feet in size, may be located on each campsite in a cooperative
campground. Accessory buildings may not be located in the front yard
setback but are not subject to other setback requirements but shall
be separated by not less than six feet from any other recreational
vehicle, recreational park trailer, cabin or other structure on the
same lot or any other lot. No accessory building may be used for human
habitation or sleeping quarters. No accessory building may contain
plumbing or plumbing fixtures.
H.
There shall be at least two off-street parking spaces
but no more than two and one-half parking spaces for each campsite.
At least two of the parking spaces must be provided on the campsite.
Any additional parking may be provided in common parking areas located
within six hundred feet of the campsite. At least one bicycle rack
shall be provided at each amenity area, bathhouse, store or other
facility which is commercial in nature.
I.
Only amenities which are noncommercial and purely
incidental and subordinate to the operation of the campground and
intended only for its occupants shall be permitted.
J.
Structures or buildings which serve as an amenity
or are incidental and accessory to the operation of the campground
in general may not exceed two stories or forty-five feet in height.
K.
No retail business or merchandising, other than
amenities which are purely incidental and subordinate to the operation
of the campground and intended only for its occupants, shall be permitted.
L.
Cooperative campgrounds shall only be permitted
to operate for a period of nine consecutive months in any twelve-month
period and shall be closed for three consecutive months between September
30 and April 1 of each twelve-month period. Units or sites in a cooperative
campground may be occupied only during the period of operation. The
documents establishing the cooperative as well as the leases for the
units in the cooperative campground shall include language providing
for such limited occupancy. Utilities, other than those reasonably
necessary for security and caretaking purposes and for the campground's
administrative office, shall be shut off during the period when the
cooperative campground is closed. Water and sewer facilities to all
campsites and amenities shall be among the utilities shut off. The
Department shall be notified on an annual basis as to what months
the cooperative campground shall be operational and what months it
shall be closed.
[Amended 10-18-2011 by Bill No. 11-5]
M.
All cooperative campground must have a central sewage
collection and disposal system. Sewage effluent disposal fields and
adequate reserve areas must be provided for in the common areas. In
no case shall a subsurface disposal field or reserve area be contained
within the boundaries of any campsite or lot.
N.
Cooperative campgrounds shall comply with all pertinent
regulations of the Maryland Department of the Environment and Environmental
Programs Division as well as other state and County requirements prescribed
by law or regulations for such use.
O.
Sanitary receptacles with animal-proof lids for
the collection and storage of refuse shall be provided at convenient
locations. Receptacles shall be emptied whenever necessary and the
contents thereof disposed of in a fashion that complies with the County
regulations pertaining to solid waste disposal.
P.
Cooperative campgrounds shall provide the following
facilities, as approved by the Environmental Programs Division:
Q.
Adequate and safe electrical services to each campsite
in accordance with the requirements of the National Electric Code,
current edition, and the Worcester County Floodplain Management Law,[5] as determined by the Department.
[5]
Editor's Note: See § BR 2-301 et seq. of the Building
Regulations Article of the Code of Public Local Laws of Worcester
County, Maryland.
R.
The documents establishing the cooperative campground
shall provide for a managing person or board having the authority
to assess the units in the cooperative campground for the purpose
of raising the necessary funds to maintain the common areas and common
improvements within the boundaries of the cooperative campground,
including without limitation all improvements, recreational facilities,
wastewater systems, water systems, streets, and roads, the authority
to collect such assessments and the responsibility to maintain any
such amenities.
S.
It is the intent of this section to provide a mechanism
whereby those campgrounds permitted to be established as a cooperative
campground herein and which have some degree of nonconformity enjoy
the benefit of § ZS 1-122 hereof and be entitled to
retain the benefits of such section despite their establishment as
cooperative campgrounds and further to ensure compliance with the
provisions of this subsection to provide for the health, safety and
welfare of the people of Worcester County and the occupants of such
campgrounds. However, notwithstanding the provisions of § ZS 1-122
hereof, existing individual nonconforming manufactured or mobile homes,
recreational vehicles, recreational park trailers or cabins may not
be enlarged or extended, reconstructed, structurally altered or moved.
T.
Placement of a recreational park trailer, cabin
or accessory structure on a campsite in a cooperative campground shall
require the issuance of a building permit and zoning certificate.
The temporary placement on a campsite of a recreational vehicle bearing
current valid registration or license plates shall not require the
issuance of a building permit or zoning certificate. Placement of
a recreational vehicle on a campsite in such a manner that its placement
is not intended to be temporary or transient shall require the issuance
of a building permit and zoning certificate.
U.
Cooperative campgrounds shall be inspected annually
to determine compliance with the provisions hereof. Any violations
on individual lots shall be deemed to be the responsibility of the
both the cooperative shareholder and the collective ownership corporation
and enforcement actions against both may be taken.
V.
Prior to the occupancy or use of any lot or unit
in a cooperative campground, a zoning certificate certifying that
all of the requirements of this section have been fully and completely
complied with must be obtained from the Department. Any such zoning
certificate shall be for the entire cooperative campground, including
all lots or units within the cooperative campground, and may be revocable
at any time as to any lot or unit in the cooperative campground or
as to the entire cooperative campground upon not less than ten days'
written notice, providing an opportunity to be heard, given, in the
case of an individual lot or unit, to the owner or, in the case of
an entire cooperative campground, to the authority responsible for
the cooperative campground. Upon revocation of the zoning certificate,
the lot or unit or, in the case of an entire cooperative campground,
the cooperative campground may no longer be used as a cooperative
campground until it is in full compliance and a new zoning certificate
is issued.
(3)
Conversion of existing rental campgrounds.
A.
A rental campground legally existing as of October
19, 2004, may be subdivided by the creation of a cooperative campground
only where permitted by the Maryland Department of the Environment
and in accordance with the procedures and requirements of this Title
and the following:
1.
Unless expanded pursuant to this Title, the rental
campground cannot contain more sites than those legally existing as
of October 19, 2004.
2.
At the time of conversion to a cooperative campground,
the campground must possess all required permits, approvals and licenses
from the Maryland Department of Health and Mental Hygiene, the Worcester
County Health Department and the Department of Development Review
and Permitting.
B.
The procedure for the approval of the conversion
of an existing rental campground into a cooperative campground shall
be as follows:
1.
The developer shall submit a recordable plat along
with two copies thereof to the Department and pay a fee as established
by the County Commissioners. The plat shall include a boundary survey
of the proposed cooperative campground in its entirety, a boundary
survey of the individual lots or campsites which are intended to be
the units thereof, and a location survey of all improvements, including
recreational facilities, streets and roads, and, schematically, any
proposed improvements not yet constructed within the proposed cooperative
campground. It shall also comply with the following:
(i)
It shall
be drawn on sheets not smaller than eight and one-half inches by eleven
inches and not larger than twenty-four by thirty-six inches. If more
than one sheet is used, an index sheet or key map shall show the entire
proposed cooperative campground, with individual sheets keyed in numerical
order.
(ii)
It
shall be prepared by a professional land surveyor or property line
surveyor registered in the State of Maryland and shall be drawn to
scale.
(iii)
It shall contain the following information:
a.
The
name of the cooperative campground, which may not be identical to
or confusingly similar to the name of any existing subdivision or
campground in the County.
b.
The
signatures and names of all owner(s), said names to be printed below
the signature line(s).
c.
The
signature, name, registration number, seal and mailing address of
the surveyor responsible for the plat.
d.
The
date of the original preparation of the plat and dates of any revisions.
e.
A
North arrow, such that it is oriented toward the top of the page.
f.
A
graphic scale.
g.
A
vicinity map with appropriate data identifying the general location
of the cooperative campground.
h.
The
property lines for each campsite, unit or lot created, including the
gross area. Property lines shall be drawn to scale and shall be marked,
locatable and maintained in the field. Adequate control points shall
be provided on the ground such that the boundaries of each site are
verifiable. In no case shall such control points be located more than
three hundred feet apart.
i.
The
names of abutting roads or rights-of-way, if any, including the right-of-way
width as listed with the Worcester County Department of Public Works,
Roads Division, or the Maryland State Highway Administration.
j.
The
location, width, use and ownership of any rights-of-way or easements
within the cooperative campground.
k.
The
deed reference for the parcel on which the cooperative campground
is being established.
l.
The
tax map and parcel number of the parcel on which the cooperative campground
is being established.
m.
The
following statement shall appear on the plat: "Based upon the Federal
Emergency Management Agency Flood Insurance Rate Map Community-Panel
Number 240083-______, dated ________, this cooperative campground
is located in zone _______."
n.
The
following statements, either on the plat or attached to the plat,
shall be provided and signature blocks and statements of public agencies
shall also be provided where required:
[i]
"The grant of a permit or approval of this cooperative campground
shall not constitute a representation, guaranty or warranty of any
kind by Worcester County or by any official or employee thereof of
the practicability, buildability or safety of any occupancy of the
proposed use and shall create no liability upon the County, its officials
or employees."
[ii]
"Any approval by the Department of the Environment of any sewer or
water system or suitability thereof is based upon state and County
standards existing as of the date of approval. Such standards are
subject to change and current standards must always be met for occupancy."
2.
The developer shall submit a set of the proposed
documents establishing the cooperative housing corporation and the
cooperative campground to the Department.
3.
The Department shall review the submittals and if
the plat contains the information required herein and the cooperative
campground complies with the requirements herein, the Department shall
sign the plat as approved. The plat shall also be submitted by the
Department to the Environmental Programs Division for approval pursuant
to the Department of Health and Mental Hygiene regulations. Upon approval
it shall be signed by the Environmental Programs Administrator evidencing
approval of the sewer and water system.
4.
Once approved and signed by the Department and by
the Environmental Programs Division, the plat shall be recorded among
the land records of Worcester County at the time of the establishment
of the cooperative campground and a copy as recorded with recording
references shall be delivered to the Department by the developer.
The aforementioned signatures shall be sufficient to constitute County
approval for purposes of recording.
5.
The units of the cooperative campground shall be
the lots or campsites as shown on the plat. Lot lines of the campsites
shall be as delineated on the plat and shall be clearly marked and
maintained in the field.
(4)
Expanded or enlarged cooperative campgrounds.
A.
All expansions or additions to existing cooperative
campgrounds shall only be permitted by special exception and the following
regulatory requirements, in addition to those contained in Subsections
(e)(1) and (e)(2) hereof, shall apply:
1.
Every special exception application for a cooperative
campground shall be accompanied by a conceptual site plan as required
in § ZS 1-116 hereof. The Board of Zoning Appeals shall
review the application for special exception in concept only. In granting
a special exception for an expansion or addition of a cooperative
campground, the Board of Zoning Appeals may require that the existing
portion of the campground comply with all or some of the provisions
imposed on the expanded or added area as part of the approval. Once
the concept plan has been approved for special exception by the Board
of Zoning Appeals, the application shall be subject to site plan review
and approval by the Planning Commission in accordance with the provisions
of § ZS 1-325 hereof.
2.
Once the aforementioned site plan has been reviewed
and approved by the Planning Commission, the developer shall submit
a recordable plat and the proposed documents establishing the cooperative
campground, said plat and documents to be in accordance with Subsection
(e)(3)B hereof and to follow the same procedural format.
3.
Each new campsite shall meet the following minimum
requirements: campsite area, three thousand square feet, exclusive
of the road right-of-way; maximum density, ten campsites per gross
acre; frontage, twenty-five feet on a private roadway; front yard
setback, ten feet; left side yard setback, seven feet; right side
yard setback, three feet; and rear yard setback, five feet. Each campsite
shall be so designed that a square of forty feet in width and depth
can be located within the campsite boundary lines.
4.
Every expanded or enlarged cooperative campground
shall have not less than twenty-five percent of its total area devoted
to open space and/or recreation as a common area.
5.
Required yards shall be wooded, densely landscaped,
screened by earth or any combination thereof approved by the Planning
Commission.
6.
No new campsite shall be located in any required
yard, less than two hundred feet from any existing dwelling or public
road or less than one thousand feet from the district line of any
R District.
7.
All roads and incidental drainage shall comply and
be constructed in accordance with County road specifications for private
campground subdivisions, as adopted by the County Commissioners. Collector
roads and minor roads shall be determined by the Planning Commission.
Drainage shall be provided in accordance with the provisions of the
County road specifications for private campground subdivisions. Adequate
easements or rights-of-way for utilities shall be provided. All roads
in cooperative campgrounds shall be private and shall not be accepted
by the County Commissioners for maintenance.
(f)
Applicability to existing campgrounds. The provisions hereof shall, upon and after the effective date hereof,
apply to all rental campgrounds, membership campgrounds, campground
subdivisions and cooperative campgrounds. Any campground legally existing
as of the date of adoption of this Title which does not conform to
the respective requirements as contained in this section shall be
considered a nonconforming use or structure as appropriate and as
such subject to the provisions of § ZS 1-122 hereof.
However, notwithstanding the provisions of § ZS 1-122
hereof, existing individual nonconforming manufactured or mobile homes,
recreational vehicles, recreational park trailers or cabins may not
be enlarged or extended, reconstructed, structurally altered or moved.
(a)
Purpose and intent. It is
the intent of this Title that adequate vehicular and pedestrian access
and traffic circulation patterns be provided for all development projects.
(b)
Applicability. The provisions
of this section shall apply to all site plan approvals, subdivision
approvals, residential planned community approvals, commercial and
industrial development approvals, industrial parks, unified developments,
special exception approvals and any other approval which is determined
by the Department to be one of such similar nature that the adequate
vehicular and pedestrian patterns are necessary.
(c)
Standards. The following
standards shall govern the design of a development's access points
to any arterial or collector road as defined in § ZS 1-326
hereof, unless otherwise permitted by the Maryland State Highway Administration
with regard to access to state roadways, and to all internal vehicular
travelways within the development:
(1)
Access points shall be designed so as not to impede
traffic flow on the public road. Acceleration and deceleration lanes
may be required by the Planning Commission where deemed necessary
along County roads to ensure safe ingress and egress.
(2)
Access points shall be prohibited within two hundred
feet of any public road intersection which involves an arterial or
collector road as defined in § ZS 1-326 hereof. Upon the
application of the property owner or developer, the two-hundred foot
separation requirement may be reduced by the Planning Commission where
it finds that, due to the unique characteristics of the roads, property
or project in question, the requested reduction will not adversely
affect the safety or efficient operation of either the arterial or
collector road, cross street of any classification, or vehicular travelway
upon which the access point may be located.
[Amended 12-21-2010 by Bill No. 10-9]
(3)
Wherever possible there shall be a minimum of five
hundred feet of separation between the development's access points
from the roadway as well as from the nearest points of access serving
adjacent or nearby sites. Access to parcels for which direct access
to the arterial or collector highway is precluded by this spacing
requirement or denied by the agency having jurisdiction shall have
their access provided by way of service roads or interparcel connectors
and such access shall be provided for by appropriate cross-access
easements recorded in the land records of Worcester County, Maryland.
(4)
Vehicular travelways within commercial and industrial
developments shall be designed to provide interparcel connectors to
all adjacent properties and to connect to all existing interparcel
connectors provided by adjacent properties.
(5)
Except for single-family residences, vehicular
travelways shall be required to the rear of all structures to provide
access for fire-fighting equipment and in accordance with local fire
code regulations. Such travelways shall be kept free of obstructions.
Additionally, safe pedestrian access shall be provided to the rear
of any structure which has an exit on the rear of the structure.
(6)
Adequately surfaced and lighted on-site parking
shall be provided in accordance with the provisions of §§ ZS 1-320
and ZS 1-323 hereof and with the Worcester County "Design Guidelines
and Standards for Commercial Uses."
(7)
Adequate pedestrian and bicycle pathways, sidewalks,
etc. shall be provided on-site as determined by the Technical Review
Committee or Planning Commission to accommodate the nonmotoring public
and shall connect to adjacent properties and off-site circulation
and transportation facilities and networks.
(d)
Dedications. In granting
any approval to which this section is applicable, the appropriate
approving authority may require easements, widening strips, rights-of-way,
additional setbacks and other reservations, dedications and agreements
to provide for adequate vehicular, pedestrian and bicycle access and
circulation to and from the property for which the approval is granted,
as well as to and from adjacent and nearby properties and for the
public generally. Such reservations, dedications and agreements may
include, without limitation, those for:
(1)
Access roads.
(2)
Service roads.
(3)
Interparcel connectors.
(4)
Road widening strips.
(5)
Entrances.
(6)
Sidewalks, bicycle paths, and other pathways for
nonmotorized transportation.
(7)
Utility rights-of-way.
(8)
Public transportation facilities.
(9)
Any other such reservations, dedications and agreements
as deemed necessary by the approving authority so that the purpose
and intent of this section is fulfilled.
(a)
Off-street parking; required amounts. In every district, space for off-street parking of vehicles and
bicycles shall be provided on the premises in accordance with the
requirements of this section, except as otherwise modified. Where
the calculation of required parking spaces results in a fraction of
less than one-half, it shall be disregarded. Any fraction of one-half
or more shall be rounded up to the next whole number. Where required,
a bicycle rack shall hold a minimum of five bicycles. Off-street parking
areas may occupy all or a portion of any required yard, unless otherwise
prohibited or specified, in accordance with the following schedule
of minimum and maximum requirements:
[Amended 6-20-2017 by Bill No. 17-6; 8-17-2021 by Bill No. 21-7]
Use Category
|
Minimum Motor Vehicle Spaces Required
|
Maximum Motor Vehicle Spaces Allowed
|
Bicycle Spaces Required
| |
---|---|---|---|---|
Household living:
| ||||
Manufactured/mobile homes
|
2
|
N/A
|
N/A
| |
Single-family dwellings
|
2
|
N/A
|
N/A
| |
Multi-family dwellings
|
2 per unit
|
2.5 per unit
|
1 rack per each 50 units or fraction thereof
| |
Townhouses
|
2 per unit
|
2.5 per unit
|
1 rack per each 50 units or fraction thereof if units do not
have garages
| |
Accessory apartments
|
1 per unit
|
2 per unit
|
N/A
| |
Group living:
| ||||
Group homes
|
0.25 per sleeping room plus 1 per each 2 staff persons
|
0.50 per sleeping room plus 1 per each staff person
|
1 rack
| |
Nursing homes, rest homes, and dependent care living units
|
0.25 per bed plus 1 per each 2 staff persons
|
0.50 per bed plus 1 per each staff person
|
N/A
| |
Assisted living residences and supported living facilities
|
0.50 per living unit plus 1 per each 2 staff persons
|
1.50 per living unit plus 1 per staff person
|
N/A
| |
Retail and service establishments:
| ||||
Funeral homes
|
1 per each 50 square feet of parlor space
|
1 per each 25 square feet of parlor space
|
N/A
| |
Furniture, large equipment and machinery, large appliances
|
1 per each 600 square feet of gross floor area
|
1 per each 400 square feet of gross floor area
|
1 rack
| |
Department/discount stores/retail establishments
|
1 per each 300 square feet of gross floor area
|
1 per each 200 square feet of gross floor area
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Shopping centers or other similar mixed use facilities having
10 or more establishments
|
1 per each 350 square feet of gross floor area
|
1 per each 250 square feet of gross floor area
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Grocery stores
|
1 per each 250 square feet of gross floor area
|
1 per each 200 square feet of gross floor area
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Packaged liquor sales
|
1 per each 250 square feet of gross floor area
|
1 per each 200 square feet of gross floor area
|
1 rack
| |
Garden centers, greenhouses and roadside stands
|
5 plus 1 per each 300 square feet of gross floor area plus 1
per each 1,000 square feet of greenhouse space
|
5 plus 1 per each 150 square feet of gross floor area plus 1
per each 500 square feet of greenhouse space
|
1 rack for garden centers and greenhouses; roadside stands,
N/A
| |
Book, art, gift, pet, music, craft, flower shops, and similar
uses
|
1 per each 250 square feet of gross floor area
|
1 per each 150 square feet of gross floor area
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Convenience stores and gas stations
|
1 per each 200 square feet of gross floor area (parking spaces
at gas pumps can be counted toward these requirements)
|
1 per each 100 square feet of gross floor area
|
1 rack
| |
General offices
|
1 per each 350 square feet of gross floor area
|
1 per each 200 square feet of gross floor area
|
1 rack per building
| |
Doctor, dentist, and veterinarian offices
|
1 per each 250 square feet of gross floor area
|
1 per each 150 square feet of gross floor area
|
1 rack per building
| |
Laundromats and dry cleaners
|
1 per each 300 square feet of gross floor area
|
1 per each 150 square feet of gross floor area
|
1 rack
| |
Electronic and television repair shops, picture framing, copy
service, and similar uses
|
1 per each 350 square feet of gross floor area
|
1 per each 200 square feet of gross floor area
|
1 rack
| |
Outdoor display or sale areas associated with a retail or service
establishment
|
1 per each 2,000 square feet of outdoor display or sales area
|
1 per each 1,500 square feet of outdoor display or sales area
|
N/A
| |
Banks, credit unions and related financial institutions:
| ||||
Drive-through and/or walk-in facility
|
1 per each 300 square feet of gross floor area
|
1 per each 200 square feet of gross floor area
|
1 rack
| |
Drive-through only
|
2 plus 1 per each 2 employees
|
2 plus 1 per employee
|
N/A
| |
Public accommodation:
| ||||
Boarding or lodging houses
|
2 plus 1 per guest room
|
2 plus 1.5 per guest room
|
1 rack
| |
Hotels/motels
|
1 per each sleeping room plus 1 per 250 square feet of gross
floor area in any restaurant, bar, entertainment facility or meeting
room
|
1.5 per each sleeping room plus 1 per 100 square feet of gross
floor area in any restaurant, bar, entertainment facility or meeting
room
|
2 racks
| |
Food and beverage service:
| ||||
Restaurants, sit-down, including fast-food, with or without
a drive-through
|
1 per each 125 square feet of gross floor area
|
1 per each 50 square feet of gross floor area
|
1 rack
| |
Restaurants with incidental bars
|
1 per each 125 square feet of gross floor area
|
1 per each 50 square feet of gross floor area
|
1 rack
| |
Carry-out only where public floor area is less than 200 square
feet, with or without drive-through
|
1 per each 200 square feet of gross floor area
|
1 per each 125 square feet of gross floor area
|
1 rack
| |
Bars, nightclubs, taverns, dance halls, catering halls, pool
halls and similar uses
|
1 per each 100 square feet of gross floor area
|
1 per each 50 square feet of gross floor area
|
1 rack
| |
Ice cream parlors, coffee shops
|
1 per each 200 square feet of gross floor area
|
1 per each 100 square feet of gross floor area
|
1 rack
| |
Motor vehicle and similar uses:
| ||||
Auto, manufactured home, boat and heavy equipment sales
|
1 per each 500 square feet of interior showroom gross floor
area plus 1 per each 20,000 square feet of outdoor display lot
|
1 per each 250 square feet of interior showroom gross floor
area plus 1 per each 10,000 square feet of outdoor display lot
|
N/A
| |
Auto, manufactured home, boat and heavy equipment service
|
10 plus 1 space per each service bay
|
10 plus 2 spaces per each service bay
|
N/A
| |
Schools, institutional, public and semipublic uses:
| ||||
Universities, colleges and junior colleges
|
1 per classroom plus 1 per every 5 classroom seats plus 1 per
every 4 seats in an auditorium or assembly area
|
1 per classroom plus 1 per every 2 classroom seats plus 1 per
every 2 seats in an auditorium or assembly area
|
1 rack per every 40 students and faculty
| |
High schools, vocational schools and trade schools
|
5 per classroom or 1 per each 4 seats in an auditorium or assembly
area, whichever is greater
|
10 per classroom or 1 per each 3 seats in an auditorium or assembly
area, whichever is greater
|
1 rack per every 40 students and faculty
| |
Elementary, middle and junior high schools
|
2 per classroom or 1 per each 5 seats in an auditorium or assembly
area, whichever is greater
|
3 per classroom or 1 per each 3 seats in an auditorium or assembly
area, whichever is greater
|
1 rack per every 40 students and faculty
| |
Hospitals, which may include outpatient clinics and medical
testing facilities
|
1 per every 3 employees plus 1 per every 4 inpatient beds plus
1 per each 300 square feet of floor area for clinics and testing facilities
|
125 percent of the minimum spaces required
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Clinics and medical testing facilities not contained within
a hospital building
|
1 per each 200 square feet of gross floor area
|
1 per each 100 square feet of gross floor area
|
1 rack per building
| |
Day-care centers and nursery schools
|
1 per 10 attendees plus 1 per employee
|
1 per 5 attendees plus 1 per employee
|
N/A
| |
Churches, temples and mosques, with permanent seating
|
1 per each 3 seats in the sanctuary or primary assembly area
|
125 percent of the minimum spaces required where required parking
is 100 spaces or less; 105 percent where required parking is 101 spaces
or greater
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Churches, temples and mosques, without permanent seating
|
1 per each 50 square feet of floor area in the sanctuary or
primary assembly area
|
125 percent of the minimum spaces required where required parking
is 100 spaces or less; 105 percent where required parking is 101 spaces
or greater
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Social or fraternal clubs
|
1 per each 150 square feet of gross floor area
|
1 per each 75 square feet of gross floor area
|
1 rack
| |
Public buildings, post offices and indoor recreational facilities
|
1 per each 400 square feet of public floor area, with a minimum
of 10 spaces
|
1 per each 200 square feet of public floor area, with a minimum
of 10 spaces
|
1 rack
| |
Theaters, cinemas and auditoriums
|
1 per every 4 seats
|
1 per every 3 seats
|
1 rack per each 100 motor vehicle spaces or portion thereof
| |
Libraries, museums, art galleries and similar uses
|
1 per each 300 square feet of gross floor area
|
1 per each 150 square feet of gross floor area
|
1 rack per each 150 square feet of gross floor area
| |
Fire stations with full-time staff
|
1 per each 2 employees
|
1 per each employee
|
N/A
| |
Fire stations with voluntary staff
|
4 per each piece of apparatus
|
6 spaces per each piece of apparatus
|
N/A
| |
Recreational uses:
| ||||
Amusement arcades
|
1 per each 125 square feet of gross floor area
|
1 per each 100 square feet of gross floor area
|
1 rack per each 20 motor vehicle spaces or portion thereof
| |
Amusement parks
|
1 per each 6 persons of rated design capacity
|
1 per each 4 persons of rated design capacity
|
3 racks or 1 rack per each 100 motor vehicle spaces, whichever
is greater
| |
Athletic fields
|
8 per each acre of land or portion thereof for recreational
use
|
12 per each acre of land or portion thereof for recreational
use
|
3 racks or 1 rack per each 100 motor vehicle spaces, whichever
is greater
| |
Bowling alleys
|
4 per each alley or lane
|
6 per alley or lane
|
2 racks or 1 rack per each 100 motor vehicle spaces, whichever
is greater
| |
Golf driving ranges
|
5 spaces plus 1 per each 1.5 tees
|
5 spaces plus 1 per each 1 tee
|
1 rack
| |
Miniature golf courses
|
5 spaces plus 1 per each 1.5 holes
|
5 spaces plus 1 per each 1 hole
|
1 rack
| |
Golf courses
|
2 per hole plus 1 per employee
|
4 per hole plus 1 per employee
|
1 rack
| |
Stadiums, coliseums and similar uses
|
1 per each 4 seats or per each 4 people of maximum design capacity
|
1 per each 2.5 seats or per each 2.5 people of maximum design
capacity
|
3 racks or 1 rack per 100 motor vehicle spaces, whichever is
greater
| |
Horseback riding stables (commercial)
|
1 per each horse stabled at the facility
|
2 per each horse stabled at the facility
|
1 rack
| |
Rental or membership campgrounds
|
2 per campsite, each on the campsite
|
2.5 per campsite, with at least 2 on each campsite
|
1 rack at each amenity area, bathhouse, store or other facility
which is commercial in nature
| |
Campground subdivisions or cooperative campground subdivisions
|
2 per campsite, each on the campsite
|
2.5 per campsite, with at least two on the campsite
|
N/A for campground subdivisions; 1 rack at each amenity area,
bathhouse, store or other facility which is commercial in nature in
cooperative campground subdivisions
| |
Public swimming pools
|
1 per each 100 square feet of water surface area plus 1 for
each 50 square feet of pool deck surface
|
1 per each 60 square feet of water surface area plus 1 for each
30 square feet of pool deck surface
|
3 racks or 1 rack per 100 motor vehicle spaces, whichever is
greater
| |
General outdoor recreational areas
|
2 per each of the first 10 acres plus 1 per each acre thereafter
|
4 per each of the first 10 acres plus 2 per each acre thereafter
|
2 racks
| |
Amenity areas incidental to residential development (including
pools, playgrounds, tennis courts, ball fields, etc. but not including
marinas, golf courses and their club houses)
|
1 per each 20 residential units located wholly or partly within
1,500 feet of an amenity area and 1 per each 10 residential units
located wholly or partly more than 1,500 feet from an amenity area
|
1 per each 10 residential units located wholly or partly within
1,500 feet of an amenity area and 1 per each 5 residential units located
wholly or partly more than 1,500 feet from an amenity area
|
3 racks
| |
Agritourism facilities
|
1 per each 300 square feet of building area open to the public
plus 2 per acre for the first 10 acres of land open to the public
plus 1 per acre thereafter
|
1 per each 150 square feet of building area open to the public
plus 4 per acre for the first 10 acres of land open to the public
plus 2 per acre thereafter
|
2 racks
| |
Marinas:
| ||||
Public marinas and marine yards
|
1 per each 4 wet slips plus 1 for each 10 dry storage spaces
plus 10 large enough to accommodate a vehicle and trailer for each
boat ramp
|
1 per each 2 wet slips plus 1 for each 5 dry storage spaces
plus 10 large enough to accommodate a vehicle and trailer for each
boat ramp
|
2 racks
| |
Private marinas incidental to residential development
|
1 per each 20 residential units located greater than 1,500 feet
from the marina parking lot, with a minimum of 5, plus 5 large enough
to accommodate a vehicle and trailer for each boat ramp, but in no
case a number greater than that required for a public marina
|
1.5 per each 20 residential units located greater than 1,500
feet from the marina parking lot, with a minimum of 5, plus 10 large
enough to accommodate a vehicle and trailer for each boat ramp, but
in no case a number greater than that required for a public marina
|
2 racks
| |
Industrial uses, contractors' shops, warehousing, etc.
| ||||
Self-storage centers
|
1 per each 40 storage units
|
1 per each 20 storage units
|
N/A
| |
Wholesaling, warehousing, and contractors' shops (not including
any retail sales)
|
1 per each 4,000 square feet of gross floor area, with a minimum
of 2
|
1 per each 2,000 square feet of gross floor area, with a maximum
of 5
|
N/A
| |
Transportation and distribution
|
1 per each 4,000 square feet of gross floor area, with a minimum
of 2
|
1 per each 2,000 square feet of gross floor area, with a maximum
of 5
|
N/A
| |
Manufacturing, assembly, processing plants and laboratories
|
1 per each 2 employees
|
1 per each employee
|
N/A
| |
All other uses:
| ||||
Not specifically mentioned
|
As determined by the Department
|
As determined by the Department
|
As determined by the Department
| |
Uses normally conducted indoors that are conducted outside
|
As determined by the Department
|
As determined by the Department
|
As determined by the Department
|
(b)
Parking space dimensions. Every off-street parking space, with the exception of parking spaces
reserved for the handicapped, shall measure as follows:
Type of Space
|
Width
(feet)
|
Length
(feet)
| ||
---|---|---|---|---|
Typical space
|
10
|
20
| ||
Parallel space
|
10
|
23
| ||
For commercial facilities over 50,000 square feet in gross floor
area and for park and ride facilities:
| ||||
Not less than 60 percent
|
10
|
18
| ||
Not more than 40 percent
|
9
|
18
|
(1)
The length of a typical parking space may be reduced
from twenty feet in length to eighteen feet in length with a two-foot
overhang into a landscaping strip at the head of the parking space,
provided that the Department has determined that this landscaping
is not necessary to meet the minimum requirements for landscaping
as specified elsewhere in this Title and provided that the encroachment
does not reduce the width of a buffer strip prescribed by this Title.
(c)
Vehicular travelway dimensions.
(1)
Vehicular travelways designed to permit vehicular
travel on the site and to and from adjacent properties and parking
areas shall be constructed as follows:
A.
For vehicular travelways with no adjacent parking
spaces:
Circulation
|
Vehicular Travelway Width
(feet)
| |
---|---|---|
One-way
|
10
| |
Two-way
|
20
|
B.
For vehicular travelways adjacent to parking spaces:
Circulation
|
Vehicular Travelway Width
(feet)
|
Curb to End of Space
(feet)
|
Angle of Parking
(degrees)
|
Size of Parking Spaces
(feet)
| |
---|---|---|---|---|---|
One-way
|
24
|
20
|
90°
|
10 x 20
| |
One-way
|
20
|
22
|
60°
|
10 x 20
| |
One-way
|
16
|
20
|
45°
|
10 x 20
| |
One-way
|
12
|
18
|
30°
|
10 x 20
| |
One-way (parallel)
|
12
|
10
|
N/A
|
10 x 23
| |
Two-way
|
24
|
20
|
90°
|
10 x20
|
(d)
Parking spaces reserved for the handicapped. In all parking areas, except in the case of single-family, two-family
and manufactured homes on single lots, parking spaces reserved for
the handicapped shall be provided as specified in the Maryland Building
Code for the Handicapped and the Uniform Federal Accessibility Standards,
as from time to time amended. In the case of conflicting requirements,
the higher standard or greater restriction shall apply. Reserved spaces
may be credited toward compliance with the off-street parking requirements
of this section.
(e)
Stacking spaces for drive-through uses.
(1)
In addition to meeting the off-street parking requirements
of this section, drive-through facilities shall comply with the following
minimum stacking space standards:
Type of Use
|
Minimum Stacking Spaces
|
Measured From:
| |
---|---|---|---|
Bank, teller lane
|
4
|
Teller window
| |
Bank, automatic teller machine
|
3
|
Teller machine
| |
Restaurant, with drive-through
|
8
|
Order box
| |
Car wash, unattended with automatic drive-through
|
4
|
Bay entrance
| |
Car wash, self-service
|
3
|
Bay entrance
| |
Car wash, attended full-service
|
4
|
Bay entrance
| |
Auto service station, gas pump island
|
30 feet from each end of island
|
N/A
| |
Uses not specifically mentioned
|
As determined by the Department
|
As determined by the Department
|
(2)
Stacking spaces shall be a minimum of twenty feet
in length and shall not block required parking, travelways or loading
spaces.
(f)
Improvements and maintenance requirements
for parking areas and vehicular travelways. All required
parking areas and vehicular travelways shall be designed, constructed
and maintained in accordance with the following requirements:
(1)
All parking areas and vehicular travelways shall
be constructed of materials that provide a hard and durable surface
that precludes or limits particulate air pollution. Concrete, asphalt,
tar and chip, brick, and interlocking paving blocks or stones, including
those semi-pervious systems that retain space for vegetation, are
acceptable paving materials. Other paving materials and systems, including
gravel, stone, stone dust and crushed oyster or clam shells may be
permitted by the Planning Commission where these parking areas are
supplied and maintained with a binding agent to stabilize the surface
and prevent dust. All parking spaces and associated vehicular travelways
provided above the minimum parking requirements established herein
shall be constructed with a pervious paving system with not less than
a twelve-percent void rate as certified by a licensed design professional
and approved by the Department.
(2)
Every parking bay shall be constructed so that
no vehicle, when parked, will overhang any property line or vehicular
travelway.
(3)
Interior vehicular travelways, driveways and parking
bays are to be constructed in accordance with County standards and
are to be congruous with the public street to which the travelways,
driveways and parking bays are connected.
(4)
All off-street parking spaces, except those serving
single-family, two-family and manufactured or mobile homes on single
lots, shall be delineated by durable painted lines that meet the Manual
of Uniform Traffic Control Devices (MUTCD) or its successor. This
requirement may be modified by the Department or Planning Commission
in the case of minor or major site plans, respectively, in individual
cases based on the particular surface material used and other relevant
factors. Any modification so granted shall employ other means to permanently
delineate the parking spaces.
(5)
Parking bumpers or wheelstops shall be at least
five inches high and five inches wide, located no less than eighteen
inches from the head of the parking space and attached to the parking
lot surface. Where parking spaces abut sidewalks, pathways, walls
or fences, landscaped areas or public rights-of-way, parking bumpers,
wheel stops or curbing shall be located not less than three feet from
these features to prevent vehicles from obstructing areas of pedestrian
travel or damaging landscaping or structures.
(6)
All parking areas serving retail uses or any type
of restaurant or bar use shall provide at least one litter receptacle
within the parking area or at the building entrance. One additional
litter receptacle for each seventy-five parking spaces located on
the site shall be provided in the parking area or at the building
entrance or adjoining sidewalk. Litter receptacles shall not obstruct
vehicular travelways, parking spaces or pedestrian walkways.
(7)
Any lighting used to illuminate any vehicular travelways
or off-street parking areas, including any commercial parking lot,
shall be arranged in accordance with § ZS 1-323 hereof
so as to direct the light away from adjoining lots and public rights-of-way
and shall not obstruct vehicular travelways, parking spaces or pedestrian
walkways. Freestanding pole-mounted fixtures may be located within
parking spaces, provided that they are positioned at the shared corners
formed by the head and side lines of no less than two parking spaces.
(8)
Landscaping shall be provided within the parking
area in accordance with the provisions of § ZS 1-322
hereof and any plan adopted by the County Commissioners pursuant to
§§ ZS 1-118(b)(9) and (b)(11) hereof.
(9)
The edges of the parking area shall be curbed or
buffered and the space between all parking areas, regardless of number
of parking spaces, and the road or lot line shall be landscaped and
maintained in an appropriate and appealing condition. Every off-street
parking area for more than five vehicles, other than those associated
with single-family, two-family and manufactured or mobile homes on
single lots, shall be separated by at least fifteen feet from every
road line and six feet from every adjoining parcel zoned or used for
residential purposes. Except as otherwise provided for in the Worcester
County "Design Guidelines and Standards for Commercial Uses," where
adjoining a road, such landscaping shall consist of grass, shrubs,
trees and other appropriate plantings. Where adjoining an A, E, V,
R or RP District, it shall include hedge of sufficient type, opacity
and height (not less than thirty inches) or other appropriate plantings
to protect and screen the adjoining property. At its discretion the
Planning Commission or Department may, where deemed appropriate, permit
a fence or wall of sufficient height and opacity in lieu of the hedge.
(10)
All parking areas and vehicular travelways shall
be continually maintained in good order and free from potholes, areas
of broken or missing surface treatment, weeds, dirt, trash and other
debris.
(11)
All signs within the parking area and along vehicular
travelways shall be approved by the Department.
(12)
Bicycle parking racks shall be located in a clearly
designated durably surfaced area close to the building entrance and
each bicycle parking space shall be at least two feet by six feet.
All bicycle racks shall hold a minimum of five bicycles and shall
be designed for use with U-shaped locks which enable at least one
wheel and the frame of the bicycle to be fastened to the frame simultaneously.
All racks shall be securely fastened to the ground.
(13)
On any site bordering a public road, in lieu of
providing travelways that provide vehicular travel to and from adjacent
property, the owner or developer may dedicate, where necessary, and
construct a service road under County and state standards for such
roads. In such event the setback requirements shall be no greater,
if the service road is dedicated, than the setback required without
dedication, except that in no instance shall a building be constructed
closer than twenty feet to the nearest right-of-way line.
(g)
Joint use parking. The Planning
Commission may at its discretion approve the joint use of required
parking spaces when two or more uses on the same or adjacent properties
are able to share parking due to variations in parking demand schedules.
All requests for approval of joint parking shall be accompanied by
a parking study which shall at a minimum include a site plan and description
of the properties proposed for the joint parking arrangement. Each
site plan and description shall contain a detailed calculation of
the required and provided parking, a listing of the peak hour(s) of
parking demand for each property or site, a statement as to the nature
of use of each site and its hours of operation, a statement as to
the hours of service or resupply for the business located on each
site, and any additional information required by the Planning Commission
to effectively evaluate the request. In addition the applicants shall
conduct no less than three site surveys, on different days and under
different weather conditions, at least one of which shall be conducted
on the busiest day of operation for each site, if one can be determined.
The surveys shall depict the usage of the parking areas on an hourly
basis for the times of normal business hours on each property. Joint
parking may only be approved where:
(1)
The number of parking spaces credited to any property
or use does not exceed what is reasonably anticipated to be available
as may be determined by the Planning Commission.
(2)
Any joint parking spaces intended to serve customers
are located less than five hundred feet and spaces reserved for employees
are located less than seven hundred fifty feet from the entrance of
the building or use served by the joint parking. Distances shall be
measured by the shortest walking path, using sidewalks and crosswalks,
from the farthermost point of the remote parking area.
(3)
The joint parking area is not separated from the
buildings or uses by an arterial or collector highway as listed in
§ ZS 1-326 hereof.
(4)
Signage is provided that identifies the parking
being jointly used, who those spaces are available to, and any restrictions
that may apply.
(5)
Prior to the issuance of any building or zoning
permit all parties execute a written agreement, acceptable to the
County Attorney, providing for the joint use of any parking. The agreement
shall be executed by all parties concerned and shall provide for the
continuing joint use of the parking area according to the terms and
conditions as originally approved by the Planning Commission and shall
be recorded in the land records of Worcester County. Any certificate
of occupancy issued pursuant to a joint parking agreement shall be
conditioned upon the continued availability of the required parking
spaces. Any applicant and his/her successors shall annually provide
the Department with certification that the required parking spaces
are still available.
(h)
Off-premises parking. In a C or 1 District and in a unified development located in any District, up to fifty percent of the parking required by Subsection (a) hereof may be provided off-premises, or where the use or structure is located in a CM District, up to ninety percent of the parking required by Subsection (a) hereof may be provided off- premises, provided that:
[Amended 3-3-2020 by Bill No. 20-1]
(1)
It is not located greater than five hundred feet
from the building or use served by any off-premises parking. Distances
shall be measured by the shortest walking path, using sidewalks and
crosswalks, from the farthermost point of the off-premises parking
area.
(2)
The off -premises parking area is not separated
from the buildings or uses by an arterial or collector highway as
listed in § ZS 1-326 hereof.
(3)
Prior to the issuance of any building or zoning
permit for any use or structure utilizing off-premises parking, the
owners shall execute a written contract, easement or agreement, acceptable
to the County Attorney, providing for the continued use of any off-premises
parking and all terms and conditions as originally approved by the
Planning Commission which shall be recorded in the land records of
Worcester County. Any certificate of occupancy issued for any use
or structure utilizing off-premises parking shall be conditioned upon
the continued availability of the required parking spaces. Any applicant
and their successors shall annually provide the Department with certification
that the required parking spaces are still available.
(i)
Parking in other than commercial, industrial
or commercial marine districts. Parking in the A, E, V,
R or RP Districts shall be permitted only for uses permitted in those
districts.
(a)
Number of loading spaces. Any commercial, industrial, business or other use requiring the
receipt or distribution of materials or merchandise by tractor and
trailer vehicles during normal business hours as determined by the
approving authority shall be provided with off-street loading space(s)
as follows:
[Amended 7-22-2014 by Bill No. 14-5]
(1)
5,000 to 50,000 square feet of gross floor area:
1 loading space required, with a maximum of 2 allowed.
(2)
50,001 to 100,000 square feet of gross floor area:
2 loading spaces required, with a maximum of 3 allowed.
(3)
Greater than 100,000 square feet of gross floor
area: 3 loading spaces required, with a maximum of 4 allowed.
(b)
Loading space size. Each
loading space shall be not less than ten feet in width, sixty-five
feet in length and fourteen feet in clear height.
(c)
Loading space location. Such
space shall be located adjacent to the structure and may occupy part
of any required yard except a front yard and shall not intrude into
required landscape areas. They shall be designed to permit vehicle
ingress and egress and required on-site turning of both delivery and
customer vehicles without infringement on any public rights-of-way
or other lot. Additionally, they shall not interfere with the access
to or use of any required parking space or vehicular travelway. No
loading area or space shall be located within twenty feet of any public
street, public walkway or pedestrian walkway internal to a development
or within any required or designated fire lane.
(a)
Purpose. The purpose and
intent of this section is to protect, preserve and promote the aesthetic
appeal, scenic beauty, character and value of Worcester County; to
promote the public health and safety through the reduction of noise
pollution, flooding, stormwater runoff, air pollution, visual pollution
or clutter, and light trespass or glare; to maintain, preserve and
improve the appearance of the vehicular use areas and property abutting
public rights-of-way; and to require buffering between incompatible
land uses.
(b)
General standards. The following
standards shall apply to all forms of development which are subject
to this section.
(1)
All development plans shall first identify key
environmental features and then design the development plan in such
a manner as to protect and avoid disturbance of these resources. Special
consideration shall be given to wetlands, existing significant trees,
forested areas, floodplains, source water and aquifer recharge protection
areas, areas of critical habitat, water bodies on the state's impaired
waters list or having an established total maximum daily load requirement
and other important environmental features.
(2)
Wherever possible existing forested areas and natural
areas should be preserved as greenways within and around developments
for environmental and recreational purposes and to blend the man-made
and natural environments.
(3)
Natural and landscaped areas on the site shall
be coordinated and linked with natural and landscaped areas on adjacent
properties.
(4)
Landscape areas shall include all areas on the
site that are not covered by buildings, structures, paving or impervious
surfaces.
(5)
At least seventy-five percent of the installed
and replacement plant materials utilized shall be species native to
Worcester County.
(6)
Landscaping shall be arranged so as not to negatively
impact the sight distance at any public road intersection or access
point to a public road from the site. Plantings shall not exceed forty-two
inches at maturity above the established street grade where planted
within thirty feet of the intersection of the road right-of-way lines
or pavement, whichever is greater.
(7)
Each landscaped area must be readily accessible
to a water supply. Unless xeriscaping plant material and technologies
are employed, all landscaped areas shall provide an automatic irrigation
systems with rain sensors. Drip irrigation systems are preferred.
If an automatic system is not feasible, the Planning Commission at
its discretion may approve an alternate watering system to maintain
the plant material.
(8)
All plantings shall be maintained in a healthy
and suitably pruned state. Any landscape element that dies or is otherwise
removed shall be replaced during the next planting season with the
same variety of plant or, upon the Department's approval, one of similar
height and texture as that originally planted.
(9)
In phased construction, the first phase shall include
the landscaping of property perimeters, entry drives, and stormwater
management ponds as well as required parking lot and building landscaping.
(c)
Landscaping and landscaping plan required. Wherever in this Title landscaping or a landscaping plan is required,
such plan shall be prepared by a landscape architect registered in
the State of Maryland or other qualified professional as determined
by the Department. Landscaping shall be installed and maintained in
accordance with a landscaping plan approved by the Technical Review
Committee or Planning Commission. Any subsequent changes to the placement,
size, variety, etc., of required or approved vegetation must be submitted
to the Department for approval.
(d)
Contents of plan. The landscaping
plan shall include sufficient information to demonstrate the function
and intent of the landscaping to be provided and its suitability for
the zoning district in which it is located and the project for which
it has been designed. The landscaping plan shall at the minimum include
the following:
(1)
The location, general type, size and quality of
existing vegetation, including specimen trees and existing significant
trees.
(2)
The existing vegetation to be retained.
(3)
The methods and details for protecting existing
vegetation during construction and the approved sediment and erosion
control plan, if available.
(4)
Location and variety of the proposed vegetation.
(5)
Plant lists or schedules with the botanical and
common name, required and proposed quantities, spacing, height and
caliper of all proposed landscape material at the time of planting
and at maturity.
(6)
The location and description of other landscape
improvements, such as earthen berms, walls, fences, screens, sculptures,
fountains, street furniture, lights, and courts or paved areas.
(7)
Planting and installation details as necessary
to ensure conformance with all required standards.
(8)
A maintenance plan describing irrigation, pruning,
replacement of dead material and other care procedures.
(e)
Landscaping applicability. Landscaping shall be in accordance with the following provisions:
(1)
Where the terms "screened," "visually screened,"
or "densely landscaped" appear in this Title in reference to landscaping
for a particular use or structure, such landscaping shall be in accordance
with the following provisions:
A.
The vegetation shall be thickly planted and of such
species that it will provide a complete visual barrier and thus obscure
the use or structure from sight from adjacent properties once the
vegetation reaches maturity or within five years, whichever comes
first.
B.
Planting shall be located in such a manner that
the vegetation at maturity shall not encroach onto adjacent properties.
(2)
Where the term "buffering" appears in this Title
in reference to landscaping for a particular use or structure, such
landscaping shall be in accordance with the following provisions:
(3)
Where the terms "landscaping," "landscaped open
space" or "ornamentally planted" appear in this Title in reference
to landscaping for a particular use or structure or where a particular
use is referenced to be "in accordance with the provisions of § ZS 1-322
hereof," such landscaping shall be in accordance with the following
provisions:
A.
Landscaping shall be provided throughout the site
for aesthetic purposes and to soften the visual impact of the use
or structure both on site and from adjacent properties.
B.
Landscaping may be a mix of trees, shrubs and other
vegetation and shall be used to prevent erosion and meet the functional
and visual purposes such as defining spaces, accommodating and directing
circulation patterns, managing hardscape impacts, attracting attention
to building entrances and other focal points, and visually integrating
buildings with the landscaping area.
(4)
In order to provide for visual screening between
incompatible land uses, the following types of development shall provide
landscaping in accordance with the provisions of Subsection (e)(1)
hereof adjacent to properties which are zoned as specified in Subsections
(e)(4)A through C hereof. The Planning Commission shall have the right
to modify or waive the requirements specified herein where it deems
appropriate due to special circumstances or conditions. In addition,
the Planning Commission shall have the ability to require visual screening
in conjunction with a plan of development which may not require such
screening, based upon the provisions herein set forth, where a visual
screen is deemed necessary to protect the health, safety and general
welfare of the public.
(5)
In order to provide for buffering between generally
incompatible land uses, the following types of development shall provide
landscaping in accordance with the provisions of Subsection (e)(2)
hereof adjacent to properties which are zoned as specified in Subsections
(e)(5)A and B hereof. The Planning Commission shall have the right
to modify or waive the requirements specified herein where it deems
appropriate due to special circumstances or conditions. In addition,
the Planning Commission shall have the ability to require buffering
in conjunction with a plan of development which may not require such
buffering, based upon the provisions herein set forth, where a landscaped
buffer is deemed necessary to protect and/or preserve the health,
safety and general welfare of the public.
A.
Residential developments.
1.
All major subdivisions, two-family, multi-family
and townhouse developments, manufactured and mobile home parks and
residential planned communities shall be buffered where adjoining
the RP District.
2.
For multi-family and townhouse developments, buffering
shall be required where adjoining the E-1, V-1 and all R Districts.
(6)
The following types of development shall provide
screening in all zoning districts along any arterial or collector
road as defined in § ZS 1-326 hereof and in accordance
with the provisions outlined in Subsection (e)(1) hereof: All major
subdivisions, two-family, multi-family and townhouse developments,
manufactured and mobile home parks, residential planned communities,
and industrial developments.
(7)
Commercial, commercial marine and industrial development
shall provide landscaping along any arterial or collector road as
defined in § ZS 1-326 hereof and in accordance with
the provisions outlined in Subsection (e)(3) hereof.
(8)
The landscaping criteria specified in Subsection
(e) hereof may be modified or waived by the Planning Commission where
it is deemed that strict compliance would cause undue hardship on
the applicant.
(f)
Landscaping within parking areas. Landscaping shall be provided in all parking areas which serve more
than five vehicles in accordance with the following provisions:
(1)
Landscaping internal to parking areas shall consist
of one tree planted for each six parking spaces. Trees shall be located
in islands within the parking lot at intervals of ten contiguous parking
spaces or less. Impervious surfaces shall be kept at least four feet
away from the tree's trunk. The trees shall be at least ten feet in
height and one and one-half inches in caliper and be planted in a
minimum eight-foot-by-twenty-foot landscaped area.
(2)
Planting areas shall be placed at each end of a
parking row.
(3)
Landscaping shall be used to delineate both vehicle
and pedestrian circulation patterns.
(4)
Landscaping internal to parking areas shall also
include shrubs and other appropriate landscaping materials.
(5)
The edges of the parking area shall be curbed or
buffered and the space between all parking areas, regardless of number
of parking spaces, and the road or lot line shall be landscaped and
maintained in an appropriate and appealing condition. Every off-street
parking area for more than five vehicles, other than those associated
with single-family, two-family and manufactured or mobile homes on
single lots, shall be separated at least fifteen feet from every road
line and six feet from every adjoining parcel zoned or used for residential
purposes. Except as otherwise provided for in the Worcester County
"Design Guidelines and Standards for Commercial Uses," where adjoining
a road, such landscaping shall consist of grass, shrubs, trees and
other appropriate plantings. Where adjoining an A, E, V, R or RP District,
it shall include a hedge of sufficient type, opacity and height (not
less than thirty inches) or other appropriate plantings to protect
and screen the adjoining property. At its discretion the Planning
Commission or Department may, where deemed appropriate, permit a fence
or wall of sufficient height and opacity in lieu of the hedge.
(g)
Installation of landscaping; installation
bond. Landscaping shall be installed in accordance with
the approved landscape plan. Installation of the landscaping shall
be complete or bonded in the same manner in which other site improvements
are required to be installed or bonded prior to the approval of the
subdivision plat or issuance of a zoning certificate or other approval.
Prior to the occupancy of the structure or use requiring the landscaping
a perpetual landscaping installation and maintenance agreement shall
be executed and recorded among the land records of Worcester County
to guarantee the planting material's continued viability.
(h)
Inspections and maintenance.
(1)
The owner shall be responsible for the continued
proper maintenance and replacement, if necessary, of all landscaping
materials.
(2)
Landscaping may be inspected periodically by the
Department to ensure proper maintenance. If it is determined that
the landscaping is not being properly maintained, the owner shall
be so notified by the Department in writing. The owner shall have
thirty days from the date of notification to replace unhealthy or
dead plant material or restore it to a healthy condition. If this
notification occurs during a season not appropriate for planting,
the replacement or restoration shall be completed as soon as is determined
reasonably possible by the Department.
(a)
Generally. All lighting,
including exterior lights, signs, building lighting, parking lot lighting,
streetlights and lighting necessary for the safety and protection
of property, shall be directed, controlled and focused within the
site's property lines to minimize glare and illumination of neighboring
properties, protect the night sky from light pollution, and specifically
to direct the light away from adjoining lots or roads. Light quality
and intensity shall be controlled and shall not produce glare that
reduces the visibility of the surrounding buildings. Light trespass
(spillover lighting) onto adjacent properties and glare onto roadways
are not permitted. This prohibition applies to all building and site
lighting and shall be addressed through appropriate luminaire intensities,
mounting heights, landscaping, and fixture shields.
(b)
Standards for multi-family, townhouse,
commercial and industrial development. All exterior lighting
shall comply with the provisions of the Worcester County "Design Guidelines
and Standards for Commercial Uses" pertaining to lighting and with
the following:
(1)
An exterior lighting plan showing the site and
building light fixtures and lighting levels as measured in watts and
lumens shall be prepared and submitted for review and approval in
conjunction with the site plan required by § ZS 1-325
hereof.
(2)
Sodium vapor lights are prohibited. All exterior
lights shall be metal halide or another type of white lighting.
(3)
All exterior light fixtures, other than fixtures
on the building facade, emitting two thousand fifty lumens or more
shall be full-cutoff light fixtures. Such light fixtures are those
designed such that no light is projected at or above a ninety-degree
plane running through the lowest point of the fixture where the light
is emitted and less than ten percent of the rated lumens are projected
between ninety and eighty degrees.
(4)
The maximum heights for freestanding pole-mounted
fixtures shall be sixteen feet or less and thirty-five feet or less
above grade for continuously energized and noncontinuously energized
lights respectively. If a raised foundation is required in parking
areas to protect the poles from automobile front bumpers, the raised
foundation and pole may not exceed heights of eighteen and thirty-seven
feet respectively. Any lighting used to illuminate any vehicular travelways
or off-street parking areas, including any commercial parking lot,
shall be arranged so as to direct the light away from adjoining lots
and public rights-of-way and shall not obstruct vehicular travelways,
parking spaces or pedestrian walkways. Freestanding pole-mounted fixtures
may be located within parking spaces, provided that they are positioned
at the shared corners formed by the head and side lines of no less
than two parking spaces.
(5)
Lighting for canopies shall be restricted to lighting
fixtures, including lenses, that do not project below the bottom of
the canopy.
(6)
High-intensity lighting shall be limited to utility
areas and be located away from or screened from public use areas.
(7)
No lighting fixture shall project light at an angle
greater than forty-five degrees above the horizontal except as specifically
approved by the Technical Review Committee or Planning Commission
after consideration of the object to be illuminated, the angle, the
separation between the fixture and the object, and the strength of
the light source.
(c)
Nuisance lighting. Decorative
or other forms of lighting, while not necessarily illuminating adjoining
properties, shall not cause or create patterns, colors, intermittent
lighting effects, or other lighting that is intentionally or unintentionally
directed onto adjacent or nearby properties and which proves vexatious.
(a)
Generally. Signs are any
device designed to inform or attract or having the effect of informing
or attracting the attention of persons on or not on the premises on
which the device is located. Messages displayed on vehicles or trailers
shall constitute a sign when the vehicle or trailer is primarily situated
or used to serve as advertisement rather than being incidental to
the transportation function of the vehicle or trailer. Any site decoration
which does not include a directional, informational or commercial
marketing message shall not be considered a sign for the purposes
of this section. No sign, sign structure or part thereof shall be
erected, enlarged or altered unless such sign shall be in compliance
with the provisions of this section. Signs visible from a public road
shall not simulate traffic control or other official signs. No sign,
sign structure or part thereof shall be located so as to obstruct
or conflict with traffic sight lines or traffic control signs or signals.
No lighting of signs shall be permitted which is of a flashing, rotating
or other animated type which could tend to blind or unduly distract
motorists, simulate an emergency vehicle, shine directly onto any
lot in the A, E, V, R or RP Districts, or cause pollution of the night
sky. No sign shall be located on or project over a public right-of-way.
No sign shall be attached to any tree, utility pole, shrub or other
natural object except for owner-posted "no hunting" or "no trespassing"
signs. As used in this subsection "sign" shall include billboard.
No sign may contain, depict, or simulate any adult-oriented entertainment
or material but an otherwise permissible sign may otherwise advertise
the fact that adult-oriented entertainment or material is available
at or from the business so advertising.
(b)
Sign area. For the purposes
of this section, the area of signs made up of individual letters,
figures or designs shall be the sum of the area of the smallest rectangle
or other geometric figure encompassing all of said letters, figures
or designs. All backgrounds, edging and framing shall be included
in the sign area, but not mountings. For freestanding signs, when
the interior angle formed by the two faces of the sign is forty-five
degrees or less, only one side shall be counted for the purpose of
calculating sign area. Copy area of a sign shall include any area
of the sign which is designed to inform or attract attention.
(c)
On-premises signs. In addition to the provisions of Subsection (a) hereof, the following shall apply to on-premises signs:
(1)
One permanent sign not exceeding four square feet
in area shall be permitted for home occupations, as defined herein,
in accordance with the district regulations herein. No yard setback
shall be required.
(2)
One permanent sign not exceeding fifty square feet
in area shall be permitted for roadside stands as defined herein and
in accordance with the district regulations herein. No yard setback
shall be required.
(3)
Temporary real estate signs advertising the property
on which they are located for sale or lease, temporary construction
signs located at the construction site, temporary project identification
signs located at the proposed development site, signs used by churches
to identify fund raisers, construction activities, special events,
projects, etc., and temporary signs announcing the opening of a project
shall be permitted, subject to the following provisions:
A.
Such signs ten square feet or less in area and four
feet or less in height shall be permitted without setback requirements.
B.
Such signs greater than ten square feet in area
or more than four feet in height shall be set back from all property
lines at least a distance in feet equal to one-half the area of the
sign measured in square feet, but in no case less than ten feet nor
more than one hundred feet.
C.
No such sign shall exceed fifty square feet in area.
D.
Except as herein provided, all temporary construction
and project identification signs shall be removed from the property
or site within two years of their erection or within ten days after
the sale or lease of the property or completion or abandonment of
the construction work. The Department may grant extensions to the
two-year term in increments of up to two years upon written request
of the property owner.
1.
Temporary signs announcing the opening of a project
shall be removed within thirty days of such opening.
E.
Temporary signs used by churches to identify fund
raisers, construction activities, special events, projects, etc.,
shall only comply with Subsections (c)(3)A through D hereof and shall
be removed within ten days of the conclusion of the event, project
or activity.
F.
Prior to the erection of a temporary construction
sign, temporary project identification sign or temporary sign announcing
the opening of a project, the project must have received a valid building
or zoning permit, a current special exception approval or a current
site plan approval in accordance with § ZS 1-325 hereof.
(4)
Signs shall be permitted on the premises of lawfully
conducted businesses to advertise only the business conducted and/or
the products produced or sold on the premises, in accordance with
the district regulations herein. Signs shall also be permitted on
the premises for public or quasi-public uses conducted on the property
of an educational, recreational, cultural, conservation, religious
or public-service nature. Such signs may be illuminated in accordance
with the provisions of this section. The permissible area and location
of such signs shall be determined according to the following:
A.
Building signs. Signs mounted against a building
wall or mounted upon the roof may contain, in the aggregate, up to
two square feet of area for each linear foot of principal building
width providing the primary customer entrance as defined in Subsection
§ ZS 1-103(b). A portion of the allowable signage may be
transferred to any side of the individual establishment. However,
no individual sign shall exceed two hundred square feet in area. Building
signs, including roof-mounted signs, shall not extend over the highest
point of the coping of a flat roof or the average point between eaves
and ridge for gable, hip, mansard, and gambrel roofs. No building
sign shall be located in or project into any required yard setback.
In the case of a development with multiple establishments on a parcel
of record, the property owner or agent may proportionately allocate
the total allowable on-building signage area among various uses or
tenants. The County is not responsible for enforcing any provisions
of an owner's allocation formula, lease arrangements, or other private
contractual restrictions.
[Amended 10-20-2015 by
Bill No. 15-11; 7-16-2019 by Bill
No. 19-2]
B.
Permanent freestanding signs. One permanent freestanding
sign shall be permitted adjacent to each road frontage for each two
hundred feet of road frontage or portion thereof, provided that no
more than two such signs shall be permitted along each road frontage
on a single lot and no sign shall be located closer than two hundred
feet to any other sign on the same lot, regardless of the sign's frontage.
Additionally, permitted sign area shall be one and one-half square
feet of copy area for each linear foot of road frontage up to the
maximum size for an individual sign as established herein. Furthermore,
all such signs shall be monument signs except as herein provided and
shall be in accordance with the following provisions:
1.
Monument signs for individual establishments shall
not exceed a total of seventy-five square feet in area regardless
of road frontage and a maximum of seven feet in height, including
the base and face. Where the new development grade is below the road
center line, the area in which the sign is situated may be bermed
to the center line grade. The provisions of this subsection may not
be increased or otherwise altered by the Board of Zoning Appeals.
2.
Monument signs serving two or more individual establishments
shall not exceed a total of one hundred square feet in area regardless
of road frontage and a maximum of seven feet in height, including
the base and face. Where the new development grade is below the road
center line, the area in which the sign is situated may be bermed
to the center line grade. The provisions of this subsection may not
be increased or otherwise altered by the Board of Zoning Appeals.
3.
In developments containing three or more commercial
or industrial establishments, where two freestanding signs are permitted
adjacent to the same road right-of-way, the permitted copy area of
both signs shall be combined and utilized on a single freestanding
monument sign on that road frontage. Monument signs shall not exceed
one hundred fifty square feet in area. Such combined sign shall be
a maximum of nine feet in height if in a horizontal orientation where
the width of the sign exceeds its height. Multi-user signs may be
of a vertical orientation, where the height exceeds the width by a
ratio of not less than two to one. Such signs may be a maximum of
fourteen feet in height. Shared signs shall be located at the common
access point regardless of whether the affected businesses are on
one or more lots. Except as provided in Subsections (c)(3), (d)(1)
and (d)(2) hereof regarding temporary freestanding, public event and
directional signs, no other individual freestanding signs shall be
permitted along this frontage. The provisions of this subsection may
not be increased or otherwise altered by the Board of Zoning Appeals.
4.
The Board of Zoning Appeals may permit as a special
exception a single nonmonument freestanding sign adjacent to each
road frontage, provided such sign does not exceed seventy-five square
feet in area nor thirty feet in height above the center line of the
adjacent road surface or above the grade of the surrounding ground,
whichever is higher.
5.
Freestanding signs shall be permitted in any required
yard setback but shall not be located on or project over any adjacent
property or road right-of-way nor shall they be located within the
clear sight triangle of any access point to the roadway.
6.
Signs may face in any direction.
7.
As a condition of sign permit approval, ornamental
landscaping shall be required at the base of all permanent freestanding
signs. The minimum area of required landscaping shall be twenty percent
of the total proposed copy area of the sign. Such landscaping shall
be a mix of planting materials and of varying heights. The height
of landscaping shall be directly proportional to the height of the
sign in order to visually minimize the sign's height.
8.
No on-premises freestanding sign shall be located
on the same property as an existing off-premises billboard.
C.
Temporary freestanding signs. Temporary freestanding
signs shall be permitted, provided that they are located so as to
meet the minimum building setback requirements and in accordance with
the following provisions:
1.
Temporary freestanding signs shall be permitted
under any fuel island canopy, provided that no such signs are suspended
from the canopy.
2.
One temporary/movable A-frame sign with a maximum
copy area of sixteen square feet shall be permitted on any private
sidewalk abutting the principal building for each store within the
principal building, provided that such sign does not obstruct pedestrian
access.
D.
Special exceptions. In any C, I or CM District the
Board of Zoning Appeals, as a special exception, may permit one additional
on-building sign not exceeding the permitted size for the principal
on-building sign or, alternatively, an increase of not more than twenty
percent in the area of a single on-building sign where the applicant
can show that such increase is necessary owing to the unique nature
of the site or the uses and/or structures located thereon. The Board
shall permit such an increase only where it will not have an adverse
effect on adjacent property and/or local traffic safety.
(5)
Farm signs identifying the name of the farm or
estate, the name of the owner and the nature of the farm and its products
shall be permitted in any district. Such signs shall be limited to
one per farm or estate entrance and shall not exceed twenty square
feet in area. No yard setback requirements shall apply.
(6)
Historic markers erected by a federal, state or
County agency or quasi-public organization, not exceeding ten square
feet in area, shall be permitted in every district. No yard setback
requirements shall apply.
(7)
Signs indicating the presence of a wildlife sanctuary
or conservation area, signs identifying field crops and signs displaying
"no hunting" or "no trespassing" or similar information, not exceeding
ten square feet in area, shall be permitted in every district. No
yard setback requirements shall apply.
(8)
Signs indicating alarm systems on a premises or
providing information for emergency personnel, not exceeding one and
one-half square feet in area, shall be permitted at the entrance from
the road to the lot upon which the premises is located. Such sign
may be affixed to any dwelling, manufactured home or commercial unit.
However, there shall be no more than four such signs for each dwelling,
manufactured home or commercial unit, and such signs shall contain
no information tending to be contrary to information required under
the County Uniform Property Numbering System. The sign may only contain
the County uniform property number and the name of the security company.
In addition, any sign affixed to a structure may also include the
telephone number of the security company. For the purpose of this
subsection, "security company" shall mean one that provides a security
service to the premises.
(9)
Internal community signs shall be located within
the boundaries of an established community as shown on a site plan
or subdivision plat approved by the Planning Commission. Internal
community signs shall only be for the purpose of conveying community
events, amenity and emergency information and shall not include any
commercial advertising message unassociated with the community. Such
signs may be permitted subject to the following provisions:
[Added 2-16-2021 by Bill No. 21-2]
A.
No more than eight such signs shall be permitted for any community.
B.
Such signs may be located in any R, E or V Zoning District.
C.
All signs shall be setback a minimum of four hundred and fifty
feet from the perimeter boundary line of the established community
and shall be separated by not less than one hundred feet from any
other sign on the same parcel or lot.
D.
Such signs shall not be subject to any yard setback requirements;
however, no sign shall project over any property line or road right-of-way.
E.
The sign must be of a monument design and shall not exceed either
forty square feet in area or ten feet in height, including the base
and face. Where the grade at the sign base is below the road center
line, the area in which the sign is situated may be bermed to the
center line grade. The provisions of the subsection may not be increased
or otherwise altered by the Board of Zoning Appeals.
(d)
Off-premises signs. In addition to the provisions of Subsection (a) hereof, the following shall apply to off-premises signs:
(1)
Temporary public event signs. Temporary signs advertising
places or events of a public or quasi-public nature shall be permitted
in any district, provided such signs shall not be illuminated and
shall not exceed twenty square feet in area each. Political campaign
signs shall be permitted in all districts and shall not be restricted
as to number. All off-premises temporary public event and political
campaign signs shall comply with the size and setback provisions applying
to real estate and construction signs as specified in Subsection (c)(3)
hereof. Except for political campaign signs, all temporary signs shall
be removed within ten days after the event.
(2)
Directional signs.
A.
The Board of Zoning Appeals, as a special exception,
may approve up to two directional signs in cases where the Board determines
that such signs are necessary for directing motorists and are not
for advertising. Only those directional signs which are reasonably
necessary to guide the public shall be permitted. Such signs shall
be limited to indicating a change in direction and may include the
business name only; they shall not be used for advertising purposes.
Signs containing the phrase "straight ahead" or other similar verbiage
shall not be permitted. Such signs may be permitted for any business,
institution, subdivision or other structure or use and shall not be
more than four square feet in area nor more than fifteen feet in height.
In the case of extreme circumstances where the public may not otherwise
be able to locate such structure or use, the Board of Zoning Appeals
may approve additional directional signs. Directional signs may be
located in any district and shall be exempted from all setback requirements
except those approved by the Board.
B.
One temporary directional sign to a private residence
which is for sale shall be permitted by right in any district at the
street end on which the residence is located, provided that permission
is obtained from the owner of the property on which the sign is located,
the sign is not placed within any public right-of-way and such sign
does not exceed six square feet in area.
C.
Two directional signs for a bona fide church, temple
or mosque shall be permitted by right in any district. Such signs
may include times and days of regular services or special events.
No such sign shall exceed eight square feet in area or fifteen feet
in height and may not be placed within any public right-of-way.
(3)
No new billboards shall be erected.
(4)
Existing billboards.
A.
Legally existing billboards may remain and be periodically
maintained as permitted nonconforming structures and uses. Notwithstanding
the provisions of § ZS 1-122(d)(1) hereof, the Board
of Zoning Appeals shall have no authority to grant a special exception
for the reconstruction, expansion, relocation or structural alteration
to an existing billboard.
[Amended 6-15-2021 by Bill No. 21-5]
B.
No billboard shall have more than two hundred square
feet of copy area per facing and the trim shall not exceed forty percent
of the copy area. No such sign shall have an overall height of more
than twenty-five feet above the ground level or twenty-five feet above
the grade level of the adjacent road if higher. No more than one such
billboard shall be erected at any one location and facing the same
direction.
C.
No billboard shall be located less than three hundred
feet from any other billboard on the same side of the road, except
when such sign is part of a double-faced or V-type structure where
the interior angle of the "V" does not exceed forty-five degrees,
nor shall any billboard be located less than one hundred feet from
any R District or three hundred feet from any public or private school,
park, library, church, historical shrine or other building or landmark
maintained as such by a public or semipublic agency.
D.
Billboards shall be set back at least as far as
the required front yard depth for a principal building within the
pertinent zoning district.
(5)
Any billboard or off-premises advertising structure
which is destroyed by the forces of nature may be reconstructed in
accordance with the provisions of § ZS 1-122(d)(6)
hereof. Such reconstruction shall be limited to the following:
[Amended 6-15-2021 by Bill No. 21-5]
(e)
Electronic messaging signs. All signs employing electronic messaging shall be subject to this
section.
(1)
ELECTRONIC CHANGEABLE COPY SIGN
ELECTRONIC GRAPHIC DISPLAY SIGN
ELECTRONIC MESSAGING SIGN
FLASHING SIGN
SHIMMERING SIGN
VIDEO DISPLAY SIGN
For purposes of this section, the following definitions
shall apply:
A sign or portion thereof that displays electronic, nonpictorial,
text information in which each alphanumeric character, graphic, or
symbol is defined by a small number of matrix elements using different
combinations of light emitting diodes (LEDs), fiber optics, light
bulbs or other illumination devices within the display area. Electronic
changeable copy signs include computer programmable, microprocessor
controlled electronic displays.
A sign or portion thereof that displays electronic, static
graphics or static pictures, with or without information, defined
by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area where the message change
sequence is accomplished immediately or by means of fade, repixalization
or dissolve modes. Electronic graphic display signs include computer
programmable, microprocessor controlled electronic or digital displays.
Electronic graphic display signs include projected images or messages
with these characteristics onto buildings or other objects.
An electronic changeable copy sign, an electronic graphic
display sign, or video display sign.
A directly or indirectly illuminated sign or portion thereof
that exhibits changing light or color effect by any means, so as to
provide intermittent illumination that changes light intensity in
sudden transitory bursts and creates the illusion of intermittent
flashing light by streaming, graphic bursts showing movement, or any
mode of lighting which resembles zooming, twinkling, or sparkling.
A sign which reflects an oscillating, sometimes distorted
visual image.
A sign that changes its message or background in a manner
or method of display characterized by motion or pictorial imagery,
which may or may not include text and depicts action or a special
effect to imitate movement, the presentation of pictorials or graphics
displayed in a progression of frames which give the illusion of motion,
including but not limited to the illusion of moving objects, moving
patterns or bands of light, or expanding or contracting shapes, not
including electronic changeable copy signs. Video display signs include
projected images or messages with these characteristics onto buildings
or other objects.
(2)
Electronic messaging signs are subject to the following
provisions:
A.
The size and location of the sign shall be in accordance
with all other requirements of this section.
B.
The electronic display of background color tones,
lettering, logos, pictures, illustrations, symbols, and any other
electronic graphic or video display shall not blink, flash, rotate,
scroll, change in illumination intensity, or otherwise change in outward
appearance, except when the electronic message or display is changed
to another message or display, and as otherwise provided in this section.
C.
The electronic display of background color tones,
lettering, logos, pictures, illustrations, symbols, and any other
electronic graphic or video display for advertising signs shall not
change at intervals less than eight seconds.
D.
The maximum duration of the transition of the electronic
image or message change shall be no more than two seconds.
E.
All electronic messaging signs must be equipped
with a default mechanism that will stop the messaging or freeze the
image in one position when a malfunction in electronic programming
occurs.
F.
Electronic messaging signs must not exceed a maximum
illumination of five thousand nits during daylight hours and a maximum
illumination of five hundred nits between dusk to dawn as measured
from the sign's face at maximum brightness.
G.
Electronic messaging signs must have an automatic
dimmer control to produce a distinct illumination change from a higher
illumination level to a lower level for the time period between one-half
hour before sunset and one-half hour after sunrise.
H.
Audio speakers are not allowed in conjunction with
any electronic messaging sign.
I.
Any form of pyrotechnics is prohibited in association
with an electronic messaging sign.
J.
Only one electronic messaging sign shall be allowed
per parcel or lot.
(f)
County signs. The County
Commissioners may erect such signs for governmental purposes as they
deem necessary and proper without complying with the terms of this
section and may permit municipalities to do the same where the Commissioners
determine that such signs are necessary to promote local tourism.
(g)
Community and geographic region identification
signs. Community and geographic region identification
signs may be permitted subject to the following provisions:
(1)
No more than two such signs shall be permitted
for any community or geographic region. Signs shall be located within
the boundaries of an established community or geographic region as
shown on a site plan or subdivision plat approved by the Planning
Commission.
(2)
Such signs may be located in any zoning district
and shall be exempted from all setback requirements except that said
sign cannot project over any property line or road right-of-way.
(3)
The message shall be restricted to only the identification
of the community or geographic region.
(4)
The sign must be of a monument design and shall
not exceed fifty square feet in area or six feet in height.
(5)
The sign may face in any direction.
(6)
Any illumination of the sign must comply with § ZS 1-323
hereof regarding exterior lighting.
(7)
Landscaping shall be required in the vicinity of
the base of the sign and be at least fifty square feet in area.
(8)
Electronic messaging signs are strictly prohibited.
(h)
Lighting of signs. Except as provided in Subsection (e) hereof, all signs shall comply with the following provisions:
(1)
No sign shall be erected or maintained which contains,
includes, or is illuminated by any flashing light, electronic change
in message, electronic change in background color, electronic change
in light intensity, or electronic video display, except those giving
highway public service information such as lane closures, road closures,
detours, and those giving time, date and temperature.
(2)
Light directed on, or internal to, any sign shall
be shaded, shielded or directed so that the light intensity or brightness
shall not adversely affect surrounding or adjoining premises or the
night sky, nor adversely affect safe vision of operators of motor
vehicles. Light shall not shine or reflect on, or into, residential
structures. No lighting fixture shall project light at an angle greater
than forty-five degrees above the horizontal except as specifically
approved by the Technical Review Committee or Planning Commission
after consideration of the angle, the separation between the fixture
and the sign, and the strength of the light source.
(3)
No sign shall be erected or maintained which shall
be so placed or illuminated that it interferes with the effectiveness
of or obscures any official traffic sign, device, or signal, or any
otherwise official sign.
(i)
Sign permits. All signs,
except temporary freestanding signs, security signs, temporary real
estate signs, temporary signs announcing the opening of a project,
political and construction signs, signs announcing a public or quasi-public
event, and historic and conservation signs, shall be deemed permanent
signs. No permanent sign shall be erected, enlarged or altered without
a permit from the Department. The act of changing only the copy of
a sign shall not be considered an alteration. Applications for permits
shall be submitted to the Department on forms obtainable from the
Department. Each application shall be accompanied by drawings and
written material showing the area, appearance and message of the sign,
the method of illumination, the exact location and height of the proposed
sign with regard to property lines, setbacks and structures, the method
of support, attachment of such sign to the building if pertinent,
and any required landscaping.
(a)
Purpose and intent. The
purpose of this section is to encourage innovative and creative design
and facilitate use of the most advantageous construction techniques
in the development of land in the County. This section is intended
to ensure ample provisions for the efficient use of land while also
protecting sensitive areas and to promote high standards in the layout,
design, landscaping and construction of development to ensure public
safety, environmental quality and compatibility with adjacent and
nearby properties. This section is intended to supplement those regulations
and requirements contained elsewhere in this Title and is intended
to further the purposes and provisions of the Comprehensive Plan,
plus the standards and criteria for construction of facilities in
the County.
(b)
Administrative procedures. In addition to the regulations contained in this section, the Planning
Commission may, subsequent to a public hearing held after notice pursuant
to § ZS 1-114 hereof and with the approval of the County
Commissioners, establish reasonable additional administrative procedures
or adopt development standards dealing generally with construction
of required site improvements, landscaping and other criteria applicable
to site plan reviews.
(c)
Waiver of requirements. With
the exception of the requirements of Subsection (g)(5) hereof, any
requirement of this section may be waived by the Planning Commission
in specific cases where such requirement is deemed to be overly restrictive
or unreasonable as applied to such case. In such case, a waiver shall
not be adverse to the purpose of this section. Where the Department
may grant administrative waivers as set forth in Subsection (d)(2)
hereof or where the site plan is determined to be a minor site plan
as set forth in Subsection (f)(1) hereof, the Department or the Technical
Review Committee, respectively, may grant the waiver permitted herein.
(d)
When site plan approval is required.
(1)
Development subject to review. A site plan and
approval is required when a use or structure is identified as being
subject to the provisions of this section. In addition, a site plan
shall be submitted and approval required for the following:
A.
Any single development with more than one establishment
where the vehicle parking spaces are used in common by all of the
establishments in the development.
B.
When an existing residential use is proposed for
change to a commercial, industrial or multi-family residential use.
C.
All public and semipublic buildings and institutions.
D.
Any development or redevelopment, including subdivision,
for which any portion of the development falls within the geographical
parameters of a transportation corridor plan or other pertinent plan
duly adopted by the County Commissioners.
E.
Any use or structure which is cited in this Article
as being subject to this section.
(2)
Administrative waiver. The requirement to submit
a site plan may be waived by the Department for commercial and industrial
structures which do not exceed two thousand five hundred square feet
of gross floor area or more than ten required parking spaces or constitute
a minor conversion of use where there is sufficient information provided
with the building permit application to ensure that all ordinance
requirements are being met. The Department may, due to the complexity
of the project and the need for a more comprehensive review by several
departments or agencies, require that a site plan be reviewed by the
Technical Review Committee.
(3)
Structures exempt from site plan review. The Department
may exempt any structure otherwise subject to this section from the
requirements hereof, provided that such structure:
(4)
Review required before issuance of permit. When
a use or structure is identified as being subject to the provisions
of this section, no building permit shall be issued for any work in
connection with the use or structure until a site plan has been reviewed
and approved for such use or structure.
(e)
Preparation, contents and submission.
(1)
Generally. The following general regulations shall
govern the preparation, contents and submission of site plans:
A.
Site plans shall be prepared at a scale of one inch
equals fifty feet or larger. No sheet shall exceed twenty-four by
thirty-six inches in size.
B.
A site plan may be prepared on one or more sheets
to clearly show the information required by this section and to facilitate
the review and approval of the plan. Where multiple sheets are used,
elements required to be shown on a site plan should be grouped in
a logical and reasonable manner.
C.
When more than one sheet is required to cover the
entire project, a common sheet, general in nature, shall be provided,
which shall show all individual sheets of an application in proper
relationship to each other. If prepared on more than one sheet, match
lines shall clearly indicate where the several sheets join.
D.
Ten clearly legible copies of a proposed site plan
shall be submitted to the Department to be reviewed. Ink or pencil
notations/revisions will not be accepted on prints. Once reviewed
and approved, ten clearly legible copies of the approved site plan
shall be submitted to the Department. In the event that the Department
determines that a greater number of site plans are required to allow
for adequate review, additional copies may be requested. Those site
plans pursuing an administrative waiver or exemption need only submit
one copy of the site plan to the Department for evaluation and review
unless advised otherwise by the Department.
E.
Profiles must be submitted on standard plan profile
sheets or other format acceptable to the Department. Special studies,
as required, may be submitted on standard cross-section paper and
shall be at an appropriate scale. No sheet size shall exceed twenty-four
by thirty-six inches in size.
F.
All horizontal dimensions shown on the site plan
shall be in feet and decimals of a foot to the closest one-hundredth
of a foot and all bearings in degrees, minutes and seconds, minimum
accuracy. Additionally, all major site plans as defined herein or
any site plan that results in the creation of a new public or private
road or the creation of a new property address shall be tied to the
Maryland State Plane Coordinates and submitted in an electronic format.
(2)
Fee to be paid at time of submission. The County
Commissioners shall establish a schedule of fees to alleviate the
cost of reviewing the site plans described herein. Such fees shall
be collected by the Department at the time of filing.
(3)
Contents of site plan. All site plans shall at
the minimum contain the following information, either on the site
plan itself or as an additional submission:
A.
An existing conditions plan identifying all key
environmental features, including tidal and nontidal wetlands, waterways
and drainageways, existing significant trees, forested areas, floodplains,
source water and aquifer recharge protection areas, areas of critical
or special habitat, water bodies on the state's impaired waters list
or having an established total maximum daily load requirement, the
Chesapeake or Atlantic Coastal Bays Critical Area boundary and designation,
existing topography, with a maximum of two-foot contour intervals,
and other important environmental features.
B.
All property lines as surveyed by a registered property line surveyor or professional land surveyor of the State of Maryland. The requirement for the survey of all property lines as specified herein may be waived by the Department for minor site plans and major site plans as defined in Subsection (f) hereof where alternative boundary information is determined to be acceptable.
C.
The proposed finished grading, with a maximum of
two-foot contour intervals.
D.
An approved stormwater management plan or waiver,
as applicable.
E.
An approved sediment and erosion control plan.
F.
The location and size of all recreation and open
space areas.
G.
The general location of the property by use of an
insert vicinity map, the North arrow, the scale, the tax map, parcel
and lot number information, the tax account identification number,
the zoning classifications, and the date.
H.
The approximate location of abutting and nearby
roads, structures, use areas, parking lots, fences, walls, signs,
waterways and other significant physical features within one hundred
feet of the property line and the location of all agricultural structures
within two hundred feet of the property line. The plan shall also
show the owners, zoning and present use of adjoining and nearby tracts,
including those across roads or waterways.
I.
The total acreage of the tract and the acreage proposed
for each type of use, the area of all structural improvements, including
parking and incidental structures, the dimensions of the building
footprint(s), the floor area of each building, and the square footage
of area dedicated for each use within each building. If the proposed
structural improvements are a multi-family residential or townhouse
building, the number of dwelling units in total and per building shall
also be shown.
J.
The size, type and location of all structures, building
entrances, outdoor storage or display areas, use areas, signs, minimum
and proposed yard setbacks, waterways, drainageways, utility lines,
easements, landscaping, exterior lighting and other physical features.
Both existing and proposed features shall be shown and labeled as
such.
K.
All vehicular ingress and egress to the site, vehicular
travelways and circulation, off-street parking spaces, stacking spaces,
parking bays, loading spaces, the dimensions of typical and handicapped
parking spaces, the method of parking space demarcation, dimensions
of vehicular travelways and proposed surface treatment, and clear
sight triangles at intersections. Information relative to parking
spaces, stacking spaces, and loading spaces shall indicate the number
required and the number provided. Additionally, pedestrian walkways
and bicycle paths and circulation shall be shown and described in
detail.
L.
The location, type, size and height of all fencing,
screening and retaining walls.
M.
The location, width, size and intended purposes
of all easements and rights-of-way and whether they are to be publicly
or privately maintained.
N.
The location, width, names, curve data, grades and
sight distances at intersections for all existing and proposed streets.
O.
All existing and proposed wastewater facilities,
indicating all pipe sizes, types, grades, invert elevations, location
of manholes and such other data as may be deemed necessary by the
Department. In the case of private, on-site treatment and disposal,
the location and size of the initial and replacement septic areas
shall be shown.
P.
All existing and proposed water facilities, including
all wells, water mains and their sizes, valves and fire hydrant locations.
Q.
The location and size and the proposed method of
any required screening or buffering of any existing and proposed service
and utility areas for trash collection, compaction, recycling, utilities,
mechanical equipment, delivery and loading. Such areas shall not conflict
with normal traffic circulation on or off of the site.
R.
The names and mailing addresses of the property
owner, the applicant, if different, and the person who prepared the
site plan. The plan shall also bear the original signatures of the
property owner, applicant, if different, and the person who prepared
the site plan.
S.
A signature panel with a space identified for the
signature of the Chairman of the Planning Commission or the Department,
as applicable.
T.
Schematic elevations and floor plans drawn to scale
for any freestanding signs and for all buildings or structures, including
but not limited to building height, number of stories, type of construction,
finish materials, colors, awnings, roof style and materials, architectural
tradition or style, mechanical equipment, and the size and location
of any on-building signs. The information provided in the elevations
shall be of sufficient detail to assess compliance with the Worcester
County "Design Guidelines and Standards for Commercial Uses."
U.
Such additional data, drawings or documentation
as deemed necessary by the Department, Technical Review Committee
or Planning Commission to adequately review the application for compliance
with the intent and provisions of this Title.
(4)
The Department, Technical Review Committee or Planning
Commission may, at its discretion, waive or modify the site plan standards
of Subsection (e)(3) hereof when such standards are not necessary
to conduct an adequate review of the application.
(f)
Classifications of site plans and review
procedures.
(1)
A "minor site plan" shall be defined as a site
plan for a building or buildings in which the cumulative gross floor
area does not exceed a total of ten thousand square feet and the land
area devoted to the use, including all structural improvements, parking,
vehicular travelways, storage areas, stormwater management facilities
and incidental facilities, does not exceed three acres, or, if no
building or buildings will be constructed, a site plan for a use of
land for which the total land area devoted to the use does not exceed
three acres. All minor site plans shall be reviewed and approved by
the Technical Review Committee, except that the Technical Review Committee
shall have the authority to forward any application for a minor site
plan to the Planning Commission for its review and final approval
where the Technical Review Committee determines that the site plan
has broad impact on the County, or where it is otherwise deemed appropriate.
(2)
A "major site plan" shall be defined as any site
plan which is not a minor site plan as herein defined. All major site
plans shall be reviewed by the Technical Review Committee and reviewed
and approved by the Planning Commission.
(3)
The Technical Review Committee or the Planning
Commission, as required, shall review the site plan for compliance
with the County's Comprehensive Plan, this Title and other applicable
regulations.
A.
In its review, the approving body may request written
opinions and/or decisions from other departments, divisions, agencies
or authorities of the County government, from officials, departments
or agencies of the state and from other qualified persons as may,
from time to time, be retained.
B.
The Department shall submit site plans to the local
agent of the Maryland Department of the Environment for its review
and recommendation relative to proposed wastewater disposal systems
and water supply systems, including grading and drainage considerations
related to the systems. No site plan shall be approved where individual
or private shared/community water supply and/or wastewater disposal
systems are proposed until written approval has been secured from
the local agent of the Maryland Department of the Environment. The
local agent shall determine the suitability of the soil and topography
for wastewater disposal systems with subsurface disposal and shall
not approve such proposed development plans when satisfactory service
is not reasonably anticipated.
C.
Final approval cannot be granted to a site plan
by the Technical Review Committee nor can a site plan be submitted
to the Planning Commission for its review and approval until wetland
or buffer impacts have been approved by the appropriate governing
agency.
D.
In reviewing a site plan, the Department, Technical
Review Committee and/or Planning Commission shall consider and impose
requirements, where deemed appropriate, with respect to the following:
1.
Protection of existing key environmental features
and connectivity of such features to those on adjacent and nearby
properties.
2.
Access to structures.
3.
Vehicular traffic flow.
4.
Access to public roads and streets.
5.
Pedestrian and nonmotorized access and circulation.
6.
Fire equipment access.
7.
Refuse removal.
8.
Existing and proposed vegetative cover.
9.
Source water protection and aquifer recharge areas.
10.
Drainage flows, structures and impacts, both on-site
and off-site.
11.
The project's compatibility with the uses, structures
or features of surrounding properties.
12.
Consistency with the Worcester County "Design Guidelines
and Standards for Commercial Uses," any transportation corridor plans
or other pertinent plans duly adopted by the County Commissioners.
E.
In conjunction with its review and approval, the
approving body may require changes in the site plan or attach conditions
or restrictions when such changes, conditions or restrictions protect
key environmental features, coordinate the proposed development with
surrounding properties or improve the protection of the public's health,
safety and general welfare.
F.
The developer shall be advised as to the comments,
requirements and decisions of the Department or approving body. Such
notification shall be by formal letter or electronic communication
and may include markings or notations on the site plan.
(g)
Approval or disapproval generally.
(1)
The Department, the Technical Review Committee
and the Planning Commission shall not be required to review site plans
that are incomplete.
(2)
Approval or disapproval of a site plan by the approving
body shall occur within sixty days of review of a complete application
and site plan by the approving body. The applicant shall be responsible
for making any revisions to the site plan necessary for its approval
within sixty days of the review by the approving body or the site
plan shall be denied. The applicant may request an extension of the
sixty day time period where abnormal and unusual circumstances exist.
(3)
Approval shall be evidenced by the signature of
the Department, Technical Review Committee Chairman, Planning Commission
Chairman or his/her designee on the plan. No rights shall vest until
such signature is affixed thereto.
(4)
The approval of the site plan, the bonding of all
required public improvements and the receipt of all applicable permits
and approvals shall constitute County authorization to proceed with
construction of improvements within the area proposed and in accordance
with the approved site plan.
(5)
No rights shall vest until approval of the site
plan is granted by the approving body. Approval of the site plan submitted
under the provisions of this Title shall expire twenty-four months
after the date of such approval unless building permits have been
obtained for construction in accordance therewith. Site plan approval
shall expire upon expiration of the building permit. A maximum of
three individual one-year extensions may be given by the Department
upon written request by the applicant to the Department made no less
than sixty days before the expiration of the approved site plan, provided
that the site plan is in accordance with all County plans and ordinances
in effect at the time of the application for extension. Any bonds
or other forms of financial surety must also be extended in conjunction
with any building permit issued subsequent to site plan approval.
Unless approval shall expire as specified herein, the approved site
plan shall be considered to have vested rights with respect to all
applicable County regulations in effect at the time of approval or
reapproval. In considering a request for extension of site plan approval,
the Department must find affirmatively all of the following:
A.
The extension is desirable to promote the orderly
development of the area where the project for which the extension
is sought is located.
B.
Failure to grant the extension will result in an
impractical situation with respect to future development in the area.
C.
The granting of the extension is in keeping with
sound zoning principles and the purposes of this Title.
D.
The applicant has made a good faith effort to complete
the project within the permit life.
E.
The site plan is in accordance with all County plans
and ordinances in effect at the time of the application for extension.
(h)
Plan changes or revisions.
(1)
No change, expansion, contraction, revision, deletion,
addition, erasure or other modification shall be made on any pending
or approved site plan nor on any accompanying data sheets where approval
has been endorsed on the plan or sheets unless authorization for such
change is granted, in writing, by the approving body or its authorized
agent.
(2)
Any revision to an approved site plan shall be
processed in the same manner as the original approval. Minor and/or
technical changes which do not substantially alter the original approved
site plan may be authorized by the Department subject to the following
provisions:
A.
The Department shall determine whether a change
is minor or major based upon the original approval criteria and consideration
of the effect of the change on the design and function of the plan.
B.
In the case of a grandfathered or vested site plan,
the Department shall consider whether the change results in the project
having a greater degree of conformity with existing regulations in
making the determination as to whether a change is minor or major.
C.
The Department shall have the authority to refer
any change to the approving body for final determination.
D.
Approval of a revision to a site plan shall not
be construed in any manner to extend the life of the original approval.
(i)
Approval of site plan, issuance of permit
and subsequent construction.
(1)
No construction or site improvement shall be initiated
until the site plan has been approved and all proper permits issued.
(2)
No permit or plan approval shall be issued by any
administrative offices or agent of the County for the construction
of any building or improvement requiring a permit for any property
covered by a site plan unless it is in conformity with the provisions
of this section and the duly approved site plan.
(3)
Approval of a site plan by the Department, Technical
Review Committee or Planning Commission shall authorize construction
only in accordance with the approved site plan. Deviation from the
approved site plan or failure to abide by attached restrictions or
conditions shall be considered a violation of this Title.
(j)
Required standards and improvements
generally. In addition to those improvements and standards
specified in other sections of this Title, the following minimum standards
and improvements shall also be required:
(1)
All improvements required by this Title shall be
installed at the cost of the developer and in accordance with design
and construction standards of the County. In cases where specifications
have been established either by the County Commissioners or by this
Title, such specifications shall be followed and the most restrictive
specifications will prevail. Any bonds or other financial surety posted
by the developer shall not be released until construction has been
inspected and accepted by the appropriate County department.
(2)
Prior to the issuance of any building permit or
use of land permit, the owner or developer shall execute an agreement
with the County to construct required physical improvements that are
located within public rights-of-way or easements or are connected
to any public facility, said agreement to be in form and substance
as approved by the County. The owner or developer shall also post
a bond with surety, cashier's check or escrow account in the amount
of one hundred twenty-five percent of the estimated cost of the required
improvements, as determined by the appropriate County department.
The aforesaid agreement and bond shall be provided to guarantee completion
of all work covered thereby within the time period to be determined
by the County Commissioners. The time period may be extended by the
County Commissioners upon written application by the owner or developer
signed by all parties (including sureties) to the original agreement.
The adequacy, conditions and acceptability of any bond hereunder shall
be determined by the County Commissioners or their designee.
(3)
When a site plan abuts one side of any public road
which is in the existing County road system or is proposed to be added
to the County road system, the owner or developer shall be required
to dedicate at least one-half of the right-of-way necessary to make
horizontal and vertical adjustments to such roadway. Any such right-of-way
addition shall be dedicated for public use and recorded as such. All
building setbacks shall be measured from the additional dedicated
right-of-way.
(4)
All roadway construction standards and geometric
design standards shall be in accord with those established in the
pertinent adopted standards of the County.
(5)
On any site bordering a public road, in lieu of
providing travelways that provide vehicular access and connectivity
to and from adjacent property, the owner or developer may dedicate,
where necessary, and construct a service road under County and state
standards for such roads. In such event, the setback requirements
shall be no greater, if the service road is dedicated, than the setback
required without the dedication, except that in no instance shall
a building be constructed closer than twenty feet to the nearest right-of-way
line.
(6)
Interior travel lanes, vehicular travelways and
parking bays are to be constructed in accordance with County standards
and are to be congruous with the public street to which the travel
lanes, vehicular travelways and parking bays are connected. Every
parking bay shall be so constructed that no vehicle, when parked,
will overhang property lines or moving travel lanes.
(7)
Adequate easements shall be provided for drainage
and all utilities on any parcel or tract in accordance with County
standards. Where multiple structures or pipes are installed, the easement
shall extend at least five feet beyond the furthermost limits of the
utilities.
(8)
The owner or developer shall provide for all utilities
and services required, including both on-site and off-site improvements.
The owner or developer shall propose specific improvements for consideration,
modification and approval by the appropriate County department. Any
tests or studies necessary to provide for adequate utilities, services,
roadways, and other site improvements shall be the responsibility
of the owner or developer.
(9)
Landscape plantings, buffering, screening, fences,
walkways, bicycle paths, curbs, gutters and other physical improvements,
as required by this Title or other ordinances or plans of the County,
shall be provided by the owner or developer.
(10)
Where central water is available, fire hydrants
or other fire suppression methods served by an adequate water supply
and distribution system will be provided by the owner or developer
in the total area proposed for development in the locations as specified
by the Worcester County Fire Marshal.
(11)
It shall be the responsibility of the owner or
developer to provide adequate supervision on the site during the installation
of all required improvements and to have a responsible superintendent
or foreman, together with one set of approved plans, profiles and
specifications, at the site at all times when work is being performed.
It shall also be the responsibility of the owner to contact the County
to request all pertinent inspections as required. The County may require
the provision of third party inspectors at the expense of the owner
or developer where specific site conditions, methods of construction,
or timing of inspections warrant.
(k)
As-built survey of completed improvements. Upon the satisfactory completion of all required improvements shown
on the approved site plan, the owner or developer shall submit to
the Department two copies of a survey of as-built conditions prepared
by a surveyor registered in the State of Maryland that accurately
depicts the improvements as they were actually constructed, installed
or planted on the site. Such plan shall be submitted at least one
week prior to the requested occupancy of any building for review by
the Department to ascertain whether the as-built conditions are in
conformity with the approved site plan and with the pertinent County
regulations and to verify that the as-built plan accurately represents
actual improvements on the site. No building shall be occupied until
the as-built plan has been reviewed by the Department and the Department
has verified that all requirements and conditions of site plan approval
have been complied with or the completion thereof has, where allowed,
been bonded to the County Commissioners or the building's occupancy
has been otherwise provided for by the Department. The requirement
for the as-built survey may be waived by the Department where the
required improvements were minor in nature and the Department is able
to ascertain compliance with the approved site plan through other
means.
(l)
Use or occupancy certificate of approval
for improvements. Upon satisfactory completion of the required improvements and the submission of an as-built survey or waiver of such requirement as set forth in Subsection (k) hereof, the Department shall furnish a use or occupancy certificate to the owner or developer covering all required improvements on the site. Such use or occupancy certificate may authorize the release of bonds which shall have been furnished for the guaranty of satisfactory installation of such improvements or parts thereof.
(m)
Acceptance of improvements for maintenance
and dedication.
(1)
The approval of the site plan or the installation
of the improvements as required in this Title shall in no case serve
to bind the County to accept such improvements for maintenance, repair
or operation thereof. Acceptance of improvements shall be subject
to applicable County or state regulations.
(2)
No public easement, right-of-way or public improvement
shall be accepted for dedication unless approved by the County Commissioners.
Such approval shall not be given by the County Commissioners until
any such easement, right-of-way or improvement complies with all the
requirements set forth by the approving body, including such other
requirements that the approving body might impose for public utilities,
streets, roads, drainage, etc. All improvements accepted for dedication
shall be depicted on an instrument to be recorded in the land records
of Worcester County.
(c)
Minor collector highways. The following highways are hereby classified as minor collector
highways in Worcester County:
(1)
MD 346 (Old Ocean City Road).
(2)
MD 354 (Whiton Road).
(3)
MD 364 (Dividing Creek Road and Nassawango Road).
(4)
MD 365 (Public Landing Road and Bay Street).
(5)
MD 366 (Stockton Road).
(6)
MD 367 (Bishopville Road).
(7)
MD 368 (Saint Martins Neck Road).
(8)
MD 374 (Libertytown Road).
(9)
MD 394 (Market Street).
(10)
Beauchamp Road.
(11)
Broad Street (Pocomoke).
(12)
Golf Course Road.
(13)
Harrison Road.
(14)
Keyser Point Road.
(15)
Nassawango Road.
(16)
Old Bridge Road.
(17)
Pocomoke Baby Beltway.
(a)
Setback imposed. No structure
shall be erected, located, converted, enlarged or altered or any fill
deposited within twenty feet of the top of the slope, based upon the
design, of any ditch or swale which is organized as a tax ditch, public
drainage association or public watershed association, except such
structure or fill which may be required as part of the construction,
maintenance or operation of the ditch or swale.
(b)
Additional provisions for stormwater
management facilities.
(1)
A maintenance easement at least fifteen feet in
width shall be provided along the top of the slope of a stormwater
retention or detention pond, wet swale or ditch, rain garden or other
feature constructed to address stormwater management quantity or quality
requirements. Such maintenance easement shall contain land which is
reasonably flat and stabilized to provide clear access by maintenance
equipment. Where vehicle mounted equipment is need for maintenance,
access shall be provided to the stormwater management facility from
the nearest public road.
(2)
The Department may waive or otherwise modify the
stormwater maintenance easement requirement, by either increasing
or decreasing the required easement, where it is determined that due
to the specific nature of the site, proposed location of adjacent
structures, topography, and the particular design and maintenance
requirements of the stormwater facility, a waiver or modification
is warranted.
(3)
Beyond the maintenance easement, all stormwater
management retention or detention ponds shall be screened or ornamentally
planted with landscaping in accordance with the provisions of § ZS 1-322
hereof.
(a)
SPRAY IRRIGATION FIELD
STRUCTURE FOR HUMAN OR ANIMAL HABITATION
VEGETATED
WASTEWATER TREATMENT FACILITY
(1)
(2)
(3)
WATER SUPPLY SYSTEM
WETTED PERIMETER
Definitions. In addition
to the definitions provided in § ZS 1-103 hereof, for
the purposes of this section, the following definitions shall apply:
An area of land upon which wastewater is applied through
a spray technique.
Any structure in which humans or animals normally reside,
seek shelter or congregate on a regular basis. It shall not include
any building which is periodically visited by humans or animals.
A growth of vegetation of such a height and density so as
to, at all times of the year, provide a windbreak through which wastewater
in spray form shall not penetrate under normal conditions.
Any device or system including, without limitation, a sewage
lagoon, treatment plant, ridge and furrow system, sewage sludge disposal
area, spray field, discharge outfall or area, injection well, lagoon,
subsurface system (including but not limited to a drainfield, septic
tank, sand mound or drip irrigation) or other facility, designed to
render sewage, animal waste or waterborne wastes from processing,
manufacturing or refining operations fit for disposal, but exclusive
of:
Any system serving only a single-family or two-family dwelling
unit or manufactured or mobile home; or
Any system on a farm consisting of the storage, application
or a combination thereof of manure produced by farm animals or poultry;
or
Any subsurface system designed or used for less than five thousand
gallons per day.
A source and the surrounding area from which water is supplied
for drinking or domestic purposes and any structure, channel or appurtenance
used to prepare water for use or to deliver water to a consumer, including
water treatment facilities, water well sites and water storage tanks.
A "water supply system" does not include the plumbing system inside
any building that is served by the water supply system.
The farthest extent of any spray from a spray nozzle or drip
orifice in any spray irrigation field, based upon design criteria
and normal wind conditions.
(b)
Requirements for wastewater treatment
facilities. All wastewater treatment facilities, as defined herein, shall meet the general criteria in Subsections (b)(1) through (b)(4) hereof and the specific criteria as outlined in Subsections (c) through (f) hereof and shall render wastewater fit for discharge in such state or condition:
(1)
As not to result in pollution, as defined by applicable
law or regulation, of any surface or subsurface waters of the County.
(2)
As to conform, in all respects, to the most stringent
applicable standards of the water quality control agencies having
jurisdiction.
(3)
As to meet all other standards imposed by federal
or state law or local law, regulation or resolution of the County
Commissioners.
(4)
As to minimize intrusion in the one-hundred-year
floodplain. Preference shall be given to reasonably available sites
outside the one-hundred-year floodplain.
(c)
Requirements for aboveground wastewater
treatment plants. All wastewater treatment plants having
all or any portion of any structure, building, tank or component used
for treatment, storage or flow equalization extending greater than
three feet above the surface of the surrounding grade shall be located
not less than three hundred feet from any building not associated
with the operation of the plant, road right-of-way or perimeter property
line, other than those property lines established for the creation
of the utility lot on which the treatment plant is located. The three-hundred-foot
setback may be reduced to not less than one hundred feet by the Board
of Zoning Appeals as a variance in accordance with the provisions
of § ZS 1-116(c)(4) hereof where the Board determines
that the reduced setback will not adversely affect any surface or
subsurface waters of the County and will not be detrimental to the
peaceful use and enjoyment of any residential properties in the area.
In any case where the Board grants a variance to the required three-hundred-foot
setback, it may impose whatever conditions it finds appropriate, including
but not limited to, increased vegetated or landscaped buffers, fencing
or walls, noise or odor control measures and restrictive easements
on adjoining properties under joint control or ownership of the applicant
or property owner to ensure compliance with the intent of this section.
All aboveground wastewater treatment plants shall be densely landscaped
in accordance with the provisions of § ZS 1-322(e)(1)
hereof.
(d)
Requirements for below ground wastewater
treatment plants. All wastewater treatment plants having
all structures, buildings, tanks, or components used for treatment,
storage or flow equalization extending less than three feet above
the average grade, other than one building not exceeding five hundred
square feet in gross floor area which is used strictly for control
of the plant and/or chemical storage, shall be located not less than
one hundred feet from any building not associated with the operation
of the plant, road right-of-way or perimeter property line, other
than those property lines established for the creation of the utility
lot on which the wastewater treatment plant is located. All treatment
plants so located shall be buffered in accordance with the provisions
of § ZS 1-322(e)(2) hereof. The one-hundred-foot setback
may be reduced to not less than fifty feet by the Board of Zoning
Appeals as a variance in accordance with the provisions of § ZS 1-116(c)(4)
hereof where the Board determines that the reduced setback will not
adversely affect any surface or subsurface waters of the County and
will not be detrimental to the peaceful use and enjoyment of any residential
properties in the area. In any case where the Board grants a variance
to the required three-hundred-foot setback it may impose whatever
conditions it finds appropriate, including but not limited to, increased
vegetated or landscaped buffers, fencing or walls, noise or odor control
measures and restrictive easements on adjoining properties under joint
control or ownership of the applicant or property owner to ensure
compliance with the intent of this section. All below ground wastewater
treatment plants with less than a one-hundred-foot setback shall be
densely landscaped in accordance with the provisions of § ZS 1-322(e)(1)
hereof.
(e)
Requirements for underground septic
tanks, wastewater effluent drainfields, sand mound systems and drip
irrigation systems which meet the definition of wastewater treatment
facilities herein. All subsurface septic tanks, wastewater
effluent drainfields, (including sand mound systems), drip irrigation
disposal areas, and any subsurface storage tanks for flow attenuation
shall be set back fifty feet from any public road, fifty feet from
any property line and one hundred feet from any perennial or intermittent
stream. The setback for subsurface systems shall be measured from
the edge of the tank or drainfield line, from the toe of the berm
of a sand mound system and the emitter of a drip irrigation system.
(f)
Requirements for sewage pumping stations,
structures and associated equipment. All sewage pumping
stations, structures, buildings and associated equipment shall be
located so as to provide for an open and unencumbered use area of
at least two thousand five hundred square feet in area, with a minimum
setback distance equal to or greater than one and one-half times the
height of the tallest building, structure or equipment on the site
but in no case less than thirty feet in all directions, and not less
than thirty feet from any other building or structure not incidental
to or part of the use as described above. All sewage pumping stations
shall be buffered in accordance with the provisions of § ZS 1-322(e)(2)
hereof.
(g)
Requirements for spray irrigation facilities
disposing of Class II or better effluent. Notwithstanding
any other provisions of this Title, in order to provide for the maximum
utilization of highly treated wastewater effluent from wastewater
treatment plants the following requirements shall govern the storage
and disposal of effluent meeting or exceeding the standards as contained
in this subsection.
(1)
In order to be regulated by this subsection the
following conditions must be met:
A.
All effluent produced by the wastewater treatment
facility shall be classified as Class II effluent or better and meeting
all the standards as prescribed for reclaimed water as defined in
the State Environmental Article, § 9-301, as from time to
time may be amended.
B.
The wastewater treatment facility must at all times
meet all of the standards as set forth in the wastewater discharge
permit issued by the Maryland Department of the Environment and be
operated by an individual licensed by the state of Maryland to operate
a wastewater treatment facility.
C.
Setbacks to the wetted perimeter of any spray irrigation
system shall be as set forth in the wastewater discharge permit issued
by the Maryland Department of the Environment.
D.
For any irrigated area where the wetted perimeter
is less than one hundred feet to a property line or a structure intended
for human occupancy, the perimeter of the wetted area shall be conspicuously
posted with signs to indicate that the property is irrigated with
reclaimed wastewater.
(h)
Requirements for spray irrigation facilities
disposing of any wastewater other than Class II or better effluent. In addition to the requirements of Subsection (b) hereof, the following requirements shall apply to any spray irrigation facility disposing of any wastewater other than Class II or better effluent.
(1)
Unless modified by the Board of Zoning Appeals
as set forth in Subsection (h)(2) hereof, the setback, measured from
the wetted perimeter of the spray irrigation field to every road,
structure for human or animal habitation on the same parcel, waterway,
place of human congregation or perimeter property line, other than
those property lines created for the establishment of a utility lot
on which the water and/or wastewater treatment plant is located, shall
be a function of the zoning district in which it is located and the
sufficiency of the existing or proposed vegetative cover to serve
as an effective windbreak and screen to prevent the spray from carrying
onto adjacent properties. The setbacks are established as follows:
(2)
The Board of Zoning Appeals may, as a special exception,
modify the setbacks for spray irrigation fields disposing of treated
wastewater other than Class II or better effluent. In no case, however,
shall the setbacks be less than fifty feet to a perimeter property
line and two hundred feet to a dwelling on an adjacent parcel, provided
that the following criteria and conditions are affirmatively found
by the Board of Zoning Appeals:
A.
The degree of treatment of the wastewater shall
be such that a modification in the setback would not be detrimental
to adjacent properties and land uses.
B.
Where possible, existing easements on adjacent properties
have been provided which will enhance the effectiveness of the setback
or will serve to enlarge it.
C.
Existing or planned land uses of adjacent properties
will not be adversely affected.
D.
The spray irrigation facility will serve to eliminate
or reduce the point of discharge of treated effluent into a watercourse.
E.
The modification in setbacks is reasonably necessary.
F.
Groundwater and surface water are adequately protected.
G.
Adjacent and nearby land uses and property values
are adequately protected.
H.
Environmental impacts are reduced.
I.
Adequate assurances are available as to the continued
safeguarding of the conditions of the application.
J.
Wildlife habitat and rare plants are protected.
K.
The type, size and maturity of vegetation in the
setback shall be sufficient to serve as an effective screen.
L.
Surrounding properties shall be protected from runoff,
spray and odors by the existing or proposed topography, landscaping,
berms or swales.
(3)
The following activities are permitted in the setbacks:
A.
Field cropping.
B.
Forestry operations beyond the requirements of the
vegetated setback.
C.
Open space.
D.
Private roads and drives.
E.
Utility lines and their supporting structures.
F.
Structures and components serving the spray field.
G.
Recreational uses, including golf courses and driving
ranges.
H.
Any other use not otherwise prohibited which would
not interfere with the function of the setback.
(5)
The following uses shall be the only uses permitted
within the wetted area of any spray irrigation field:
A.
Any piping, nozzles, pumps, lagoons and ancillary
structures for the functions of the system.
B.
Field cropping and forestry.
C.
Open space and recreational uses, including golf
courses, provided that use by humans during operational spray periods
is not permitted.
D.
Roads and drives serving the spray fields.
(6)
The Board of Zoning Appeals may, as a special exception,
permit other uses in buffers and spray irrigation fields and vary
the type and width requirements for vegetation contained in this subsection.
In no case, however, shall less than twenty-five feet of the required
setback be vegetated to provide an effective windbreak and screen
to prevent spray from carrying onto adjacent properties. If no natural
vegetation exists within the setback which is sufficient to serve
as an effective windbreak and screen, it shall be planted with a mix
of native species in accordance with the provisions of § ZS 1-322(e)(1)
hereof as from time to time amended.
(i)
Requirements for lagoons and ponds storing
treated wastewater for spray irrigation systems. Only open lagoons or ponds whose contents are retained by the earth are subject to the provisions of this subsection. All tanks used for the storage of treated effluent prior to disposal shall not be considered as lagoons or ponds but rather as part of the wastewater treatment plant and shall be subject to the provisions of Subsections (c) and (d) hereof. When a storage lagoon or pond is a required component of a spray irrigation facility, it shall comply with the following:
(1)
It shall only be used for the storage of treated
effluent.
(2)
It shall be enclosed with a fence not less than
six feet in height. Any access gates shall be locked and secure from
trespass at all times.
(3)
It shall be set back at least fifty feet from every
perimeter line. The setback shall be measured from the outside toe
of the berm which contains the treated effluent.
(j)
Requirements for sewage sludge composting
facilities and storage facilities. Sewage sludge composting
and storage facilities shall be governed by and comply with all the
following:
(1)
All other permits and approvals, other than those
required by the Zoning and Subdivision Control Article, required by
law for sewage sludge storage or composting shall be obtained prior
to the granting of any required special exception.
(2)
Sewage sludge storage facilities and sewage sludge
composting facilities shall only be permitted by special exception
on those lands zoned A-1 or A-2 District which lie outside of the
boundaries of the Chesapeake and Atlantic Coastal Bays Critical Areas
as described in §§ NR 3-201(f) and NR 3-101(f), respectively,
of the Natural Resources Article of the Code of Public Local Laws
of Worcester County, Maryland, as may from time to time be amended.
(3)
In addition, in order to grant the special exception,
the Board of Zoning Appeals must affirmatively find that the storage
or composting site is located in a remote area at least one thousand
five hundred feet from an occupied dwelling, any bay, creek, watercourse
or stream, and any public right-of-way.
(4)
In reviewing the special exception request the
Board of Zoning Appeals shall consider the strength, content, state,
type and volume of sludge, frequency of deposit, the type of containment
facility, method of handling, the neighborhood, surrounding and nearby
uses, routes of hauling, and the effect of the use on surrounding,
neighboring and nearby properties.
(5)
There shall be a thickly vegetated buffer of at
least two hundred fifty feet in width protecting any bay, creek, watercourse
or stream, in place and maintained during the life of the approval.
(6)
Special exceptions shall be limited to a five year
term subject to renewal by special exception upon reapplication and
review and hearing as if a new case.
(7)
No sewage sludge other than Class I sewage sludge
as defined by state regulation shall be permitted for storage or composting.
Every load delivered to a storage or composting site shall be accompanied
by a certificate from the sludge generator certifying under oath that
the sludge meets the requirements of the applicable state regulation.
Certificates shall be provided to the County Health Officer and the
County Environmental Programs Administrator at least twenty-four hours
prior to the date of sludge deposit and shall be on forms as provided
by the County and shall provide the origin of the sludge, date, time,
and location of collection and proposed deposit.
(8)
All loads of sewage sludge shall be subject to
random inspection and testing at the expense of the hauler by the
County Health Officer, the County Environmental Programs Administrator,
or their designee, to ascertain that the sludge meets Class I standards.
Tests shall be fairly conducted to ascertain that the sludge meets
the criteria and standards set forth in the applicable state regulation
to ensure compliance with all of the provisions of the permit and
of the Environmental Article of the Annotated Code of Maryland. The
sludge hauler may have similar tests conducted by an independent agency
at his or her expense for consideration and review by the Health Officer
and the County Environmental Programs Administrator.
(9)
The Board of Zoning Appeals may place restrictions,
limitations and conditions on any special exception approval and may
require such geological or hydrological tests and reports as may be
necessary to generate sufficient information on which to render a
decision. The Board may also place time limits and operating hour
restrictions on the usage of sewage sludge storage or composting areas
and facilities.
(10)
The Board of Zoning Appeals must find that the
conditions in this subsection and any other conditions and time limits
imposed by the Board can be fully complied with prior to granting
special exception approval for a sewage sludge storage or composting
facility.
(11)
Anyone found violating the provisions of this
subsection or any condition imposed by the Board of Zoning Appeals
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be subject to imprisonment of up to six months and a fine of one thousand
dollars for each offense. Each day that the violation continues shall
be considered a separate offense. The fee simple owner of the sewage
sludge storage or composting facility shall be held strictly liable
for any violations hereof. In addition, the County Commissioners may
in such cases order remediation, including removal of the sludge or
noncomplying material.
(12)
The provisions of this subsection shall not apply
to the activities of the Worcester County Commissioners or to activities
on a legally existing site operated by a municipality where sludge
has been applied as of March 8, 1994.
(13)
The Board of Zoning Appeals shall retain primary
jurisdiction over any special exception for a sewage sludge storage
or composting facility and shall review such special exceptions on
a periodic basis as well as on a complaint basis and may revoke or
modify the same for any violation or for a determination that the
activity is detrimental to the health, safety and welfare of the people
of the County or its environment after reasonable opportunity for
the permittee to be heard in accordance with the provisions of § ZS 1-116(c)(8)
hereof.
(14)
No septage or untreated sewage, other than animal
manure for agricultural purposes, shall be composted or stored in
any sewage sludge composting facility or sewage sludge storage facility.
(15)
The land application or storage of septage or
untreated sewage, other than animal manure, for any purpose, is prohibited.
(k)
Requirements for the land application
of sewage sludge. The land application of sewage sludge
under authority of a current, valid, appropriate and required state
permit issued pursuant to Public General Law and state regulation
and strictly in accordance with this Article and the requirements
of the permit and agricultural best management practices shall be
considered as an agricultural practice to the same extent as the application
of animal manure or chemical fertilizers; provided, however, that
the land application of sewage sludge is prohibited within the boundaries
of the Chesapeake and Atlantic Coastal Bays Critical Areas as described
in §§ NR 3-201(f) and NR 3-101(f), respectively, of
the Worcester County Natural Resources Article as may from time to
time be amended.
(l)
Requirements for certain components
of water supply systems. Notwithstanding any other provisions
of this Article, the following requirements shall apply to certain
components of water supply systems as follows:
(1)
Water supply and service systems as described in
this subsection shall be served by an access easement of no less than
twenty feet in width; said easement shall be improved in accordance
with the minimum standards as set forth in the Department of Public
Works - Water and Wastewater Services Division "Design Guidelines
and Construction Standards." The use area as described herein shall
be transferred to the County either by fee simple ownership or through
a perpetual easement agreement approved and executed by the County
Commissioners, said documents to be recorded in the land records for
Worcester County.
(2)
Water treatment facilities, including all structures,
equipment and fuel storage tanks, shall provide an open and unencumbered
use area at least two thousand five hundred square feet in area with
minimum setback distances to or exceeding one and one-half times the
height of the tallest structure on the site, but in no case less than
fifteen feet in all directions, and no less than fifteen feet from
any other structure or facility not incidental to the use described
herein.
(3)
Water well sites, including wells, and pumping
facilities but not including treatment facilities, shall provide an
open and unencumbered use area at least two thousand five hundred
square feet in area with minimum setback distances to or exceeding
one and one-half times the height of the tallest structure on the
site, but in no case less than thirty feet in all directions, and
no less than thirty feet from any other structure or facility not
incidental to the use described herein.
(4)
Nonelevated water storage tanks shall provide an
open and unencumbered use area at least one thousand square feet in
area with minimum setback distances to or exceeding one and one-half
times the height of the tallest structure on the site, but in no case
less than fifteen feet in all directions, and no less than fifteen
feet from any other structure or facility not incidental to the use
described herein.
(5)
Elevated water storage tanks and structures shall
provide an open and unencumbered use area at least ten thousand square
feet in area with minimum setback distances to or exceeding one and
one-half times the height of the tallest structure on the site, but
in no case less than fifteen feet in all directions, and no less than
fifteen feet from any other structure or facility not incidental to
the use described herein.
[Amended 10-18-2022 by Bill No. 22-18]
(a)
Conformance with Title. No
site shall be developed as a solid waste disposal site or food waste
composting site and no existing solid waste disposal site or food
waste composting site shall be enlarged, altered or changed in use
except in conformity with the provisions of this Title.
(b)
Additional conditions for solid waste
disposal sites. In addition to the provisions contained
in other parts of this Title, the following shall apply to such sites:
(1)
Disposal areas on every such site shall be set
back from every public road right-of-way and every perimeter property
line at least one hundred feet.
(2)
The solid waste disposal area shall be effectively
screened from public view by dense foliage, topography or fencing
prior to use of the area as a solid waste disposal site. In addition,
a security fence and gate at least six feet in height and of such
length and construction to effectively control vehicular entrance
to the disposal operation shall be constructed prior to the operation
of the site. Such fence shall be visually screened along the outside
by landscaping in accordance with the provisions of § ZS 1-322
hereof.
(3)
The burning of refuse or other waste material shall
not be permitted at such sites, except by permission of the Department
of the Environment and the Deputy State Fire Marshal.
(4)
The solid waste disposal area shall not accept
hazardous or toxic waste.
(5)
All solid waste disposal sites shall be subject
to the provisions of § ZS 1-116 hereof.
(6)
The solid waste disposal area shall not be located
over any aquifer.
(c)
Additional conditions for food waste composting facilities. In addition to the provisions contained in other parts of this Title,
the following shall apply to such sites:
(1)
Lot requirements. The minimum lot requirements
shall be: lot area five acres; and lot width, two hundred feet.
(2)
Setbacks and separation distances.
A.
Except where a greater setback is required by the
Board of Zoning Appeals, local, state, or federal law or regulations,
activities in support of composting may not be located closer than:
1.
Front yard setback, fifty feet [see § ZS
1-305(b) hereof]; each side yard setback, fifty feet; and rear yard
setback, fifty feet.
2.
One hundred feet to a domestic well.
3.
One hundred feet to any intermittent or perennial
stream, lake, or other body of water except an impoundment for use
in the composting process.
B.
There shall be a minimum separation distance of
three hundred feet from activities in support of composting to the
nearest existing or permitted residential structure on an adjacent
parcel.
C.
A composting facility shall not be located in a
special flood hazard area as designated on the official Flood Insurance
Rate Maps (FIRMs).
(3)
Standards for agricultural food waste composting
facilities.
A.
Composting operations shall not cause undue damage
to any public road and its associated drainage system beyond that
which may be reasonably expected to occur from ordinary traffic on
that roadway.
B.
The entrance to the property from the roadway must
be secured by a chain, gate, cable or other appropriate means in order
to prohibit vehicular access, except during hours of operation. During
hours of operation, the entrance must be properly marked with "Truck
Entrance" caution signs. Any internal travelway shall be of adequate
length to prevent truck traffic from stopping or parking on a public
road right-of-way.
C.
Structures and outdoor storage of materials and
debris shall be screened from public road rights-of-way and adjacent
residential uses by vegetation, walls or fences.
D.
All perimeter property lines shall be screened in
accordance with § ZS 1-322 hereof or by an acceptable alternative
as determined by the Board of Zoning Appeals.
E.
Prior to the issuance of a certificate of use and
occupancy, copies of all State of Maryland permits must be submitted
to the Department so that any conditions placed on the State-issued
permits can be incorporated into the conditions under which the certificate
of use and occupancy is issued. In addition, any conditions placed
on renewed permits shall also be submitted in order to determine if
they should also be made conditions of the County approval.
F.
The facility operator shall certify the annual tonnage
of food waste that has been diverted from the solid waste stream.
The report shall be provided to the Worcester County Department of
Public Works on or before October 1 of each year.
G.
The composting operations shall comply with all
applicable federal and state laws and regulations. In the event of
conflict between these laws and regulations, the most restrictive
legally applicable law or regulation shall apply.
H.
The operator shall control and contain dust and
other particulates to prevent visible emissions from crossing the
boundary of the property.
(4)
Standards for commercial food waste composting
facilities. In addition to the provisions of § ZS 1-329(c)(3)
hereof, the following standards shall apply to commercial food waste
composting facilities:
A.
All commercial food waste composting facilities
shall be located such that they have direct access, without traveling
on any public road right-of-way, to an arterial highway or collector
highway as defined in § ZS 1-326 hereof. A traffic impact
analysis may be required to ensure that adequate highway capacity,
traffic congestion, and traffic safety measures are addressed. Prior
to the issuance of any certificate of use and occupancy under this
Subtitle for a compost facility, the owner and operator shall provide
a satisfactory bond or guaranty to the County Commissioners to ensure
that any undue damage to the public road or its associated drainage
system is repaired to the satisfaction of the County.
B.
All points of access to a public road from the site
shall at a minimum be designed in accordance with the County's
standards for commercial entrances with regard to acceleration and
deceleration lanes. Additionally, the areas on either side of the
access point to the public road right-of-way shall be cleared of vegetation,
debris, etc., in order to provide adequate line-of-sight for vehicles
traveling on the public road right-of-way as well as for vehicles
utilizing the access point.
C.
Commercial food waste composting facilities shall
be subject to the requirements of § ZS 1-325 hereof.
D.
Off-street parking shall be provided in accordance
with § ZS 1-320 hereof consistent with the agritourism facilities
use category.
(5)
Review procedure.
A.
In conjunction with an application for a special
exception, the applicant shall prepare a site plan meeting the requirements
of § ZS 1-116(d)(2) hereof for submission to the Board of
Zoning Appeals for its review.
B.
In addition, the applicant shall submit the following:
1.
A composting facility operation plan that includes:
(i)
A description
of the type and quantities of the materials to be accepted;
(ii)
Procedures
utilized to determine whether unacceptable materials are received,
and the procedures that will be followed in the event unacceptable
materials are received;
(iii)
Composting method and equipment to be used;
(iv)
The
maximum quantity of feedstocks to be accepted on an annual basis;
(v)
The
maximum quantity of finished compost to be produced on an annual basis;
(vi)
The
maximum height, width and spacing of piles;
(vii)
Truck access and frequency of trips;
(viii)
Days and hours of operation;
(ix)
Measures
to be taken to protect the public; and
(x)
Any
other information necessary to adequately understand the operation.
2.
A nuisance plan that addresses the methods to prevent
and control dust, odors, rodents, insects and other pests at the facility
and a complaint response protocol.
(a)
Defined. "Surface mining"
shall mean the excavation, digging or dredging for sand, gravel, soil
and other minerals. It shall include sand and gravel pits, borrow
pits, clay pits, quarries, surface mines and the processing or compounding
of products composed of on-site materials. It shall not include concrete-
or asphalt-mixing plants or material removed from a development site
as part of a normal cut-and-fill operation.
(b)
Lot requirements. The minimum lot requirements shall be: lot area, five acres; and lot width, five hundred feet. All setbacks shall be as set forth in Subsection (c) hereof.
(c)
Standards.
(1)
All surface mining operations shall comply with
the most current edition of the Maryland Standards and Specifications
for Soil Erosion and Sediment Control, published by the Maryland Department
of the Environment. All excavations shall be backfilled or graded
to at least a one-to-four slope whenever operations are discontinued.
(2)
Surface mining operations shall not cause undue
damage to any public road and its associated drainage system beyond
that which may be reasonably expected to occur from ordinary traffic
on that roadway. Prior to the issuance of any zoning certificate under
this Subtitle for a surface mining operation, the owner and operator
shall provide a satisfactory bond or guaranty to the County Commissioners
to ensure that any undue damage to the public road or its associated
drainage system is repaired to the satisfaction of the County.
(3)
All surface mining operations shall be restricted
to the hours of 7:00 a.m. to 5:00 p.m. Monday through Friday and to
the hours of 7:00 a.m. to 12:00 noon on Saturdays. Such operations
are prohibited on Sundays and on the following holidays: New Years
Day; Good Friday; Memorial Day; July Fourth; Labor Day; Thanksgiving
Day; and Christmas Day. For the purposes of this section, "operations"
shall constitute dewatering, excavation, extraction, processing, loading
and distribution of materials.
(4)
All loaded trucks entering or exiting the site
must be properly covered and provided with adequate wheel flaps.
(5)
All surface mining sites and haul roads must be
sprayed with water whenever necessary to reduce dust.
(6)
The first two hundred feet of the haul road as
measured from the public road right-of-way must be covered with stone
or paved.
(7)
The public road must be swept whenever necessary
to remove soil and debris.
(8)
The travel lane to the site must be stabilized
to a minimum of twenty feet in width.
(9)
The entrance to the property from the highway must
be secured by a chain, gate, cable or other appropriate means in order
to prohibit vehicular access, except during hours of operation. During
hours of operation the entrance must be properly marked with "Truck
Entrance" caution signs.
(10)
All points of access to a public road from the
site shall at a minimum be designed in accordance with the County's
standards for commercial entrances with regard to acceleration and
deceleration lanes. Additionally, the areas on either side of the
access point to the public road right-of-way shall be cleared of vegetation,
debris, etc. in order to provide adequate line-of-sight for vehicles
traveling on the public road right-of-way as well as for vehicles
utilizing the access point.
(11)
Structures and outdoor storage of materials and
debris shall be screened from public road rights-of-way and adjacent
residential uses by vegetation, walls or fences.
(12)
Clearing of existing forest vegetation shall be
limited to areas needed for excavation, structures, unloading and
loading areas, access roads, and parking areas.
(13)
Processing operations outside the pit perimeter
shall be housed in a covered structure or screened unless the Board
of Zoning Appeals determines that, because of site specific conditions,
this is unnecessary based on the effects of the use on nearby properties.
(14)
Surface mining operations shall be located such
that the line-of-sight to adjacent properties zoned for residential
use or improved by a residential dwelling is obscured to the greatest
extent possible.
(15)
No excavation shall take place within one hundred
feet from any right-of-way line of any road.
(16)
No excavation shall take place, nor shall the
slope of the natural land surface be altered as a result of such excavation,
nor shall the storage of materials take place nearer than one hundred
feet to any property line. This setback shall not apply where the
adjoining property is used for surface mining.
(17)
Operation structures shall not be erected within
two hundred feet of any property line or any public road right-of-way.
The setback to adjoining property lines shall not apply where the
adjoining property is used for surface mining.
(18)
All perimeter property lines shall be screened
in accordance with § ZS 1-322 hereof or by an acceptable
alternative as determined by the Board of Zoning Appeals.
(19)
Prior to the issuance of a zoning certificate,
copies of all State of Maryland permits must be submitted to the Department
so that any conditions placed on the state-issued permits can be incorporated
into the conditions under which the zoning certificate is issued.
In addition, any conditions placed on renewed permits shall also be
submitted in order to determine if they should also be made conditions
of the County approval.
(20)
The surface mining operations shall comply with
all applicable federal and state air pollution control laws and regulations.
In the event of conflict between these laws and regulations, the most
restrictive legally applicable law or regulation shall apply. The
operator shall control and contain dust to prevent visible emissions
from crossing the boundary of the property.
(21)
The surface mining operations shall comply with
all federal, state and local laws regulating water resources management
and protection. In the event of conflict between these laws and regulations,
the most restrictive legally applicable law or regulation shall apply.
(22)
Prior to the issuance of a zoning permit associated
with a surface mining operation which is located within the Zone of
Influence as designated by the state of any public water supply surface
intake, public water supply well, or private water supply well, the
operator shall provide a contingency plan for well replacement.
(23)
Prior to the issuance of any zoning certificate
under this Subtitle for a surface mining operation, the owner and
operator shall provide a satisfactory bond or guaranty to the County
Commissioners to ensure compliance with this Subtitle and the provision
of adequate landscaping, screening, fencing, and health and safety
safeguards and reclamation plans, including regrading, site access,
and drainage. Provided that the County Commissioners are a party to
the bond, the bond posted with the State of Maryland may suffice for
this requirement. Said moneys shall not be released until such time
as both the County and the state have been satisfied.
(24)
The County Commissioners may, by resolution, adopt
further standards for reclamation of County-owned surface mining operations.
[Added 10-23-2018 by Bill
No. 18-5]
(d)
Review procedure.
(1)
In conjunction with an application for a special
exception, the applicant shall prepare a site plan meeting the requirements
of § ZS 1-116(d)(2) hereof for submission to the Board
of Zoning Appeals for its review.
(2)
In addition, the applicant shall submit the following:
A.
A written description of the type and quantities
of the materials to be excavated, type of extraction to be used, truck
access and frequency of trips, destination of materials, hours of
operation, measures to be taken to protect the public and any other
information necessary to adequately understand the operation.
B.
A reclamation plan meeting the standards established
by the state's Department of the Environment showing how the land
is to be restored.
(3)
The Board may require that the applicant provide
a bond or other satisfactory guaranty to insure that the terms of
the special exception approval and state permit are fully complied
with.
(e)
Surface mines as dredge spoil disposal
sites.
(1)
In conjunction with an application for a surface
mine special exception, the applicant may request Board of Zoning
Appeals approval to utilize the extracted areas of the surface mine
as a dredge spoil disposal site.
(2)
The Board of Zoning Appeals may specify special
conditions of operation and conditions regarding reclamation of the
site.
(3)
The Board of Zoning Appeals may require assurances
deemed necessary by the Board to protect the interests of the public-at-large
and the natural resources of the County, including, but not limited
to, requiring the applicant to test the dredge spoil material for
hazardous materials in accordance with the Federal Resource Conservation
Recovery Act, as from time to time amended, where there is suspicion
of the presence of such hazardous materials due to previous activities
in the vicinity of the proposed dredge area.
(4)
Existing active surface mines having a current
and valid County operating permit as of December 1, 1995, may accept
dredge spoil material without further action or approval of the Board
of Zoning Appeals.
(f)
Actions of the Board of Zoning Appeals.
(1)
The Board of Zoning Appeals has the authority to
limit the term of approval. In the event the Board does not establish
such a term of approval, the Board has the authority to revisit any
application in accordance with § ZS 1-116(c)(8) hereof.
(2)
Notwithstanding any other provisions of this Title,
the Board of Zoning Appeals shall not accept an application for a
special exception to permit a new surface mining operation or any
alteration or expansion of an existing surface mining operation for
substantially the same proposal on the same property as an application
previously denied by the Board of Zoning Appeals for two years following
the Board's vote for a first denial, for five years following the
Board's vote for a second denial, and for ten years following the
Board's vote for a third and any subsequent denial.
(3)
The Board of Zoning Appeals has the authority to
establish greater restrictions on a surface mining operation than
those described above.
(4)
The Board of Zoning Appeals may require that the
applicant provide a bond or other satisfactory guaranty to ensure
that the terms of the special exception approval and state permit
are fully complied with.
(5)
If the land for which the permit is sought has
been identified by the County's Comprehensive Plan as an area suitable
for surface mining, the Board of Zoning Appeals shall grant the special
exception unless there is clear and convincing site-specific evidence
that the operation will be detrimental to the health, safety and welfare
of the public.
(a)
Junk and salvage operations. In addition to the provisions contained in other parts of this Title,
every junk or salvage operation shall either:
(1)
Be completely enclosed within a building, in which
case the minimum lot requirements shall be: lot area, forty thousand
square feet; lot width, two hundred feet; front yard setback, thirty-five
feet [see § ZS 1-305(b) hereof]; each side yard setback,
twenty feet; and rear yard setback, twenty feet; or
(2)
Be set back from every public road right-of-way
or property line not less than one hundred feet and be completely
fenced. Such fence shall be at least eight feet height and constructed
so as to effectively screen the contents from public view. Additionally,
such fences shall be visually buffered along the outside by landscaping
in accordance with the provisions of § ZS 1-322 hereof.
(b)
Storage of wrecked or disabled vehicles. In addition to the provisions contained in other parts of this Title,
every repair shop and towing service storing wrecked or disabled vehicles
shall be subject to the following:
(1)
Storage shall be temporary for a period not to
exceed ninety days for each vehicle.
(2)
All vehicles shall be held within a completely
enclosed building or fenced in such a way as to be completely screened
from public view. Such screening may be by a fence, by dense landscaping
or by topography.
(c)
Screening required. In any
case, no used parts, wrecked or disabled vehicles or other junk shall
be kept or displayed outdoors in front of any required building, fence
or screening or otherwise in public view.
(d)
Conformance with other provisions. All junk and salvage operations shall be subject to the provisions
of § ZS 1-116 hereof.
Nothing in this Title shall prevent the temporary strengthening
to a safe condition of any part of any building or structure declared
unsafe by proper authority, to protect from the elements a structure
or building damaged by an act of nature or to protect from trespass
until such time as it shall be restored or fully demolished in accordance
with this Title.
(a)
"Moved structure" defined. For the purposes of this section, "moved structure" shall mean any
structure which has been removed from its original location but shall
not include a mobile or manufactured home or delivery and set up of
prefabricated storage structures. It also shall not include the initial
placing of a modular home upon a foundation at the time of delivery
from the place of manufacture.
(b)
Permit for moved structures.
(1)
It shall be unlawful to locate any moved structure
within the County except by authority of a permit issued pursuant
to this section.
(2)
The Department shall authorize by permit, subject
to the provisions hereof and all other applicable sections of this
Subtitle, the location and set up of a moved structure, provided that
the Department finds that the following criteria are met:
A.
The location of the moved structure shall comply
with all other zoning, subdivision and building code requirements.
B.
The moving of the structure shall not cause damage
to any County or state road.
C.
The moving of the structure shall not cause any
unreasonable interruption of utility services.
D.
The moving of the structure shall in no way jeopardize
free access and use of County and state roads.
E.
The structure shall meet all applicable fire, safety
and health requirements.
F.
The structure shall, within a reasonable time specified
in the permit, based upon the nature and scope of the project and
work to be done, be made fit for habitation in the case of a residential
structure or fit for its intended use in the case of any other type
of structure. "Fit" shall include, without limitation, repair of all
damage sustained during the moving, installation of the complete foundation
and all utilities and sanitary facilities and the sealing of the exterior
skin of the building, including replacement of all broken windows.
(3)
Prior to the issuance of a permit pursuant to this
section, the permittee shall be required to post a cash bond, bank
deposit or letter of credit from a federally insured institution with
the County Commissioners in an amount as set in a schedule as adopted,
from time to time, by the County Commissioners, to be forfeited to
the County Commissioners for the repair of any unrepaired damages
to public roads or for the removal of the structure or any part thereof
which is left upon any public road in any one location for more than
three hours. In addition, prior to the issuance of a permit, the permittee
shall enter into an agreement in a form prescribed by the County Commissioners
and post a cash bond, bank deposit or letter of credit from a federally
insured institution in an amount as set in a schedule as adopted,
from time to time, by the County Commissioners, to be forfeited to
the County Commissioners in the event that the structure is not fit
for habitation or fit for its intended use, as required by this section,
within the time prescribed by the permit. The agreements shall permit
the County Commissioners to perform those requirements of the permittee
in the event of failure of the permittee to so do and upon forfeiture
of the bond, deposit or letter of credit.
(a)
Temporary construction structures. Temporary buildings and structures, including mobile and manufactured
homes and recreational vehicles, may be erected or placed on sites
in all districts if such buildings or structures are incidental to
construction work on the premises. Such temporary buildings or structures
shall be placed on a construction site only after the Department has
issued a building permit for the on-site construction to be performed.
When such construction work is completed or abandoned or when the
building permit expires or is revoked, whichever comes first, such
structure or vehicle shall be removed, unless the Department grants
an extension of the building permit.
(1)
Notwithstanding the limitations of Subsection (a)
hereof, any temporary structure, recreational vehicle, or manufactured
or mobile home serving or intending to serve as living quarters or
human shelter shall only be permitted coincident with the life of
the permit for the principal construction on the site, in accordance
with the provisions of § ZS 1-115(g) hereof. In no
case shall such temporary structure, recreational vehicle, or manufactured
or mobile home be permitted for more than the life of a single permit
or in any case in excess of three years per lot or parcel.
(b)
Emergency housing. If an
occupied single-family dwelling in any district shall burn, flood
or be otherwise damaged or destroyed by any casualty to a degree so
as to make it unsafe or unhealthy for human occupancy, nothing in
this Title shall prohibit the placement of a mobile or manufactured
home, recreational vehicle or recreational park trailer on the premises
for the purpose of providing emergency housing for the displaced occupants,
provided that the mobile or manufactured home or recreational vehicle
shall be removed from the site when the damaged dwelling is restored
or within twenty-four months, whichever first occurs, unless the Department
grants an extension, which shall be limited to not more than an additional
twelve months' duration. In the case of widespread damage from natural
disaster, the County Commissioners may provide for further twelve-month
extensions by resolution.
(c)
Recreational vehicle parking and use. No recreational vehicle shall be parked overnight on any public
road, public park, public boat landing or other public place, except
in an emergency or in areas specified for such use. No recreational
vehicle shall be used for overnight accommodations other than when
located in accordance with the district regulations and all other
pertinent regulations.
[Amended 9-15-2015 by Bill No. 15-10]
(a)
See § NR 2-102 of the Natural Resources
Article of the Code of Public Local Laws of Worcester County, Maryland,
as from time to time amended.
The conversion of a building into a dwelling or an increase
in the number of dwelling units within a building shall only be permitted
in accordance with the district regulations of the particular district
in which the building is located. Furthermore, any conversion must
meet all other applicable regulations and codes.
(a)
Generally. The Board of
Zoning Appeals, as a special exception, may authorize in those districts
where specified a transient and temporary use which does not otherwise
conform to the district regulations, provided that such use does not
involve the erection, placing or storage of substantial buildings
or structures. Transient uses shall not be permitted for more than
twelve months and shall be subject to such conditions and limitations
as the Board deems appropriate to fulfill the intent of this Title.
(b)
Extensions of transient uses.
(1)
Transient uses for other than medical purposes.
Except in the case of transient uses for medical purposes, the Board
may grant a single one-year extension of the special exception for
a transient use upon formal application and in conformance with the
provisions defined in Subsection (a) hereof; however, no such transient
use shall be permitted to exist for more than two years.
(2)
Transient uses for medical purposes. Where a special
exception for a transient use is granted by the Board of Zoning Appeals
for a bona fide medical purpose, the Department may authorize additional
one-year extensions of the transient use upon application to the Department,
provided that a current written statement of the medical condition
is provided by the County Health Official with the annual application.
Such special exception is nontransferable. At any time that conditions
change such that the transient use is no longer required for a bona
fide medical purpose (i.e., death, relocation or recovery), the special
exception shall immediately become null and void, and any buildings
or structures shall be removed within three months of the change in
conditions. Where removal of the buildings or structures within the
specified three-month period would cause a hardship on the applicant,
the Board of Zoning Appeals may grant an extension of up to twelve
months for such removal.
(3)
Transient use of manufactured or mobile homes for
residential purposes originally approved by the Board of Zoning Appeals
prior to March 10, 1992. The Department may authorize additional one-year
extensions of a special exception approval for a transient use of
a manufactured or mobile home for residential purposes which was valid
as of March 10, 1992, and which has not otherwise expired. Such extension
may be granted upon formal application to the Department, and such
extension shall be subject to such conditions and limitations as originally
imposed by the Board of Zoning Appeals.
(c)
Exemption for residential sales offices. Sales offices, including sales trailers and model homes used exclusively
for the sale of improved or unimproved lots or units within the subdivision
or other residential development in which the offices are located,
shall be exempt from this section; however, such offices shall be
subject to the provisions of § ZS 1-325 hereof. In
granting site plan approval, the Department, Technical Review Committee
or Planning Commission shall place restrictions on its approval regarding
the length of time which the sales office shall be considered valid.
(d)
Exemption for conservation ponds. Ponds of one acre or less in surface area for fish, wildlife, fire
control, irrigation, scenic amenity, stock watering, recreation or
other conservation use shall be exempt from the provisions of this
section, provided that a conservation plan has been approved by the
Worcester County Soil Conservation District in accordance with pertinent
review criteria and that no more than two such exemptions per property
are permitted. A minimum setback of fifty feet from property lines
is required, unless the pond is a cooperative effort between adjacent
property owners and is to cross the mutual property line. In such
cases no setback shall be required, provided that the mutual rights
of access and maintenance responsibilities of such shared pond shall
be described in properly witnessed and recorded cross-easements.
(a)
Purpose and intent. It is
the specific purpose and intent to allow no more than one accessory
apartment per lot of record through conversion of existing residential
structures or construction of new residential facilities so as to
provide the opportunity and encouragement to meet the special housing
needs of persons of low and moderate income as well as relatives of
families currently residing in the County. It is furthermore the intent
and purpose of this provision to allow the more efficient use of the
County's existing housing stock in a manner consistent with land use
objectives identified in the Worcester County Comprehensive Plan and
to provide economic support for present resident families of limited
income, while protecting and preserving property values and community
character.
(b)
Standards. The following
specific standards are set forth as conditions for such accessory
uses:
(1)
Accessory apartments shall only be permitted where
adequate wastewater disposal capacity has been determined to be available
by the Environmental Programs Division but, as accessory residential
uses, shall not be counted against permitted density on any parcel
with respect to the requirements of this Article. However, other regulations
may stipulate that such accessory residential uses be considered when
calculating permitted density.
(2)
[1]An accessory apartment may be located either in the principal
dwelling unit or in an accessory building. Manufactured or mobile
homes shall not be construed as an accessory apartment.
[1]
Editor's Note: Former Subsection (b)(2), which required the
owner of the residential dwelling unit in which an accessory apartment
was located to occupy at least one of the dwelling units on the premises,
was repealed 11-17-2020 by Bill No. 20-8. Bill No. 20-8 also renumbered
former Subsection (b)(3) through (8) as Subsection (b)(2) through
(7), respectively.
(3)
When located within an accessory building, the
building shall be located so that its entire perimeter is within one
hundred feet of the principal building on the property.
A.
A separation distance greater than one hundred feet
may be permitted in accordance with the provisions of § ZS 1-117(e)(5)
provided that the property upon which the accessory apartment is located
is not located within the Chesapeake or Atlantic Coastal Bays Critical
Area.
(4)
The minimum floor area for an accessory apartment
within the principal building shall be five hundred square feet, but
in no case shall it exceed thirty-five percent of the gross floor
area, exclusive of any garage, of the dwelling in which it is located
or nine hundred square feet, whichever is less. For accessory apartments
located in an accessory building, the minimum floor area shall also
be five hundred square feet, but in no case shall it exceed thirty-five
percent of the gross floor area of the principal dwelling or nine
hundred square feet, whichever is less. No accessory apartment shall
contain more than two bedrooms.
(5)
There shall be no more than one accessory apartment
permitted per existing single-family dwelling.
(6)
If an accessory apartment is located in the principal
dwelling unit on the property, entry to the accessory apartment shall
be designed such that the appearance of the building remains as a
single-family dwelling. However, nothing herein shall be construed
to require any entry to the accessory apartment to be confined to
the side or rear of the structure.
(7)
Off-street parking for the accessory apartment
shall be in accordance with § ZS 1-320 hereof and shall
be in addition to any other parking required for other uses on the
site.
(a)
Provisions governing home occupations. All home occupations shall be in accordance with the following provisions:
(1)
A home occupation may be conducted in a dwelling
unit, provided that such occupation shall be clearly incidental and
subordinate to its use for residential purposes and not more than
twenty-five percent of the gross floor area of the dwelling unit shall
be used for such occupation. Alternatively, a home occupation not
exceeding six hundred square feet in gross floor area may be conducted
in a single accessory building except as provided in Subsection (a)(9)
hereof. Any outdoor storage, including storage of equipment or vehicles,
shall not exceed three hundred square feet and shall be screened in
accordance with § ZS 1-322 hereof.
(2)
All persons engaged in such occupation, except
for one outside employee, shall reside on the premises. Day-care homes
and large day-care homes as defined in § ZS 1-103(b) hereof
may have a maximum of two outside employees who do not reside on the
premises.
[Amended 2-18-2014 by Bill No. 14-1]
(3)
Nothing, other than parts or supplies used in the
occupation, shall be sold or stocked on the premises except what is
produced on the premises or as permitted by special exception by the
Board of Appeals.
(4)
There shall be no visible change in the outside
appearance of the building or premises, except for one sign as provided
in § ZS 1-324 hereof.
(5)
The occupation shall not create noise, vibration,
glare, light trespass, fumes, odors or electrical interference which
is objectionable to neighboring uses.
(6)
The use of the dwelling unit for such occupation
shall not generate substantial amounts of vehicular or pedestrian
traffic.
(7)
Off-street parking shall be provided in accordance
with the provisions of § ZS 1-320 hereof.
(8)
The operation of a day-care home shall be considered
a home occupation and shall not be subject to the six-hundred-square-foot
gross floor area limitation as specified in this section or to any
off-street parking requirements.
(9)
The operation of a large day-care home as defined
in § ZS 1-103(b) hereof shall be considered a home occupation
in the A-1 and A-2 Agricultural Districts and in the E-1 Estate District
and shall not be subject to the six-hundred-square-foot gross floor
area limitation as specified in Subsection (a)(1) hereof nor to any
off-street parking requirements.
[Added 2-18-2014 by Bill No. 14-1[1]]
[1]
Editor's Note: This bill also renumbered former Subsection
(a)(9), (10) and (11) as Subsection (a)(10), (11) and (12), respectively.
(10)
In the A-1, A-2 and E-1 Districts on parcels greater
than eighty thousand square feet in area, the area used for a home
occupation in an existing accessory building or the gross floor area
of a single accessory building to be constructed for a home occupation
may comprise up to three thousand square feet in gross floor area.
[Amended 7-21-2020 by Bill No. 20-6]
(11)
A home occupation shall not be interpreted to
include a commercial kennel, restaurants, lounges, overnight exterior
storage, body piercing establishments or tattoo establishments.
[Amended 6-15-2021 by Bill No. 21-4]
(12)
Engaging in agriculture shall not be considered
a home occupation.
(a)
Bed-and-breakfast defined. A "bed-and-breakfast establishment" shall be a single-family, owner-occupied
dwelling in which overnight sleeping rooms are rented on a short-term
basis to transients.
(b)
Restrictions on bed-and-breakfast establishments.
(1)
No bed-and-breakfast facility shall contain more
than twenty guest sleeping rooms. Only designated rooms shall be used
for sleeping.
[Amended 10-15-2019 by
Bill No. 19-3]
(2)
A minimum of one full bathroom with a lavatory,
toilet and shower or tub or combination thereof shall be available
for every three guest rooms.
(3)
No guest room shall contain more than two beds.
(4)
Off-street parking shall be provided at the rate
of one space per guest room and two spaces for the owner-occupant.
(5)
No cooking facilities shall be permitted in any
guest room.
(6)
Upon conversion of an existing dwelling to a bed-and-breakfast
facility, no additional entrance shall be permitted in the front facade.
(7)
No guest shall be permitted in a bed-and-breakfast
facility for more than twenty-eight consecutive nights.
[Amended 10-15-2019 by
Bill No. 19-3]
(8)
No more than four persons shall simultaneously
occupy any one sleeping room in a bed-and-breakfast facility.
(9)
[1]No on-premises sign advertising the bed-and-breakfast facility
shall exceed four square feet.
[1]
Editor’s Note: Former Subsection (b)(9), which prohibited
more than two nonresident employees being in or about the bed-and-breakfast
facility, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3
also redesignated former Subsection (b)(10) and (11) as Subsection
(b)(9) and (10), respectively.
(10)
Meals shall be served only to overnight guests,
owners, the owners' family or employees of the bed-and-breakfast facility.
(a)
Generally. A yard sale may
be conducted only pursuant to a permit issued by the Department, except
as exempted in this section.
(b)
Exemption. Two yard sales per calendar year may be conducted by the owners of a lot within the County on their lot and subject to the provisions stated in Subsection (c) hereof and such yard sales shall be exempted from the permit requirements of this section. Any additional yard sales conducted on the premises shall be required to obtain a yard sale permit as described in this section.
(c)
Requirements. The Department
shall issue a permit for a yard sale meeting the following requirements:
(1)
In addition to the two yard sales per calendar
year which are exempt from the permit requirements as cited in Subsection
(b) hereof, no more than three yard sale permits shall be issued for
any one parcel in any one calendar year.
(2)
Each yard sale permit shall be for a period not
to exceed seventy-two consecutive hours.
(3)
A yard sale permit may provide for alternative
dates.
(4)
The display area for any yard sale shall not exceed
one thousand square feet.
(5)
All display areas shall be set back fifteen feet
from the abutting road right-of-way.
(6)
All tables and other display racks shall be placed
on the site not more than twenty-four hours prior to the day of the
sale and removed within twelve hours after the sale.
(7)
Wherever possible, access to the site and areas
for parking on the site shall be arranged in such a way as to provide
safe ingress, egress and pedestrian circulation.
(8)
No advertising sign shall exceed four square feet
in area and no advertising sign shall be placed on any road right-of-way.
Signs shall be removed no later than twenty-four hours after the sale.
(a)
Purpose and intent. It is
the purpose and intent of this section to impose certain limitations
on the use of watercraft as a temporary or permanent residence.
(b)
Additional standards. In
addition to the standards and provisions contained elsewhere in this
Title, the following additional provisions shall apply to all watercraft:
(1)
Occupancy of watercraft out of water. No watercraft
either out of the water or not floating on the water shall be used
as a temporary or permanent residence.
(2)
Occupancy of watercraft floating on the water.
No watercraft floating on the water shall be used as a temporary or
permanent residence, except in a commercial or condominium marina.
(a)
Purpose and intent. The
purpose and intent of this section is to provide for the effective
management, control and review of telecommunications uses, including
towers, antennas, and related wireless equipment and structures.
(b)
Provisions in addition to other district
provisions. In addition to the standards and provisions
contained elsewhere in this Title, the following additional provisions
shall apply to all telecommunications uses.
(1)
Applications for the addition of telecommunications
equipment to existing structures or for new monopoles, freestanding
towers, and guyed towers shall include the following:
A.
A winds load analysis conducted by a qualified engineer.
B.
A certificate by a qualified engineer attesting
to the structural integrity of the existing structure and the projected
effects resulting from the addition of the proposed equipment.
C.
A certificate of compliance attesting to the fact
that the proposed equipment meets or exceeds Federal Communications
Commission (FCC) and American National Standards Institute (ANSI)
standards on radiation emissions.
D.
A complete description of the impact and a detailed
plan for avoiding, minimizing, mitigating or buffering the effects
of the proposed use on the following natural resources: steep slopes,
wetlands, stream corridors, forests, and habitats of threatened or
endangered species.
E.
A complete description of the impact and a detailed
plan for avoiding, minimizing, mitigating or buffering the effects
of the proposed use on any area of local, regional or national historic
or cultural significance.
F.
Explanation of the necessity to place the facility
in that particular location.
G.
Supporting evidence regarding the proposed equipment's
effects upon adjacent and adjoining property values.
H.
A detailed description, assessing the impact that
the proposed equipment will have upon aviation and overall visibility,
including the following:
1.
A copy of all information required by, or submitted
to, the Federal Communications Commission and Federal Aviation Administration
(FAA) concerning the proposed use and the impact that it will have
upon aviation or overall visibility.
2.
A copy of all plans and specifications required
as a condition of approval by the FCC or FAA and an analysis of the
impact that compliance with FCC or FAA mandates will have upon adjacent
and adjoining land uses.
3.
Proof of compliance with all FAA requirements relating
to lighting, siting, height, and visibility shall be required prior
to final permitting.
I.
For additions to existing structures of telecommunications
facilities that have the effect of increasing the overall height of
the existing structure, documentation that establishes that the applicant
performed a diligent search for a suitable site that did not have
the effect of increasing the height of existing structures.
J.
For new monopoles, freestanding towers, and guyed
towers, documentation that establishes that the applicant performed
a diligent search for a suitable existing structure.
K.
For new monopoles, freestanding towers and guyed
towers, documentation that demonstrates that "approved County-owned
sites" as designated by the County Commissioners by resolution, which
may be amended from time to time, are unsuitable. Such documentation
shall be subject to review and concurrence by the Department.
L.
The provisions of Subsections (b)(1)H through (b)(1)K
hereof shall not apply where additions to existing structures do not
increase the overall height.
(2)
Standards. Monopoles, freestanding towers and guyed
towers approved after the adoption of this section shall comply with
the following:
A.
Minimum lot requirements. Lot area and lot dimensions
shall be a function of the minimum setback required and are established
as follows:
1.
For all monopoles and freestanding towers of one
hundred ninety-nine feet in height or less which are concealed or
camouflaged, the minimum structure setback shall be: front yard setback,
fifty feet; and side and rear setbacks, twenty feet.
2.
For all non-concealed or -camouflaged monopoles
of any height and any monopole of two hundred feet or greater in height,
the minimum structure setback shall be equal to the height of the
monopole plus fifty feet.
3.
For all towers up to one hundred ninety-nine feet
in height, the minimum structure setback shall be one and one-quarter
(1.25) times the height.
4.
For all towers two hundred feet in height or greater,
the minimum setback shall be one foot of setback for every one foot
of tower height up to two hundred feet plus one and one-half feet
of setback for every one foot of tower height exceeding two hundred
feet.
B.
Siting requirements. There shall be a minimum separation
distance of one thousand feet from the nearest existing or permitted
residential structure on an adjacent parcel; two thousand feet from
all existing or permitted schools, day-care centers, nursing homes
and long-term care facilities; and five thousand feet from any property
designated on the National Historic Register except for monopoles,
towers or facilities one hundred ninety-nine feet or less in height
and which are concealed. There shall be a minimum separation distance
equal to the calculated tower setback as defined in Subsection (b)(2)A
hereof to any easement line of any overhead utility.
1.
Notwithstanding the provisions of Subsection (b)(2)B
hereof, the separation distance to an existing or permitted residential
structure on an adjacent lot may be reduced to not less than five
hundred feet as a special exception in the following cases:
[Amended 2-21-2017 by
Bill No. 17-1]
(i)
Where
requested in conjunction with any required special exception for the
placement of additional telecommunication facilities on a site having
a legal nonconforming telecommunication facility and provided that
the entire site is brought into conformance with the provisions of
Subsection (b)(2)E hereof.
(ii)
Where
the proposed telecommunication site is located within a high-demand
transportation corridor. For the purposes of this section a high-demand
transportation corridor is defined as the area between lines extending
one thousand feet parallel to the center line of any portion of a
state highway with an annual average daily traffic volume exceeding
ten thousand trips per day as shown on the most recent maps published
by the State Highway Administration Data Services Engineering Division
for Worcester County.
(iii)
In the A-1 or A-2 District, where the proposed
telecommunication site serves to reduce an environmental impact, including,
but not limited to, the protection of prime agricultural soils; land
actively utilized for a bona fide agricultural purpose; existing mature
tree growth; natural features as identified in § ZS 1-343(b)(1)D
hereof; or other similar features as determined by the Board of Zoning
Appeals.
[Added 6-7-2022 by Bill No. 22-9]
C.
Lighting requirements. No lighting shall be required
or permitted, except what is specifically required by the FCC, FAA
or another relevant state or federal agency; additionally, in instances
where the FCC or FAA require daytime high-intensity strobe lighting,
a set of red marker lights shall be installed for nighttime use. All
strobe lights shall be turned off at twilight.
D.
Lighting conversion. Except as otherwise required
by the FCC, FAA or other relevant state or federal agency, existing
towers equipped with nighttime high-intensity strobe lighting shall
be converted to red marker lights or alternating daytime strobe and
nighttime red marker lights as described in Subsection (b)(2)C hereof
not later than January 1, 2004.
E.
Screening and security requirements. A fence with
a minimum height of twelve feet shall be installed around the perimeter
of the tower base. All equipment shall be located within this fenced
area. The fence shall have an access gate which shall be kept in a
locked condition at all times, except when servicing is required.
The fence shall be equipped with additional entrance prevention devices
as necessary to prevent compound access by unauthorized personnel.
Except for monopoles in the C-2 District and monopoles, freestanding
towers and guyed towers in the I-1 and I-2 Districts, there shall
be an additional screening requirement consisting of a buffer at least
twenty-five feet in width planted with native species trees capable
of reaching not less than sixty feet in height when mature. For monopoles
in the C-2 District and monopoles, freestanding towers and guyed towers
in the I-1 and I-2 Districts, screening-type landscaping in accordance
with § ZS 1-322 hereof shall be provided around the
exterior perimeter of the fence.
F.
Visibility. All telecommunications facilities and
accessory structures shall be sighted in such a way as to have the
least possible adverse effect on the visual environment. All non-concealed
or -camouflaged facilities shall be of a galvanized finish or painted
light gray or pale blue above any surrounding tree line while any
portion below the tree line shall be painted gray, green, black or
similar color and designed to blend into the natural environment or
surrounding structures, unless otherwise required by the FAA. Furthermore,
they shall be designed and sighted so as to avoid, wherever possible,
application of FAA lighting and painting requirements. When located
in any zoning district other than the I-1 or I-2 Districts, structures
and facilities accessory to a monopole or tower shall use architecture,
materials, colors and textures designed to blend with the natural
environment and other structures in the general area. The concealment
or camouflaging of monopoles, towers and other telecommunication facilities,
using industry standard techniques and structures such as artificial
trees, architectural features on buildings, flag poles and grain silos,
among others, is highly recommended and should be used wherever possible.
G.
Additional provisions. All obsolete or unused towers
and equipment shall be removed at the owner's expense within twelve
months of the cessation of use.
(a)
Purpose and intent. The
purpose and intent of this section is to provide for the effective
management, control and review of a variety of alternative energy
facilities in a manner which facilitates their development while protecting
the health, safety and welfare of the citizens of the County.
(b)
MECHANICAL EQUIPMENT
METEOROLOGICAL TOWER
OVERSPEED CONTROL
PASSIVE STALL REGULATION SYSTEM
ROTOR DIAMETER
SOLAR ENERGY HEATING EQUIPMENT
SOLAR ENERGY POWER SYSTEM
SOLAR ENERGY SYSTEM, LARGE
SOLAR ENERGY SYSTEM, MEDIUM
SOLAR ENERGY SYSTEM, SMALL
SOLAR ENERGY SYSTEM, UTILITY SCALE
TOTAL HEIGHT
TOWER
WIND ENERGY CONVERSION SYSTEM
(1)
(2)
(3)
WIND TURBINE
Definitions. For the purposes
of this section, the following words and phrases shall have the meanings
respectively ascribed to them by this subsection:
Any device or equipment associated with or a part of a solar
energy system, such as but not limited to electrical control units,
transformers, inverters, switching equipment, electrical cabinets,
pumps, regulators and the like that transfer, transmit, switch or
regulate the energy produced by the system and transfer the energy
to the on-site building or dwelling where the energy is consumed.
Mechanical equipment shall not include wires, cables or pipes.
[Added 3-15-2011 by Bill No. 11-2]
Any tower and its supporting structure which holds or supports
equipment and telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous information or to characterize long-term trends
in wind resources at a given location.
A device or system designed and maintained to prohibit the
uncontrolled rotation of the wind energy conversion system's rotors
or blades beyond their operational limitations.
A form of overspeed protection whereby the angle of attack
of the blade airfoil is increased by the flexing of the blade from
excessive wind speeds until the lift force on the blade stops acting
and the blade's rotation is slowed or stopped or a system employing
blades angled such that winds above a given speed create turbulence
on the upwind side of the blade to limit or stop the blades' rotation.
The cross-sectional dimension of the circle swept by the
rotating blades.
Any system or device located on or adjacent to a building
and designed to harness solar radiation to heat water for use in a
building's domestic water system, swimming pool, hot tub or other
similar fixture or to heat air, water or any other liquid or gas which
is then used to condition a space occupied by humans or animals.
[Added 3-15-2011 by Bill No. 11-2]
Any device or facility that converts solar energy into electrical
energy either directly, as in the case of photovoltaic cells, or indirectly
by first capturing and/or concentrating solar radiation for the purpose
of converting any liquid to a gas used to fuel or propel an electrical
generator.
[Added 3-15-2011 by Bill No. 11-2]
A ground-mounted solar energy system with a rated capacity
of two hundred kilowatts up to and including two and one-half megawatts,
the principal purpose of which is to provide electrical power for
sale to the general power grid or to be sold to other power consumers
through a power purchase agreement as part of a net metering project
which may include both physical or virtual aggregation, or be consumed
on-site.
[Added 3-15-2011 by Bill No. 11-2; amended 11-18-2014 by Bill No. 14-6]
A ground-mounted solar energy system with a rated capacity
greater than five kilowatts but less than two hundred kilowatts or
a roof mounted solar energy system of any capacity in excess of five
kilowatts and serving, or designed to serve, any agricultural, residential,
commercial, institutional or industrial use on a single lot or parcel
or group of adjacent lots or parcels.
[Added 3-15-2011 by Bill No. 11-2]
A solar energy system with a rated capacity of five kilowatts
or less and serving, or designed to serve, any agricultural, residential,
commercial, institutional or industrial use on a single parcel or
lot. Individual photovoltaic cells or small groups of such cells attached
to and used to either directly power, or charge a battery which does
so, an individual device such as a light fixture, fence charger, radio
or water pump shall not be considered as a small energy power generation
facility as defined herein and may be used in any zoning district
without regard to lot or setback requirements.
[Added 3-15-2011 by Bill No. 11-2]
A ground-mounted solar energy system with a rated capacity
in excess of two and one-half megawatts, the principal purpose of
which is to provide electrical power for sale to the general power
grid.
[Added 11-18-2014 by Bill No. 14-6]
The vertical distance from the ground level to the tip of
a wind generator blade at its highest point of rotation.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
An electrical generating facility consisting of a wind turbine,
generator and other accessory structures and buildings, electrical
infrastructure and other appurtenant structures and facilities. For
the purposes of this section, wind energy conversion systems shall
be categorized as follows:
SMALL WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of a single wind turbine, generators, a tower and associated controls which has a total rated capacity of twenty kilowatts or less and designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.
MEDIUM WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than twenty kilowatts but not greater than one hundred kilowatts and designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.
LARGE WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than one hundred kilowatts and designed to provide electrical energy to the power grid as well as provide energy to the facilities wherein the system is located.
Any machine that converts the wind's kinetic energy into
rotary mechanical energy.
(c)
Wind energy conversion systems. Where wind energy conversion systems are allowed in accordance with
the provisions of this section, the following regulations shall apply:
(1)
Wind energy conversion systems shall only be allowed
where specifically permitted and in strict conformance with the requirements
as set forth herein. Notwithstanding the provisions of §§ ZS 1-116
and 1-117 hereof, there shall be no variances or adjustments permitted
to the setback or lot requirements established herein for wind energy
conversion systems.
(2)
Minimum lot requirements shall be as follows:
A.
Small wind energy conversion systems: Lot area,
no minimum established but instead shall be a function of the minimum
setbacks; minimum setbacks in the A, E, C, I and CM Districts, one
and one-half times the total height of the system to all property
lines, overhead power lines, and public rights-of-way, and in the
V, R and RP Districts, two and one-half times the total height of
the system to all property lines, overhead power lines, and public
rights-of-way.
B.
Medium wind energy conversion systems: Lot area,
five acres; minimum setbacks in the A and I Districts, one and one-half
times the total height of the system to all property lines, overhead
power lines, and public rights-of-way, and in the E, C and CM Districts,
two and one-half times the total height of the system to all property
lines, overhead power lines, and public rights-of-way.
C.
Large wind energy conversion systems: not permitted
in any district.
(3)
Anchor points for any guy wires supporting a wind
energy conversion system shall be set back a minimum of twenty-five
feet from all property lines.
(4)
There shall be no more than one wind energy conversion
system on any lot in any V, R or RP District and no more than two
wind energy conversion systems on any lot in the A, E, C, I or CM
Districts.
A.
The Board of Zoning Appeals as a special exception
may authorize greater than two wind energy conversion systems on any
lot in an A District where the Board affirmatively finds that the
additional wind energy conversion systems will not have a detrimental
effect on the peaceful enjoyment of the surrounding properties.
(5)
All wind energy conversion systems must be approved
under an emerging technology program such as the California Energy
Commission, International Electrotechnical Commission or any other
wind energy certification program recognized by the American Wind
Energy Association or the United States Department of Energy. Home
built, experimental and prototype wind energy conversion systems shall
be allowed, provided their safety is certified by a professional engineer
licensed in the State of Maryland.
(6)
All building permit applications for wind energy
conversion systems shall be accompanied by standard drawings of the
wind turbine structure, including the tower, base, footings, and any
accessory structures. An engineering analysis, prepared by a licensed
professional engineer, of the tower and its supporting systems demonstrating
compliance with the most current edition of the International Building
Code shall also be provided.
(7)
All wind energy conversion systems shall be supplied
with a redundant braking system to prevent overspeed rotation. The
braking system shall include both aerodynamic overspeed controls,
including variable pitch, tip brakes, and other similar systems, and
a mechanical or electromechanical braking system. All mechanical brakes
shall be operated in fail-safe mode. Passive stall regulation shall
not be considered an approved braking system for overspeed protection.
(8)
All electrical wires associated with a wind energy
conversion system, other than those necessary to connect the wind
generator to the tower wiring, the tower wiring to the disconnect
or the junction box, or any required grounding wires, shall be located
underground.
(9)
Wind energy conversion systems shall not be artificially
lighted. If the proposed system is in such a location or of such a
height that the Federal Aviation Administration would require lighting,
the system shall not be permitted.
(10)
No part of any wind energy conversion system,
including any guy wires supporting the system or the area swept by
the rotors, shall be located upon, within or extend over a drainage,
utility, access or other similar established easement. Systems or
components thereof may be located within agricultural land preservation
easements, provided all pertinent regulatory agencies agree to such
location and use.
(11)
Audible noise due to a wind energy conversion
system's operations shall not exceed the background noise levels as
measured at the property line of the site on which the system is located
by more than five decibels as measured on the decibel scale using
sound weighting filter A [commonly known as the "dB(A) scale"].
(12)
The minimum distance between the ground and any
part of the rotor blade for a small wind energy conversion system
shall be twelve feet while for a medium wind energy conversion system
it shall be thirty feet. Any tower climbing apparatus shall be at
least twelve feet from the ground.
(13)
Wind turbines shall be painted a nonreflective,
nonobtrusive color.
(14)
Where a wind energy conversion system has not
generated any electricity for a period of twelve months or more, it
shall be considered abandoned and, as such, shall be decommissioned
and removed by the property owner. The decommissioning shall include
removal of any wind turbine, its supporting tower or structure, buildings,
cabling, electrical components, or any other part of the system that
is at or aboveground level. The property owner shall be responsible
for fully completing the decommissioning within ninety days of abandonment.
(15)
Meteorological towers shall be subject to the
same regulations and standards as a wind energy conversion system
in the given zoning district.
(d)
Solar energy power system or heating
equipment. Solar energy systems and solar energy heating
equipment shall be permitted in any zoning district subject to the
following conditions and limitations:
[Amended 3-15-2011 by Bill No. 11-2]
(1)
Small and medium solar energy systems and solar
energy heating equipment shall be permitted in all zoning districts
subject to the following requirements:
A.
Small solar energy systems or any solar energy heating
equipment may be a part of or attached to a principal or accessory
structure located on a site and shall be subject to the same setback
and height limitations of said structure except as may be modified
by § ZS 1-305(k)(1)D hereof. Where not a part of or attached
to a principal or accessory structure, small solar energy systems
and solar energy heating equipment shall be considered an accessory
use on any lot or parcel of land and shall be subject to the setback
and height limitations as contained in the particular zoning district
for other customary accessory structures which are directly incidental
to the permitted principal uses and structures on the site.
B.
Medium solar energy systems may be attached to or
a part of a principal or accessory structure located on a site or
may be located as freestanding independent arrays, systems or structures.
In all cases they shall be subject to the setback and height limitations
for the principal structure.
C.
All mechanical equipment associated with and necessary
for the operation of the solar energy system shall not be located
in the minimum front yard setback and shall be subject to the setback
requirements for customary accessory structures in the zoning district.
D.
All mechanical equipment shall be screened from
any adjacent property which is in the R-1, R-2, R-3, R-4 or V-1 Districts
or used for residential purposes. The screen shall consist of shrubbery,
trees or other ornamental or natural vegetation sufficient to provide
an immediate visual barrier to the equipment. In lieu of a vegetative
screen a decorative fence may be used.
E.
All solar panels shall be situated in such a manner
as to prevent concentrated solar radiation or glare from being directed
onto adjacent properties, roads, or public gathering places.
F.
All power transmission lines for freestanding ground-mounted
solar energy systems or pipes from solar energy heating equipment
connecting freestanding systems to a building shall be located underground.
G.
Signage or text on solar energy systems may be used
to identify the manufacturer, equipment information, warning or ownership
but shall not be used to display any commercial advertising message
or anchor any streamers, balloons, flags, banners, ribbons, tinsel
or other materials to attract attention.
H.
Any ground-mounted system which has not produced
any electricity for a period of twelve months or more or found to
be unsafe by the Building Official shall be considered abandoned and,
as such, shall be repaired or decommissioned and removed by the property
owner. The decommissioning shall include the removal of the solar
energy system and all equipment, electrical components, support structures,
cabling, or any other part of the system that is at ground level or
above. The property owner shall be responsible for completing the
decommissioning within ninety days of abandonment.
I.
All references herein to the rated capacity of solar
systems or equipment are as stated in the manufacturer's maximum power
rating for the solar panel system as direct current (DC) wattage under
Standard Test Conditions (STC) of 1,000 W/m2 of solar irradiance and 25°C PV module temperature.
[Added 11-18-2014 by Bill No. 14-6]
(2)
Large solar energy systems may be located in the
A-1, A-2, I-1 and I-2 Districts with a minimum lot area of twenty
acres. Such systems may also be located in the E-1, V-1, C-1, C-2
and C-3 Districts with a minimum lot area of thirty acres which in
no case may be reduced by action of the Board of Zoning Appeals notwithstanding
the provisions of § ZS 1-116(c)(4). All large solar energy
systems shall be set back a minimum of one hundred feet from all property
lines for sites in the E-1, V-1, C-1, C-2 and C-3 Districts and a
minimum of fifty feet from all property lines for sites in the A-1,
A-2, I-1 and I-2 Districts. All large solar energy systems shall provide
a vegetated buffer at least six feet in width if solar panels are
located within five hundred feet of any property zoned or used for
residential purposes, said buffer to be located within the required
yard setback adjoining such residential use or zoning district. Furthermore,
all large solar energy systems shall be reviewed and processed as
a major site plan in accordance with the provisions of § ZS
1-325 hereof.
[Amended 7-19-2011 by Bill No. 11-3; 11-18-2014 by Bill No. 14-6]
(3)
Utility scale solar energy systems may be located
in the A-1, A-2, E-1, V-1, C-1, C-2, C-3, I-1 and I-2 Districts with
a minimum lot area of fifty acres which in no case may be reduced
by action of the Board of Zoning Appeals notwithstanding the provisions
of § ZS 1-116(c)(4). Furthermore, all approvals of utility
scale solar energy systems shall be in accordance with a two-step
approval process. The first step must be completed in its entirety,
including the obtaining of all necessary approvals, prior to proceeding
to the second step.
[Added 11-18-2014 by Bill No. 14-6]
A.
Step I concept plan approval. In this step the applicant
shall submit adequate plans and documents to sufficiently address
the required elements of review by the Technical Review Committee,
Planning Commission and County Commissioners. This submission shall
constitute the application for a utility scale solar energy system.
1.
The concept plan shall include at a minimum the
following:
(i)
A sketch
plan at a readable scale with contours shown at two-foot intervals,
all existing and man-made features, existing zoning, a vicinity map,
flood zone designation, and the boundary of the Chesapeake or Atlantic
Coastal Bays Critical Area and designation if applicable.
(ii)
A
preliminary designation of sensitive areas, including but not limited
to a preliminary delineation of any tidal or nontidal wetlands, and
a forest stand delineation showing any existing significant trees.
(iii)
A preliminary delineation of the area proposed to be disturbed by
the construction of the solar energy system and a schematic plan generally
identifying the existing and proposed drainage patterns for the site
and potential stormwater management treatment measures.
(iv)
A
written narrative outlining the need and benefits of the proposed
facility, the anticipated life of the facility, and proposed measures
and financial sureties for decommissioning the facility at the end
of its useful life.
(v)
An operations
and maintenance plan which includes measures to limit unauthorized
access to the facility and minimize environmental impacts from cleaning
and maintaining the facility, general operational parameters, and
emergency operations and shutdown procedures.
(vi)
A
description of the type, size, amount, height and area occupied by
the various components of the solar energy system and conceptual elevation
drawings of any proposed buildings.
(vii)
Where potable water and wastewater treatment is required, a preliminary
feasibility analysis of wastewater disposal capabilities and potable
water production.
(viii)
Such other information as the Technical Review Committee, Planning
Commission or County Commissioners may reasonably require to fully
evaluate the proposal.
2.
The Technical Review Committee shall meet with the
applicants to review the concept plan and written information. The
Technical Review Committee may request additional information from
the applicant, including studies or reports, and may require changes
or make suggestions to the applicant with regard to the application
and its conformance with other sections of the Zoning and Subdivision
Control Article and other pertinent laws and programs. Subsequent
to the meeting, the Technical Review Committee shall prepare a report
to the Planning Commission of its findings and recommendations, a
copy of which shall also be supplied to the applicant. The Technical
Review Committee shall review the applicant's submission and present
its report to the Planning Commission within ninety days of the applicant's
submission of a complete application, unless extended by the Planning
Commission.
3.
The Planning Commission shall then meet with the
applicant to review the submission and the report of the Technical
Review Committee. The Planning Commission shall produce findings with
regard to the application's consistency with the Comprehensive Plan,
the terms of the Zoning and Subdivision Control Article, and any other
laws or programs that may apply to the application. The Planning Commission
shall also make a recommendation to the County Commissioners as to
approval or disapproval of the application which may address the items
contained in the Technical Review Committee Report and other such
areas as it may deem appropriate. The Planning Commission shall submit
its report and recommendation within ninety days of its receipt of
the Technical Review Committee Report, unless extended by the County
Commissioners.
4.
The County Commissioners shall consider the application
and recommendation of the Planning Commission and hold a public hearing
within ninety days of receipt of the Planning Commission's report
and recommendation, unless extended by a majority vote of the County
Commissioners. The hearing shall have the same procedural formalities
as a map amendment as described in § ZS 1-113 hereof. Notice
of the public hearing shall be as required in § ZS 1-114
hereof. The County Commissioners shall review the application and
the Technical Review Committee and Planning Commission reports and
recommendations and shall, following the public hearing, approve or
disapprove the application. The County Commissioners may require independent
reports by consultants at the expense of the applicant prior to making
a determination with regard to the application. Failure of the County
Commissioners to reach a formal decision on the application within
six months of the public hearing shall constitute a denial of the
application. In granting an approval the County Commissioners may
impose any conditions they see fit in order to protect the health,
safety and welfare of the adjoining property owners or public at large.
Any conditions so established shall run with the land and shall be
fully enforceable upon any subsequent owners, tenants or occupants
of the property. Any approval by the County Commissioners must be
unconditionally accepted by the applicant and property owner in writing
within ninety days of approval by the County Commissioners. Failure
to accept the approval and conditions shall be considered a rejection
and abandonment of the approval by the applicant and therefore the
approval shall be null and void and of no effect whatsoever.
B.
Step II master site plan approval. Upon completion
of Step I the project shall be reviewed and processed as a major site
plan in accordance with the provisions of § ZS 1-325 hereof.
(a)
AIRFIELD
HELIPORT
Definitions. For the purposes
of this section, the following words and phrases shall have the meanings
respectively ascribed to them by this subsection:
Any area for the landing and takeoff of fixed-wing and helicopter
aircraft, except:
Any area for the landing and takeoff of helicopters only.
(b)
Required information. The
developer shall be required to submit the following information to
the Board of Zoning Appeals as part of the application for a special
exception:
(1)
A statement of the purpose of the facility, including
the expected type of aircraft and frequency of use of the facility,
services to be offered and instrumentation, lighting and communications
to be provided.
(2)
A conceptual site plan showing in general the proposed
layout, including runways, taxiways, aircraft parking areas, hangars
and other structures, automobile entrances, circulation and parking,
landscaping and buffering, utility services, property lines, adjoining
roads and other significant physical features, structures and uses
on the site and within five hundred feet of the property line.
(3)
An operations and safety plan showing graphically
the airspace operational patterns for use of the facility, noise level
contours for the loudest aircraft expected to use the facility and
a list of the safety measures that will be taken to protect the general
health, safety and welfare of the public.
(c)
Standards. In reviewing
the application, the Board of Zoning Appeals shall consult with the
State Department of Transportation concerning applicable state safety
and noise regulations and with Federal Aviation Administration regulations.
The Board shall specify such buffer zones and setbacks as the State
Department of Transportation and Federal Aviation Administration shall
suggest are appropriate to protect the public health, safety and general
welfare.
(d)
Site plan review. Once the
special exception has been approved, the required airfield or heliport
site plan shall be subject to site plan review and approval by the
Planning Commission in accordance with the provisions of § ZS 1-325
hereof.
(a)
Noise level standards. In
accordance with state law, the following maximum allowable noise levels
in decibels are adopted:
(1)
The maximum daytime decibel level shall be 75 in
the I and CM Districts, 67 in the C Districts, and 65 in the E-1,
V-1, and all R Districts.
(2)
The maximum nighttime decibel level shall be 75
in the I and CM Districts, 62 in the C Districts, and 55 in the E-1,
V-1, and all R Districts.
(3)
There are no maximum decibel levels in the A or
RP Districts.
(b)
Day and night defined. "Day"
shall be defined as the time between 7:00 a.m. and 10:00 p.m. "Night"
shall be defined as the time between 10:00 p.m. and 7:00 a.m. Noise
levels shall be measured at the property line. Any alleged noise in
excess of the above limits shall be investigated by the appropriate
state agency or County department as the County Commissioners may
designate.
(a)
Purpose and intent. It is
the declared intent of Worcester County to preserve, protect and encourage
the development and improvement of its agricultural land for the production
of food, fiber and other agricultural and forestry products. When
nonagricultural land uses extend into agricultural areas, agricultural
and forestry operations can become the subject of lawsuits. As a result,
agricultural and forestry operators are sometimes forced to cease
or curtail their operations. Others are discouraged from making investments
in agricultural or forestry improvements to the detriment of the economic
viability of the County's agricultural and forestry industries as
a whole. It is the purpose of this section to reduce the loss to the
County of its agricultural and forestry resources or combinations
thereof by limiting the circumstances under which agricultural and
forestry operations may be deemed to constitute a nuisance, trespass,
or other interference with the reasonable use and enjoyment of land,
including, but not limited to smoke, odors, flies, dust, noise, chemicals
or vibration and hours of operation; provided that nothing in this
section shall in any way restrict or impede the authority of the state
and of the County to protect the public health, safety and welfare.
It is in the public interest to promote a clearer understanding between
agricultural and forestry operations and nonagricultural residential
neighbors concerning the normal inconveniences of agricultural and
forestry operations which follow generally accepted agricultural and
forestry practices and do not endanger public health or safety.
(b)
Citation. This section may
be cited as the "Worcester County Right to Farm Law."
(c)
Interpretations. This section
is not intended to and shall not be construed as in any way modifying
or abridging local, state or federal laws, including, but not limited
to, laws relating to public health, safety or welfare, trespass onto
agricultural or forestry property, zoning, licensing requirements,
environmental standards (including those standards which relate to
air and water quality and pesticide use), and the like.
(d)
Applicability to conditions or actions
which constitute nuisances.
(1)
Nothing in this section shall prohibit or affect
any action brought under Subtitle I of Title 1 of the Public Health
Article of the Code of Public Local Laws of Worcester County, Maryland
regarding environmental health hazards.
(2)
In the event a condition or action is determined
to be a nuisance under Subtitle I of Title 1 of the Public Health
Article of the Code of Public Local Laws of Worcester County, Maryland
regarding environmental health hazards, then the procedures set forth
therein shall govern and the provisions of this section shall be inapplicable.
(3)
Nothing, however, shall prohibit actions or complaints
being initiated under both Subtitle I of Title 1 of the Public Health
Article of the Code of Public Local Laws of Worcester County, Maryland
regarding environmental health hazards and under this section until
such time as a nuisance is declared under Subtitle I of Title 1 of
the Public Health Article.
(e)
Severability. Should any
provision, section, paragraph or subparagraph of this section, including
any code or text adopted hereby, be declared null and void, illegal,
unconstitutional, or otherwise determined to be unenforceable by a
court having competent jurisdiction, the same shall not affect the
validity, legality, or enforceability of any other provision, section,
paragraph or subparagraph hereof, including any code or text adopted
hereby. Each such provision, section, paragraph or subparagraph is
expressly declared to be and is deemed severable.
(f)
AGRICULTURAL LAND
(1)
(2)
(3)
(4)
AGRICULTURAL OPERATION
FORESTRY OPERATION
GENERALLY ACCEPTED AGRICULTURAL OR FORESTRY PRACTICES
Definitions. For the purposes
of this section, the following definitions shall apply:
All real property within the boundaries of Worcester County
that is:
Zoned A-1 Agricultural District or A-2 Agricultural District;
Zoned E-1 Estate District but which was zoned A-1 Agricultural
District prior to March 10, 1992;
Has an agricultural assessment on the tax rolls of the State
Department of Assessments and Taxation as agricultural; or
All other parcels or combination of parcels in excess of five
acres and that have been lawfully used as an agricultural or forestry
operation continuously for one year.
Includes, but is not limited to, all matters set forth in
the definition of "agricultural operation" in § 5-403(a)
of the Courts and Judicial Proceeding Article of the Annotated Code
of Maryland, as from time to time amended, except as hereinafter set
forth; the production of all items encompassed within the definition
of "farm product" as set forth in § 10-601(c) of the Agricultural
Article of the Annotated Code of Maryland, as from time to time amended;
the cultivation and tillage of the soil, including a combination of
fields and forests; the spreading of manure, lime, fertilizer and
the like; composting; spraying; production, harvesting and processing
of agricultural crops; raising poultry and other fowl; production
of eggs; production of milk and dairy products; production of livestock,
including pasturage; production of bees and their products; production
of fish; production of fruit, vegetables and other horticultural crops;
production of aquatic plants; aquaculture; production and harvesting
of timber; and any commercial agricultural procedure performed as
incident to or in conjunction with such operations, including preparation
for market, delivery to storage or to market or of carriers for transportation
to market; usage of land in furtherance of educational and social
goals, (including, but not limited to, 4-H, Future Farmers of America,
and similar organizations), and agri-tourism. This term shall not
include processing facilities, rendering facilities, sludge disposal
or dead animal disposal as it pertains to slaughterhouses.
Includes, but is not limited to, silvaculture and the cultivation,
harvesting, and production of all items, products, and the like, derived
from the practice of forestry, as encompassed within the definition
of "forestry," as set forth in § 7-101(c) of the Business
Occupations and Professions Article of the Annotated Code of Maryland,
as from time to time amended.
Those methods used in connection with agricultural or forestry
operations which do not violate applicable federal, state or local
laws or public health, safety and welfare and which are generally
accepted agricultural or forestry practices in the agricultural or
forestry industry. "Generally accepted agricultural or forestry practices"
include practices which are recognized as generally accepted management
practices and those methods which are authorized or recommended by
governmental agencies, bureaus, and departments established for the
promotion or regulation of such activities. If no generally accepted
agricultural or forestry practice exists or there is no method authorized
by those agencies mentioned herein which govern a practice, the practice
is presumed to be a "generally accepted agricultural or forestry practice."
(g)
Limitation of actions.
(1)
A private legal or administrative action other
than an injunction issued on an emergency basis may not be maintained
on account of an agricultural or forestry operation conducted on agricultural
land on the grounds that the agricultural or forestry operation interferes
or has interfered with the use or enjoyment of property, whether public
or private, if the agricultural or forestry operation was, at the
time the interference is alleged to arise, conducted substantially
in accordance with generally accepted agricultural or forestry practices,
zoning and other regulatory requirements until final judgment by the
Agricultural Reconciliation Board and appeal to the Board of Zoning
Appeals.
(2)
Notwithstanding any provision of this section,
no action alleging that an agricultural or forestry operation conducted
in accordance with generally accepted agricultural or forestry practices
has interfered with the reasonable use or enjoyment of real property
or personal well being shall be maintained if the plaintiff has not
sought arbitration through the Agricultural Reconciliation Board and
appeal to the Board of Zoning Appeals.
(h)
Worcester County Agricultural Reconciliation
Board.
(1)
There is hereby created and established the Worcester
County Agricultural Reconciliation Board, which shall mediate and
arbitrate disputes involving agricultural or forestry operations conducted
on agricultural lands and issue opinions on whether such agricultural
or forestry operations are conducted in a manner consistent with generally
accepted agricultural or forestry practices and to issue orders and
resolve disputes and complaints brought hereunder.
(2)
The Agricultural Reconciliation Board shall be
composed of five persons, all County residents, and shall be appointed
by the County Commissioners. Members of the Board shall serve four-year
terms; however the initial appointments shall be as follows:
(3)
Two members of the Board shall be chosen from nominees
of the Worcester County Farm Bureau and one other member shall be
chosen from nominees of the Worcester County Forestry Board.
(4)
Not less than two but not more than three members
of the Board shall be engaged in the agricultural or forestry industries.
(5)
The Board may elect a chairman and adopt forms
and procedures.
(7)
The Board shall meet at least one time per year
and members shall serve as volunteers, with no monetary compensation
other than expense reimbursement as provided by the County Commissioners.
(8)
The County Agricultural Extension Agent or such
Agent's designee may serve as a consultant to the Board.
(9)
In a hearing the Board shall first attempt to mediate
and if that fails it shall arbitrate.
(i)
Procedures for resolution of disputes
regarding agricultural and forestry operations.
(1)
If any conflict cannot amicably be resolved regarding
an interference with the use or enjoyment of property from agricultural
or forestry operations conducted on agricultural or forestry land,
the parties to that conflict shall seek mediation and shall submit
the controversy to the Agricultural Reconciliation Board, in writing,
through the Department authorized by the County Commissioners. The
Director of the Department, or his designee, shall then notify all
Board members and persons known to have an interest in writing at
least thirty days prior to any scheduled hearing. Forms, if provided,
shall be used. The fee shall be paid upon filing.
(2)
The Agricultural Reconciliation Board will conduct
its proceeding in an informal manner and the rules of evidence shall
not apply. The Board has the power to hold hearings and to compel
testimony under oath and the production of documents. In each case
before it the Agricultural Reconciliation Board shall make findings
of fact and issue orders settling or otherwise resolving controversies
arising out of agricultural or forestry operations. An order of the
Board may be mandatory or directory. The Board shall have the right
to issue opinions and make suggestions with respect to matters brought
before it and shall have continuing jurisdiction to rehear any matter
brought before it to make further findings or issue further orders
with respect to the matter. The Board may, as a part of its proceedings,
request a report from the County Agricultural Extension Agent, such
agent's designee, or such other persons having expertise in the subject
matter of the complaint as the Board may reasonably determine. Any
cost, not to exceed an amount equal to the application fee, incurred
in obtaining such report may be assessed against either party.
(3)
Three Agricultural Reconciliation Board members
shall constitute a quorum.
(4)
If the hearing ends in a tie vote, no action shall
be taken on the complaint that formed the basis of the hearing but
the applicant shall be entitled to an appeal as if a new case to the
Board of Zoning Appeals. No similar case may be brought upon the same
set or essentially the same set of facts between the same parties
once it has been decided by the Board of Zoning Appeals unless there
is a significant change in conditions.
(5)
Where indicated, orders of the Agricultural Reconciliation
Board shall be binding on the parties as a matter of law but their
enforcement shall be suspended by operation of law if, within thirty
days of the date of the Board's judgment, a party appeals such order
to the Board of Zoning Appeals. Any appeal shall be heard de novo.
In hearing the appeal, the Board of Zoning Appeals shall give deference
to the decision of the Agricultural Reconciliation Board.
(6)
If the Agricultural Reconciliation Board or a court
finds that the conduct of a party in bringing or maintaining an action
in connection with an agricultural or forestry operation conducted
on agricultural or forestry land was in bad faith or without substantial
justification, the Agricultural Reconciliation Board or court may
require that party to pay the owner of the agricultural or forestry
operation (or any other party opponent) the costs of the proceeding
and the reasonable expenses, including reasonable attorney's fees
incurred by that party in defending against the action. The Agricultural
Reconciliation Board, while finding for either party in a particular
case may, in addition, make nonbinding recommendations to the parties
in an attempt to mediate the situation so that both parties can live
and work in harmony in the agricultural area.
(7)
Upon the filing of the complaint, the Department
charged with administering this law shall make an investigation of
the complaint which may include a visit to the site, interviews with
witnesses and parties and personal observations of the subject matter
of the complaint. In the event the Department determines that there
is no reasonable cause to proceed with a hearing before the Agricultural
Reconciliation Board, because no condition exists for the Agricultural
Reconciliation Board to resolve or that the complaint is frivolous,
petty or unreasonable, the Department may dismiss the application.
In the event of dismissal by the Department, the applicant shall have
the right to file an appeal of the decision of the Department to the
Board of Zoning Appeals within fifteen days of notification of the
dismissal pursuant to the provisions of § ZS 1-116(c)(1)
hereof. All costs associated with such an appeal shall be borne by
the applicant and shall be those fees as prescribed in the Board of
Zoning Appeals fee schedule as may be amended from time to time.
(8)
The Agricultural Reconciliation Board shall have
broad jurisdiction to resolve all matters relating to disputes involving
agricultural or forestry operations conducted on agricultural lands
that are brought before it regardless of the exact complaint filed.
The Board shall attempt to resolve all issues between the applicant
and the farmer or forester involved in the application. The Agricultural
Reconciliation Board's determination with respect to an application
may resolve the issues brought with respect to the dates upon which
the controversies occurred and may resolve such issues for future
occurrences.
(j)
Worcester County Agricultural Reconciliation
Board standards.
(1)
Any action conducted in accordance with generally
accepted agricultural or forestry practices and in accordance with
all zoning and other regulatory requirements shall be considered lawful
by the Board but the Board shall attempt, pursuant to its powers,
to ameliorate any such condition or lessen its impact on neighboring
properties.
(2)
The Board shall consider the nature of the complaint
(i.e., dust, odor, noise, drainage, or other complaint) in the light
of the necessity, as a part of the agricultural or forestry operation,
of creating such dust, noise, drainage, or other complaint.
(3)
The intensity of the condition caused by the agricultural
or forestry practices shall be considered as well as the physical
characteristics of the land and improvements in the area of the agricultural
or forestry operation condition complained of.
(4)
Use and conditions of the land and improvements
upon the taking of title to the real estate involved by all parties
affected shall be considered.
(5)
Difficulty or undue expense in making changes to
the agricultural or forestry operation to mitigate the condition complained
of shall be considered.
(6)
Time of onset of such condition shall be considered.
(7)
If a notice pursuant to Subsection (l) hereof was
or should have been given it will be considered.
(8)
Prior decisions of the Board shall be considered.
(k)
Additional Board requirements and procedures.
(1)
Standing. Any person filing a complaint before
the Board must have standing and be aggrieved which for the purposes
of this section shall require that the person filing the complaint
must regularly reside, own, or be engaged in work on a property adjacent
to the agricultural or forestry operation or so near the property
upon which the agricultural or forestry operation is conducted that
an improperly conducted operation would have an undue and unwarranted
adverse effect on the person's health, quiet enjoyment or property
values. All complainants must be natural persons.
(2)
Fees. The activities of the Agricultural Reconciliation
Board shall, where practical, be paid for by application fees; it
being the intent that the Board shall be essentially self-sufficient.
The application fee shall be set by the County Commissioners by resolution.
The applicant seeking relief before the Agricultural Reconciliation
Board shall pay the application fee upon the filing of the application.
(3)
Consolidation. The Agricultural Reconciliation
Board may consolidate similar cases.
(4)
Complaints based upon substantially identical facts
other than to enforce a finding or order of the Agricultural Reconciliation
Board or Board of Zoning Appeals shall be dismissed by the Department
pursuant to Subsection (i)(7) hereof.
(5)
Proceedings of the Agricultural Reconciliation
Board shall be upon at least thirty days' written notice to the parties
involved in the proceeding. Notice shall be considered given if sent
certified mail, return receipt requested, to the address of the applicant
as given in the application and to the other parties as reflected
by the County tax assessment records. Notice shall be considered given
whether actually received or not, but in cases where the certified
letter is returned the Department shall make at least two other attempts
via other forms of communication to advise the party of the proceeding.
(6)
Upon request and for good cause shown the Department
may reschedule a proceeding but new notices of the rescheduled time
shall be given in the same manner as notices for an original proceeding.
Any person actively engaged in an agricultural or forestry operation
shall have the right to a continuance of sufficient time so that if
requested, no proceeding of the Agricultural Reconciliation Board
shall be held during the period of time from March 15 through May
15 or from September 15 through November 30; provided, however, that
the Department may schedule a proceeding during that period of time
where the Department determines that there is an emergency situation
having a significant effect on the applicant's property rights or
reasonable enjoyment of the applicant's property. Continuances must
be requested in writing no less than fifteen days prior to the hearing.
(l)
Right to Farm notice. Prior
to the execution of a contract of sale for the transfer of any real
property which is agricultural land, a statement advising the purchaser
of the existence of Worcester County Right to Farm Law shall be given
by the seller to the buyer. The responsibility for giving the notice
shall be that of the seller, but if a licensed real estate professional,
including broker or salesman is involved in the transaction such licensed
real estate professional shall also be charged with the responsibility
of giving the notice. The notice shall be in a form prescribed by
the County Commissioners and shall contain essentially the following
information.
(1)
The existence of the Worcester County Right to
Farm Law.
(2)
The existence of the Worcester County Agricultural
Reconciliation Board.
(3)
That the property is located in an area where agricultural
and forestry activities are given priority over all other activities
and considered the first permitted use.
(4)
That agricultural and forestry operations regularly
include:
A.
Dust.
B.
Odor.
C.
Manure spreading and stock piling.
D.
Spraying of pesticides including aerial spraying
from low-flying aircraft.
E.
Over-sized, slow-moving vehicles.
F.
Noise from equipment as well as poultry house fans.
G.
Nighttime operations, including chicken catching.
H.
Clear cutting of trees.
I.
Agricultural and forestry operation run-off.
J.
Wildlife management operations.
(5)
All of the above conditions are included within
generally accepted agricultural and forestry practices. What you observe
in the area surrounding the property that you propose to purchase
on the date of this notice may not be the activities that will be
conducted during other seasons when planting and harvesting are underway.
(6)
You have been warned.
Copy received this _____ day of ____________________, 20____
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(7)
The County Commissioners shall provide, free of
charge, reasonable supplies of notices. A receipt for the notice shall
be signed by the purchaser prior to signing the contract of sale.
Failure to give or receive the notice shall in no way affect the validity
of any contract as binding between the buyer and seller, but this
provision shall not act as a bar for a damage claim against the seller
or real estate professional by the buyer on account of failure to
give the notice.
[Added 3-21-2017 by Bill
No. 17-2]
(a)
Purpose and intent. The
purpose and intent of this section is to encourage comprehensively
planned health care facilities and associated uses under a unified
plan of development that allows for flexibility while also requiring
unified design within the development and ensuring compatibility with
and minimum impact upon existing and future development in the surrounding
area. Although development of the entire health care planned unit
development (HCPUD) may not occur at one time and may instead be phased,
its development is intended to be accomplished in a manner which will
ensure compatible, integrated development with provisions being made
for safe internal traffic circulation, sufficient parking, appropriate
access to public roadways, and adequate buffering and landscaping,
as the lands are developed.
(b)
Location and area requirements. The HCPUD is permitted in the C-1 Neighborhood Commercial District,
the C-2 General Commercial District, and the C-3 Highway Commercial
District upon review and approval by the Planning Commission. The
minimum required lot area for a health care planned unit development
is ten acres in all districts which in no case may be reduced by action
of the Board of Zoning Appeals notwithstanding the provisions of § ZS
1-116(c)(4) hereof.
(c)
Permitted uses and structures. The following uses and structures may be permitted in a health care
planned unit development:
(1)
Facilities for outpatient treatment, surgical,
diagnostic, testing, and rehabilitation services.
(2)
Hospitals and similar facilities which provide
in-patient medical care, in accordance with the underlying zoning
district regulations.
(3)
Medical laboratories and testing facilities.
(4)
Professional offices of doctors, dentists, optometrists,
and other medical professionals, including incidental sales of medical
or dental aids.
(5)
Drugstores and pharmacies, including drive-through
service for delivery of prescriptions, medicines, and other therapeutic
aids.
(6)
Urgent care centers.
(7)
Nursing facilities or homes and assisted living
facilities.
(8)
Adult and child day-care centers.
(9)
Limited retail and service establishments catering
primarily to the needs of medical employees, patients, and patient
families, including such uses as automatic teller machines, convenience
goods stores, card and gift shops, bookstores, barber and beauty shops,
florists, newsstands, and restaurants but excluding drive-through
restaurants. Such retail and service establishments shall be clearly
incidental to the development's purpose as a planned unit development
centered on health care to the satisfaction of the Planning Commission
and shall not exceed ten percent of the total gross floor area of
the HCPUD.
(d)
Area limitations for uses. Within a HCPUD a minimum of ten percent of the total gross lot area
[as defined in § ZS 1-305(a) hereof] but excluding state
wetlands [as defined in § ZS 1-103(b) hereof] shall be devoted
to common use open space. The term "open space" shall not include
space devoted to buildings, roads and parking.
(e)
Permitted density. A HCPUD
is intended to be designed and function as a unified development and
as such may be comprised of multiple parcels or lots. Where multiple
parcels or lots are consolidated for the purposes of establishing
and developing a HCPUD, the gross square footage limitation of building
size for each parcel or lot as imposed by the underlying zoning district
may be combined to construct one or more buildings within the development
larger than permitted by the underlying zoning district for an individual
lot. For HCPUDs in the C-1 District, the total gross square footage
of all buildings in the HCPUD may be increased by a maximum of twenty-five
percent over that which would have been allowed as a permitted or
special exception use as of January 1, 2016, on the individual lots
or parcels that make up the HCPUD.
(f)
Lot and road frontage requirements. For individual structures, there shall be no minimum lot area, bulk,
lot width, area or road frontage requirements. Such standards shall
be as approved by the Planning Commission on a site plan prepared
in accordance with § ZS 1-325 hereof. In no instance may
a principal building be constructed closer than fifty feet to the
perimeter property line of the HCPUD. Where adjoining the A-1, A-2,
E-1, V-1, RP and all R Districts, such setback shall be increased
to a minimum of seventy-five feet and such setback shall be provided
with buffering in accordance with § ZS 1-322(e)(2) hereof.
(g)
Parking requirements. Parking
for individual uses within the HCPUD shall be in accordance with the
provisions of § ZS 1-320 hereof.
(h)
Landscaping, buffering and screening
requirements. In addition to the requirements set forth in Subsection (f) herein, the HCPUD shall comply with all pertinent landscaping, buffering and screening requirements set forth in § ZS 1-322 hereof.
(i)
Height. Except for certain
other buildings, structures or parts thereof as provided in § ZS
1-305 hereof, no structure shall exceed either four stories or forty-five
feet in height.
(j)
Review and approval procedure. The HCPUD application shall be reviewed by the Technical Review
Committee and the Planning Commission pursuant to the provisions of
§ ZS 1-325 hereof and this section. Construction and development
of the HCPUD shall be in accordance with the site plan as approved
by the Planning Commission pursuant to § ZS 1-325 hereof.
(k)
Planning Commission criteria. The Planning Commission shall not approve a HCPUD until it shall
find that each of the following criteria have been met:
(1)
The proposed development is sufficient in size
to provide adequate health care facilities and services and other
associated or incidental facilities and services to the community
which may be expected to use the development.
(2)
The proposed development is at a location where
traffic congestion does not exist on the roads to be used for access
to the development or where such congestion can be obviated by committed
public road improvement projects or by projects to be undertaken by
the applicant at his expense.
(3)
The proposed development will consist of structures
of an integrated and harmonious design, provided with adequate vehicular,
pedestrian and bicycle circulation, parking, service, utility services,
and landscaping.
(l)
Other regulations. In regulating
the development of health care planned unit developments, the provisions
of this section shall first apply, but when a matter is not specifically
regulated by this section, then the other provisions of this Title
and of the district in which the development is located shall apply.
(m)
Site plan review and required information. The applicant shall prepare a site plan meeting the requirements
of § ZS 1-325 hereof for submission to the Technical Review
Committee and the Planning Commission for review of the proposed development.
In addition, the applicant shall submit the following:
(1)
An outline of the proposed protective covenants,
lease and management and maintenance agreements by which the applicant
proposes to operate the development.
(2)
Evidence that the proposed development will not
be detrimental to or endanger the public health, safety or general
welfare and is consistent with the goals and objectives of the Comprehensive
Plan. This evidence shall take the form of a community impact statement
covering the following topics: highway capacity, traffic congestion
and traffic safety, the capacity and availability of public services,
including water and sewer service, air and water pollution, the effect
on County revenues and expenditures, jobs created, and such additional
information as may be requested by the Technical Review Committee
or the Planning Commission to adequately understand and review the
application.
(n)
Permits. No permit shall
be issued for any work in connection with a HCPUD until the Planning
Commission shall have reviewed and approved the HCPUD.
(a)
Purpose and intent. The
purpose and intent of this section is to provide for the effective
regulation of poultry houses and poultry operations in a manner which
facilitates their operations while protecting the health, safety,
welfare, and peaceful enjoyment of those properties adjacent to or
in the immediate vicinity of poultry operations.
(b)
POULTRY HOUSING UNIT
POULTRY OPERATION, SMALL
POULTRY OPERATION, MEDIUM
POULTRY OPERATION, LARGE
TUNNEL VENTILATION
Definitions. For the purposes
of this section the following words and phrases shall have the meaning
respectively ascribed to them by this subsection:
A single poultry house with a gross floor area of forty-four
thousand square feet or less.
A farm containing not more than one poultry housing unit
and which does not utilize a tunnel ventilation system.
A farm containing at least two but not more than four poultry
housing units or a farm with only one poultry housing unit which utilizes
a tunnel ventilation system.
A farm containing at least five but not more than eight poultry
housing units.
A method of ventilating poultry houses whereby exhaust fans
are located at one end of the poultry house and large openings are
installed in the sidewalls or at the end opposite the exhaust fans.
Air is drawn through these openings, through the house, and out the
exhaust fans at high velocities, much like a wind tunnel.
(c)
Limitations. Poultry operations
shall only be allowed where specifically permitted and in strict conformance
with the requirements as set forth herein. The maximum number of poultry
housing units on any one parcel or lot shall be eight poultry housing
units.
(d)
Buffering requirements. Vegetative
buffering requirements for poultry operations shall be a function
of the size of the poultry operation and the method of poultry house
ventilation as follows:
(1)
Small poultry operations: no buffering required.
(2)
Medium poultry operations: A buffer shall be required
only for poultry houses incorporating tunnel ventilation and is required
only within an area of influence defined by lines originating at the
outermost extent of the discharge nozzle or fan cowling and extending
forty-five degrees in either direction from the fan's axis of rotation.
The buffer shall run perpendicular to the axis of rotation of the
discharge fans and shall begin not less than fifty feet from the discharge
point of the fan.
(3)
Large poultry operations: A buffer shall be established
on all sides of the poultry operation.
(e)
Buffer standards. Where
required, vegetative buffers shall consist of not less than three
staggered rows of vegetation, said rows being spaced not less than
ten feet nor greater than twenty feet apart. Existing landscaped or
forested areas on the property of the poultry operation may be considered
as part of the buffer area, provided they are determined by the Department
to be of sufficient width and vegetative density to provide the same
level of functionality as a planted buffer as described herein and
where they are protected from clearing or modification by duly recorded
covenants and restrictions to the benefit of the County Commissioners
and acceptable to the County Attorney. Vegetative buffers shall be
designed and installed as follows:
(1)
The first row, closest to the poultry house, may
contain all deciduous trees, a mix of evergreen and deciduous trees
or a mix of any trees and shrubs. Spacing between trees or between
trees and shrubs shall be not less than six feet nor greater than
fourteen feet apart in the row depending upon species selection. Spacing
between shrubs shall be not less than three feet nor greater than
six feet apart in the row.
(2)
The second row may contain all evergreen trees
or a mix of evergreen trees and shrubs. Spacing between trees or between
trees and shrubs shall be not less than six feet nor greater than
fourteen feet apart in the row depending upon species selection. Spacing
between shrubs shall be not less than three feet nor greater than
six feet in the row.
(3)
The third row of the buffer, furthest away from
the poultry house, shall consist entirely of evergreen trees spaced
not less than six feet nor greater than fourteen feet apart in the
row depending upon species selection.
(4)
Plant material may consist of bare-root seedlings,
containerized plants or balled-and-burlapped plants. Bare root seedlings
shall be a minimum of three-year-old seedlings. Containerized plant
material shall be a minimum of one-gallon size. Where the buffer planting
consists of bare-root seedlings the required spacing between the plants
in a row shall be reduced to one-half of the smallest spacing requirement
to compensate for higher plant mortality.
(5)
All plant material shall be installed in conformance
with the planting details and specifications for trees and shrubs
as published by the International Society of Arboriculture and developed
by the Urban Tree Foundation.
(6)
All plant material shall consist of those species
and varieties identified as either "proven performer for Delmarva,"
"recommended buffer plant" or "potential buffer plant" in the document
VEB Tool-Kit as published by the Delmarva Poultry Industry, Inc. dated
June 2007, as from time to time amended.
(7)
Because required vegetative buffers constitute
an integral component of permit approval, all plant material shall
be maintained in a healthy and vigorous growing condition and comply
with the quantity and spacing requirements as shown on the approved
buffer plan in order to ensure an effective buffer. All dead, dying
or insect- or disease-ridden plant material shall be replaced promptly.
Failure to promptly replace plant material on one's own or within
thirty days of notification of a deficiency by the Department shall
constitute a violation of the conditions of permit approval and deemed
a violation of this Title and punishable as provided in § ZS
1-120 hereof.
(f)
Required setbacks. The minimum
required front, side and rear yard setbacks for all poultry operations
shall be two hundred feet and shall apply to all structures associated
with the poultry operation as defined in § ZS 1-103(b) hereof.
(g)
Existing poultry operations. Notwithstanding the provisions of § ZS 1-122 hereof, any
poultry housing unit or component of a poultry operation which was
lawfully constructed and in bona fide commercial production of poultry
prior to the adoption of this section may, without further action,
be reconstructed, moved, structurally altered, modified or replaced
without adhering to the requirements of this section subject to the
following:
(1)
The bona fide commercial production of poultry
on any existing lot or parcel shall be certified in writing on forms
provided by the Department. Such forms shall be completed by the poultry
company and integrator who provides the poultry, feed and technical
assistance to the individual farm for the commercial production of
the birds. The information required and provided shall be of sufficient
detail to establish that the poultry operation was in active commercial
operation at the time of adoption of this section and shall provide
detail with respect to the structures and uses employed in the operation.
In cases where the poultry operation was not affiliated with a particular
poultry company or integrator the Department may require what information
it deems necessary to establish the bona fide commercial production
of poultry at the time of adoption of this section. The decision of
the Department shall be final unless appealed to the Board of Zoning
Appeals pursuant to § ZS 1-116(c)(1) hereof.
(2)
The gross square footage of all existing poultry
housing units on a single lot or parcel shall not exceed that which
existed upon the adoption date of this section. However, the gross
square footage may be combined in order to determine the permissible
gross square feet of any replacement poultry housing units. The individual
replacement units may be of either greater or lesser size than those
they replace.
(3)
No reconstructed, moved, replaced, modified, structurally
altered, or enlarged poultry housing unit shall be located closer
to any front, side or rear property line than the respective shortest
distance from the poultry housing unit to a property line as it existed
on any lot or parcel at the time of adoption of this section.
(4)
No reconstructed, moved, replaced, modified, structurally
altered, or enlarged non-poultry housing unit component of a poultry
operation shall be located closer to any front, side or rear property
line than the required setback in place for the zoning district in
which they are located at the time of adoption of this section.
(5)
Any new use or structure which does not exist at
the time of adoption of this section and which is part of a poultry
operation as defined in § ZS 1-103 hereof may only be permitted
at an existing poultry operation in accordance with the provisions
of this section.
(6)
Notwithstanding the provisions of § ZS
1-117(e)(1), in such cases where the strict application of the setbacks
contained in § ZS 1-349(f) hereof for the addition of a
new structure or use at an existing poultry operation presents an
operational difficulty or unwarranted hardship, the required front,
side or rear yard setback may be reduced by action of the Administrative
Hearing Officer in accordance with the provisions of § ZS
1-117(e)(6). In no case, however, shall the setback be reduced below
that which was required for the use or structure in place for the
zoning district in which they are located at the time of adoption
of this section.
[Added 4-17-2018 by Bill No. 18-2]
(a)
Purpose and intent. The
purpose and intent of this section is to encourage comprehensively
planned seasonal resort developments and associated uses under a unified
plan of development that allows for flexibility while also requiring
unified design and ensuring compatibility with and minimum impact
upon existing and future development in the surrounding area. Although
construction of the seasonal resort development may not occur at one
time and may instead be phased, it must be accomplished in a manner
which will ensure compatible, integrated development with provisions
being made for adequate open space, safe internal traffic circulation,
sufficient parking, appropriate access to public roadways, and adequate
buffering and landscaping as the lands are developed.
(b)
Location and area requirements. The minimum required lot area for a seasonal resort development
is five acres which in no case may be reduced by action of the Board
of Zoning Appeals notwithstanding the provisions of § ZS
l-116(c)(4) hereof.
(c)
Permitted uses and structures. The following uses and structures may be permitted in a seasonal
resort development:
(1)
Cabins, cottages and similar structures which are
built on a permanent foundation or attached to a permanent chassis
and which meets all of the following criteria:
A.
Is designed to provide seasonal or temporary living
quarters for transients having complete sanitary and kitchen facilities
and separate entrances.
B.
Does not exceed a total of six hundred square feet
in gross floor area of enclosed space, with a cumulative maximum of
200 square feet in gross floor area of a deck or porch which may not
be enclosed with any material whatsoever other than insect screening.
(2)
Private noncommercial social and recreational areas
and facilities which serve only the tenants of the seasonal resort
development.
(3)
Offices, maintenance facilities and other uses
associated solely with the operation of the seasonal resort development.
(d)
Limitation on operation.
Units in a seasonal resort development shall be occupied only on a
seasonal basis and shall not be occupied as a place of primary residence
or domicile. The seasonal resort development shall not operate during
the months of January, February, November and December of each year
nor shall any units be occupied during those months. Utilities, other
than those reasonably necessary for security and caretaking purposes
and for the seasonal resort development's administrative office, shall
be shut off during the period when the seasonal resort development
is closed. Water and sewer facilities to all units and amenities shall
be among the utilities shut off.
(e)
Area limitations for uses. Within a seasonal resort development a minimum of thirty percent
of the total gross lot area [as defined in§ ZS l-305(a)
hereof] but excluding State wetlands [as defined in§ ZS
l-103(b) hereof] shall be devoted to common use open space. Such open
space shall not include utility and other service areas, roads and
off-street parking, loading areas, except underground utility areas
nor shall it include buildings except those specifically intended
for recreational use. Where possible, those areas contained in the
one-hundred-year floodplain should be dedicated as open space or recreational
areas. At least fifty percent of the required common use open space
shall be provided for active or passive recreation. No recreational
area shall be required to exceed thirty percent of the total area
of the development. Such recreational areas shall consist of contiguous
lands not containing any wetlands, tidal or nontidal, and be of sufficient
configuration as determined by the Planning Commission that they can
suitably function for the purpose stated herein. All recreational
areas shall be separated from any adjacent vehicular travelway or
parking area by a vegetated or man-made barrier. Proposed recreational
areas must be specified on the site plan for review and approval by
the Planning Commission.
(f)
Permitted density. A seasonal
resort development is intended to be designed and function as a unified
development and as such may be comprised of multiple parcels or lots.
The maximum density is eight units per gross acre of lot area.
(g)
Lot and road frontage reguirements. For individual structures, there shall be no minimum lot area, bulk,
lot width, area or road frontage requirements. Such standards shall
be as approved by the Planning Commission on a site plan prepared
in accordance with § ZS 1-325 hereof. Minimum yard setbacks
shall be: front yard setback, fifty feet [see § ZS 1-305(b)
hereof]; each side yard setback, twenty-five feet; and rear yard setback,
fifty feet. Such setback shall be provided with buffering in accordance
with § ZS 1-322(e)(2) hereof.
(h)
Parking requirements. There
shall be at least two parking spaces provided for each seasonal resort
development unit, at least one of which must be located at the unit's
location. If not provided at the site of the unit, the second required
parking space shall be located in a common parking area within six
hundred feet of the unit. Parking provided shall not exceed a maximum
of two and one half parking spaces per each seasonal resort development
unit. Parking shall be in accordance with the provisions of § ZS
1-320 hereof. One bike rack shall be provided at each amenity area,
bathhouse, store or other facility which is commercial in nature.
(i)
Landscaping, buffering and screening
requirements. In addition to the requirements set forth in subsection (e) herein, the seasonal resort development shall comply with all pertinent landscaping, buffering and screening requirements set forth in § ZS 1-322 hereof.
(j)
Height. Except for certain
other buildings, structures or parts thereof as provided in § ZS
1-305 hereof, no structure shall exceed either one story or fifteen
feet in height as measured from the average grade at the building's
foundation or the flood protection elevation for those properties
located in a special flood hazard area.
(k)
Review and approval procedure. The seasonal resort development application shall be reviewed by
the Technical Review Committee and the Planning Commission pursuant
to the provisions of § ZS 1-325 hereof and this section.
Construction and development of the seasonal resort development shall
be in accordance with the site plan as approved by the Planning Commission
pursuant to § ZS 1-325 hereof.
(l)
Planning Commission criteria. The Planning Commission shall not approve a seasonal resort development
until it shall find that each of the following criteria have been
met:
(1)
The proposed development will consist of structures
of an integrated and harmonious design, provided with adequate vehicular,
pedestrian and bicycle circulation, parking, service, utility services,
open space, and landscaping.
(m)
Other regulations. In regulating
the development of seasonal resort developments, the provisions of
this section shall first apply, but when a matter is not specifically
regulated by this section, then the other provisions of this Title
and of the district in which the development is located shall apply.
(n)
Permits. No permit shall
be issued for any work in connection with a seasonal resort development
until the Planning Commission shall have reviewed and approved the
seasonal resort development.
[Added 10-15-2019 by
Bill No. 19-3]
(a)
Generally. It is the intent
of these regulations to maintain the neighborhood character where
short-term rentals take place and protect the health, safety and general
welfare of the permanent residents and the lodgers while allowing
this form of renting to exist.
(b)
Requirements.
(1)
Any dwelling unit or portion thereof that is offered
as short-term rentals must conform to the provisions of this Title.
(2)
Any property used or planned to be used for short-term
rentals shall be limited to a single rental contract for any overnight
period regardless of the number of available sleeping rooms in the
principal dwelling unit or accessory apartment.
(3)
Occupancy.
A.
The definition of "family or housekeeping unit"
as contained in § ZS 1-103 hereof shall not apply in determining
the occupancy limitations for short-term rentals holding a valid rental
license pursuant to § TR 2-105 of the Taxation and Revenue
Article of the Code of Public Local Laws of Worcester County, Maryland
but rather shall be determined as follows:
1.
Every bedroom, as defined in § ZS 1-103
hereof, occupied by more than one person shall contain not less than
fifty square feet of floor area unobstructed other than by furniture
for each occupant.
2.
The total number of occupants permitted in any short-term
rental unit shall not exceed the sum total of all occupants permitted
in each bedroom of the structure.
B.
Accessory apartments shall only be rented in their
entirety and shall be subject to the occupancy limitations as contained
in Subsection (b)(3)A, above. Accessory apartments shall also be subject
to the provisions of § ZS 1-338 hereof.
(4)
No modifications shall be made to the dwelling
unit which shall change the functionality, appearance or principal
design of the structure as an individual dwelling unit.
(5)
One additional off-street parking space beyond
that required by the provisions of § ZS 1-320(a) shall be
provided for all short-term rental structures for which a building
permit application is received after the effective date of this section.
(6)
The property owner shall maintain a record of the
names of all lodgers, including their address, phone number and email
address as applicable, as well as the dates of lodging. Such record
shall be provided to the County upon request.
(7)
The property owner or their authorized agent shall
make the dwelling unit available for inspection during reasonable
hours upon request by the County in order to verify compliance with
the provisions of this Title.
(8)
On-premises signage shall be permitted in accordance
with the provisions of § ZS 1-324.
(9)
The hosting of functions and events, including
but not limited to wedding ceremonies, wedding receptions, family
reunions, birthday and anniversary celebrations, corporate and employee
appreciation parties and other similar gatherings of persons other
than the authorized lodgers, shall be prohibited in association with
any short-term rentals, regardless of whether or not any form of compensation
or barter has been paid or received by any individual or firm for
the event.
(10)
The County Commissioners by resolution may establish
additional standards or require additional information as deemed necessary
to enforce the provisions of this Title.
[Added 10-20-2020 by Bill No. 20-7]
(a)
Purpose and intent. The purpose and intent
of this section is to encourage comprehensively planned gaming facilities
or casinos and associated uses under a unified plan of development
that allows for flexibility while also requiring harmonious design
within the development and ensuring compatibility with and minimum
impact upon existing and future development in the surrounding area.
The casino entertainment district (CED) is intended to encourage economic
growth and tourism in Worcester County and shall include a gaming
facility that will serve as a local and regional draw. Although development
of the entire CED may not occur at one time and may instead be phased,
its development is intended to be accomplished in a manner which will
ensure compatible, integrated development with provisions being made
for safe internal traffic circulation, sufficient parking, appropriate
access to public roadways, appropriate pedestrian circulation, and
adequate screening, buffering and landscaping, as the lands are developed.
The first phase of any CED development shall consist of, at a minimum,
the fully licensed and constructed casino building with all necessary
and appropriate approvals for legal operation.
(b)
Location and area requirements. The CED
is permitted in the A-2 Agricultural District upon review and approval
by the Planning Commission. The minimum required lot area for a CED
is fifty acres which in no case may be reduced by action of the Board
of Zoning Appeals notwithstanding the provisions of § ZS 1-116(c)(4)
hereof. Any CED must be located such that it is directly served by
a major collector or arterial highway as identified by § ZS 1-326
of the Zoning and Subdivision Control Article or by a service road
as defined in § ZS 1-103 of the Zoning and Subdivision
Control Article and in accordance with § ZS 1-319 of
the Zoning and Subdivision Control Article to provide access from
such a highway. The location and construction standards for such service
road shall be as determined and approved by resolution of the County
Commissioners.
(c)
Permitted uses and structures. The following
uses and structures may be permitted in a Casino Entertainment District:
(1)
Fairgrounds and commercial racetracks licensed by the Maryland
State Racing Commission.
(2)
Commercial boarding stables for three or more animals, used
in conjunction with fair grounds or commercial racetracks licensed
by the Maryland State Racing Commission.
(3)
Gaming facilities and casinos licensed under the Maryland Video
Lottery Facility Location Commission.
(4)
Off-street parking garage or structure.
(5)
Restaurants, bars, nightclubs and banquet halls.
(6)
A single motel or hotel, not to exceed a maximum of 150 guest
rooms.
(7)
Retail or service establishments.
(8)
Stadiums and arenas for outdoor entertainment.
(9)
Theaters, including movie and/or performing arts.
(10)
Health clubs and fitness centers.
(11)
Places of assembly for exhibitions.
(12)
Public commercial, cultural, social and recreational
areas and centers, including playgrounds, parking and outdoor areas
utilized for tents and other temporary uses selling any item brought
to the location for such purpose.
(d)
Area limitations for uses. Within a CED
a minimum of twenty percent of the total gross lot area [as defined
in § ZS 1-305(a) hereof] but excluding state wetlands
as defined in § ZS 1-103(b) hereof] shall be devoted
to open space. Such open space shall not include utility and other
service areas, roads, parking lots or loading areas, except underground
utility areas, nor shall it include buildings except those specifically
intended for recreational use. Where possible, those areas contained
in the one-hundred-year floodplain should be dedicated as open space.
At least twenty-five percent of the required open space shall be provided
for common use such as landscaped pedestrian plazas or pedestrian
greenways with seating, picnic areas and similar facilities and may
include walking paths, except for those connecting principal and/or
accessory buildings. Proposed common use open space areas must be
specified on the site plan for review and approval by the Planning
Commission.
(e)
Lot and road frontage requirements. For
individual structures, there shall be no minimum lot area, bulk, lot
width, area or road frontage requirements. Such standards shall be
as approved by the Planning Commission on a site plan prepared in
accordance with § ZS 1-325 hereof. Notwithstanding
the Planning Commission's determinations herein, in no instance may
a principal structure be constructed closer than one hundred feet
to the perimeter property line of the CED. Where adjoining the A-1,
A-2, E-1, V-1, RP and all R Districts, such setback shall be increased
to a minimum of two hundred feet.
(f)
Parking requirements. The following provisions
shall apply to all uses within the CED:
(1)
Notwithstanding the provisions of § ZS 1-320,
the required amount of off-street parking for all uses in the CED
shall be a minimum of one space for each two hundred and fifty square
feet of gross floor area. There shall be a maximum of one space per
two hundred square feet of gross floor area allowed.
(2)
Bicycle spaces shall be provided in accordance with § ZS 1-320(a)
for the individual uses.
(3)
All other standards for the design of the off-street parking
areas shall be as provided for in § ZS 1-320.
(4)
The CED shall be served by internal driveways or roads of sufficient
capacity and design to ensure that traffic congestion does not occur
on the major collector or arterial highway that serves as access to
the site, either directly or via a service road.
(g)
Pedestrian circulation. The CED shall be designed to provide a site-wide comprehensive pedestrian network fully accessible to all structures on the property but shall not be used to comply with the calculation of the common use open space required in Subsection (d) above. Such sidewalks shall be landscaped as required by the Worcester County "Design Guidelines and Standards for Commercial Uses."
(h)
Architectural design. A coordinated architectural
design shall be established for the site consistent with one or more
of the architectural traditions contained within the Worcester County
"Design Guidelines and Standards for Commercial Uses."
(i)
Landscaping, buffering and screening requirements. In addition to the requirements set forth in Subsection (d) herein, the CED shall comply with all pertinent landscaping, buffering and screening requirements set forth in § ZS 1-322 hereof. Buffering shall be required along all perimeter property lines, except screening shall be required where adjoining any residentially zoned or used property, and all such perimeter buffering or screening shall be installed in the first phase of development.
(j)
Height. No structure shall exceed either
four stories or forty-five feet in height. However, notwithstanding
the provisions of § ZS 1-305(n), the Planning Commission
may allow an increase above the maximum permitted height or number
of stories where it finds that such an increase is reasonably necessary
for the proposed purpose and no neighborhood adverse effects or safety
hazards will be created.
(k)
Review and approval procedure. Any CED
application shall be reviewed by the Technical Review Committee and
the Planning Commission in a two-step process. Each step must be completed
in its entirety prior to initiating the next step.
(1)
In Step I, a schematic concept plan generally identifying the
type, location, and acreage of all proposed land uses, a preliminary
traffic study and any other pertinent documents or plans necessary
to sufficiently address the items identified in this section as the
Planning Commission criteria shall be submitted for review and approval
by the Technical Review Committee and the Planning Commission. This
plan shall also include general information relative to the applicable
architectural traditions contained in the Design Guidelines and Standards
for Commercial Use.
(2)
In Step II, a master site plan prepared in accordance with § ZS 1-325
hereof. It shall include a final traffic study, an outline of the
proposed protective covenants, lease and management and maintenance
agreements by which the applicant proposes to operate the development,
and all other pertinent documents or plans necessary to fully address
the items identified in this section as the Planning Commission criteria
shall be submitted for review and approval by the Technical Review
Committee and the Planning Commission. Minor revisions to the Step
II plan may be approved by the Department as provided for in § ZS 1-325(h).
(l)
Planning Commission criteria. The Planning
Commission shall not approve a CED until it shall find that each of
the following criteria have been met:
(1)
The proposed development will not be detrimental to or endanger
the public health, safety or general welfare and is consistent with
the goals and objectives of the Comprehensive Plan. This evidence
shall take the form of a community impact statement covering such
topics as highway capacity, traffic congestion and traffic safety,
the capacity and availability of public services, including water
and sewer service, air and water pollution, the effect on County revenues
and expenditures, jobs created, and such additional information as
may be requested to adequately understand and review the application.
(2)
The proposed development is sufficient in size to provide gaming
and entertainment facilities and services to the marketing area which
may be expected to use the development, yet is not of such as size
as to overwhelm the site or be a detriment to the surrounding community.
(3)
The proposed development is at a location where traffic congestion
does not exist on the roads to be used for access to the development
or where such congestion can be obviated by committed public road
improvement projects or by projects to be undertaken by the applicant
at his expense.
(4)
The proposed development will consist of structures of an integrated
and harmonious design, provided with adequate vehicular, pedestrian
and bicycle circulation, parking, service, utility services, and landscaping.
(m)
Other regulations. In regulating the
development of the CED, the provisions of this section shall first
apply, but when a matter is not specifically regulated by this section,
then the other provisions of this Title and of the district in which
the development is located shall apply, as well as any Acts of the
Maryland Legislature.
(n)
Permits. No permit shall be issued for
any work in connection with a CED or any permitted uses designated
in this section until all required review by the Planning Commission
shall have been completed and approved. Construction and development
of the CED shall be in accordance with the site plan as approved by
the Planning Commission pursuant to § ZS 1-325 hereof.