Charles County, MD
 
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Table of Contents
Table of Contents
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 11-21-1994 by Ord. No. 94-106; 3-1-1999 by Ord. No. 99-16; 10-25-1999 by Ord. No. 99-92; 12-11-2000 by Ord. No. 00-93; 3-7-2007 by Bill No. 2006-15; 5-2-2005 by Bill No. 2005-08; 10-22-2008 by Bill No. 2008-13; 4-13-2010 by Bill No. 2010-06]
A. 
The objectives of the following zones, Planned Residential Development (PRD), Mixed Use Development (MX), Planned Employment and Industrial Park (PEP), Transit Oriented Development (TOD) and Planned Manufactured Home Park (PMH), are:
(1) 
To encourage innovative and creative design of residential, commercial and industrial development; and
(2) 
To provide a broad range of housing and economic opportunities to present and future residents of the County consistent with the Charles County Comprehensive Plan.
B. 
The planned development process establishes density and intensity of uses with a master plan.
A. 
Location. Figure VII-1 indicates the appropriate locations for each of the planned development zones based on the objectives of the Comprehensive Plan as referenced in each of the purpose clauses of the respective planned development zones.[1] The reclassification from the base zone to the respective planned development zone, via the process established in this chapter, requires that the application comply with the provisions of each purpose clause of the respective planned development zone, compatibility with the surrounding neighborhood and all other standards set forth in the respective planned development zone and this chapter.
[1]
Editor's Note: Figure VII-1 is included as an attachment to this chapter.
B. 
Permitted uses. All uses permitted in these zones shall conform to the uses permitted in the Table of Permissible Uses (Figure IV-1).[2] Approval of a planned development zone shall not exempt property from compliance with all other requirements of this chapter.
[2]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.
C. 
Procedures.
(1) 
Master plan review required. The purpose of a master plan is to:
(a) 
Assure detailed compliance with the applicable provisions of the chapter;
(b) 
Provide the planning staff, the Planning Commission, and the County Commissioners with the necessary information to fully evaluate the proposed development;
(c) 
Determine density and intensity of uses; impacts to public facilities; and
(d) 
Determine any mitigation deemed necessary to address these impacts.
(2) 
Submission requirements for planned development zones. A planned development zone application and master plan shall be completed and filed with the Planning Division, along with appropriate fees and supporting data and analysis.
(a) 
Upon receipt of the application and master plan, the Planning Division will conduct a review for completeness and solicit comments from other departments, agencies and any officials deemed appropriate to determine if the selected criteria can be met. Incomplete applications will be returned with comments within 30 days of submission.
(b) 
Following a complete submission, the Planning Division will review the application and the master plan and provide comments to the applicant.
(c) 
After revising the master plan and other supporting information based on the initial review, the applicant may resubmit a revised application and master plan.
(d) 
The Planning Commission will hold a public meeting on all submissions which shall include the following:
[1] 
Introduction by staff;
[2] 
Presentation by the applicant;
[3] 
Staff review, comments, and recommendation; and
[4] 
Public testimony.
(e) 
The Planning Commission will forward its report and recommendations to the County Commissioners.
(3) 
Public hearing. The County Commissioners will hold a public hearing on the reclassification from the base zone to the requested planned development zone for the proposed development project, which includes:
(a) 
Staff review, comments, and recommendation;
(b) 
Presentation by the applicant;
(c) 
Planning Commission review, comments, and recommendation; and
(d) 
Public testimony.
(4) 
Final decision. Following the public hearing and in accordance with § 297-104 of this article, the County Commissioners will make the final decision as to whether the reclassification should be granted and the requested density or intensity permitted. The County Commissioners may add conditions to the zoning approval.
A. 
Any application for the designation to a planned development zone shall be accompanied by a proposed master plan which contains all of the information required Appendix A. The proposed master plan shall also include any information necessary to evaluate the proposal, including but not limited to the following:
(1) 
Schedule and phasing with approximate or estimated dates for beginning and completion of each phase of construction and proposed market absorption.
(2) 
Architectural elevation sketches of typical proposed structures, typical recreation areas, typical landscaping and screening areas and typical development blocks.
(3) 
A report showing the fiscal impact of the proposed development on the County.
(4) 
A statement showing the relationship of the proposed development to the Comprehensive Plan.
(5) 
A generalized impact mitigation report giving a preliminary analysis of the impact of the proposal on public facilities such as roads, schools, water, sewer, fire, police services and parks and any measures proposed to adequately mitigate for these impacts or provide for an acceptable level of services.
(6) 
A statement of proposed density (residential units) and/or intensity (nonresidential square feet), as requested, for the project. This statement shall include a written description of the general uses desired; ratios of proposed uses; type of residential units proposed and proportional mix of dwelling units by type; and type of nonresidential structures.
(7) 
A description of the surrounding area of the subject property that will be affected by the requested reclassification.
(8) 
As part of the master plan, a graphic indicating location of designated uses, generalized boundaries and approximate square footages of proposed areas intended for residential, employment, industrial, institutional/civic, transit, and major open space. The applicant shall refer to the designated use categories of the requested zone.
(9) 
The proposed major circulation system, including the general location of proposed major roads and pedestrian pathways, points of access to existing roads, and existing or proposed public transit facilities on the proposed graphic.
(10) 
A design and development code which conforms to the site design and architectural (SDA) guidelines or other guidelines adopted by the County Commissioners and appropriate for the particular site.
(11) 
A statement which explains how applicable superior design criteria, as defined in Appendix I,[1] will be met, as agreed upon by the County Commissioners and the applicant. The required superior design criteria shall be included in the conditions of approval of the master plan.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
(12) 
As an alternative to using the County's Schedule of Zone Regulations for the particular planned development zone, the applicant may propose a separate design and development code for the project. Refer to § 297-109C of this article for detailed requirements.
B. 
The County Commissioners shall approve the master plan at the time of approval of the planned development zone.
A. 
In order to approve a planned development zone, the County Commissioners must find that the proposed project, with its master plan, is sufficient to achieve the purposes of the zone requested, is compatible with the surrounding area and is consistent with the Comprehensive Plan. The specific maximum density is determined by use of Figure V-1, maximum residential densities (dwelling units per acre) in Article V of this chapter.[1] Intensity (square feet) for the project shall be specified in the application and is to be approved by the County Commissioners in the grant of zoning approval based on the master plan. Once approved by the County Commissioners, the master plan design may be amended, with approval of the County Commissioners, if the project:
(1) 
Remains in conformance with the conditions of the zoning approval;
(2) 
Is in substantial conformance with the original approved master plan; and
(3) 
Does not increase the number of residential development units or square footage of nonresidential development.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
B. 
The approval of a planned development zone shall establish:
(1) 
The proportional mix of dwelling units by type when residential development is allowed.
(2) 
Special conditions to be satisfied during the development process, including but not limited to the timing of construction, on-site and off-site infrastructure improvements, buffering, typical architectural elevations, design and development codes, infrastructure plans, environmental standards or requirements and fiscal impact limitations.
C. 
Any residential density granted by the County Commissioners greater than the base zone density, in combination with the affordable housing density bonus (per Figure V-1 in Article V of this chapter), must be achieved only through the transfer of development rights as set forth in Article XVII.[2]
[2]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
D. 
For any project to be built in phases, the applicant shall, once the project is approved, provide a narrative with the current accounting status of the approved planned development zone's progress at the time of each preliminary plan and/or site plan application. In this narrative, the applicant shall demonstrate that all criteria and conditions for development are being monitored. The narrative shall also include:
(1) 
The uses completed in terms of density (number of units) and/or intensity (square feet);
(2) 
The uses approved but not completed;
(3) 
The uses proposed in the application being submitted; and
(4) 
The uses planned in the future.
A. 
Purpose. It is the purpose of the Planned Residential Development (PRD) Zone to implement standards and recommendations of the Charles County Comprehensive Plan by permitting unified residential development consistent with the densities recommended in the Comprehensive Plan. It is intended that this zone provide a means of regulating development which can achieve flexibility of design, the integration of mutually compatible residential uses, optimum land planning with greater efficiency, environmental sensitivity, convenience and amenity than the procedures and regulations would permit as a right under the base zones. In so doing, it is intended that this zone be utilized to implement the recommendations and other pertinent County policies in a manner closely compatible with said County plans and policies. Additional purposes of this zone are:
(1) 
To ensure that all developments will positively contribute to the County's historic and cultural heritage, as reflected in the Comprehensive Plan, by preserving historic structures, sites and vistas.
(2) 
That development be so designed and constructed as to facilitate and encourage a maximum of social and community interaction and activity among those who live and work within an area and to encourage the creation of a distinctive visual character and identity for each development. It is intended that development in this zone produce a balanced and coordinated mixture of residential uses.
(3) 
To provide and encourage a broad range of housing types, comprised of owner and rental occupancy units, with single-family, multiple-family and other structural types.
(4) 
To preserve and take the greatest possible aesthetic advantage of trees and to achieve this objective through minimal grading necessary for construction of a development.
(5) 
To encourage and provide for open space not only for use as buffer yards and yards surrounding structures and related walkways, but also conveniently located with respect to areas of residential and commercial concentration so as to function for the general benefit of the community and public at large as places of relaxation, recreation and social activity; and, furthermore, open space should be situated as part of the plan and design of the development so as to achieve the physical and aesthetic integration of the uses and activities within said development.
(6) 
To encourage and provide for the development of comprehensive pedestrian circulation networks, separated from vehicular roadways, which constitute a system of linkages among residential areas, open spaces, recreation areas, commercial and employment areas and public facilities, thereby minimizing reliance upon the automobile as a means of transportation.
(7) 
To achieve a maximum of safety, convenience and amenity for both the residents of each development and the residents of neighboring areas; and, furthermore, to assure compatibility and coordination of each development with existing and proposed uses which constitute the surrounding area of a subject property.
(8) 
To foster prosperous and viable communities that are of an enhanced design and structural quality which will result in property values that will be sustained over time.
B. 
This zone shall be approved upon findings that the application:
(1) 
Is consistent with the comprehensive and systematic development of the County;
(2) 
Is capable of accomplishing the purposes of this zone;
(3) 
Is consistent with the Comprehensive Plan; and
(4) 
Is compatible with the surrounding neighborhood.
C. 
The required minimum area shall be 20 acres.
D. 
The maximum number of dwelling units submitted in the development shall be determined using the gross tract area of the planned residential development and the density ranges established in Figure V-1 (maximum residential densities) in Article V.[1] A maximum density greater than the base zone density, in combination with the affordable housing density bonus (per Figure V-1 in Article V), shall only be achieved through the purchase of transferable development rights.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
E. 
In addition to the buffer yard requirements of Article XXIII, dwelling units located near the periphery of a PRD Zone shall be compatible with neighboring areas and provide adequate transition in density and dwelling unit type.
A. 
Purpose. It is the purpose of the Mixed Use (MX) Zone to establish standards for the implementation of the Comprehensive Plan for planned projects which will successfully integrate residential, commercial, industrial and institutional uses into a master-planned development. Additional purposes of this zone are:
(1) 
To provide a more flexible approach to the comprehensive development of master-planned projects in terms of use mix, density and design and to, encourage the reduction of travel time between the home and the workplace.
(2) 
To implement the Comprehensive Plan and other County plans and policies in a manner and to a degree more closely compatible with County plans and policies than are possible under the base zone. Where applicable, a proposed mx zone must implement and be integrated with the detailed proposals for land use, road network, infrastructure and design established in subarea plans, vision plans and design guidelines adopted by the County Commissioners.
(3) 
To establish standards through which the land use objectives and recommendations of the Comprehensive Plan can serve as the basic for evaluating a multiuse project proposal.
(4) 
If project boundary is located within 1/4 mile of the area included in the Downtown Waldorf Vision Plan, the project should include development that supports the planning principles and design goals in the Downtown Waldorf Vision Plan.
(5) 
To ensure that the development is architecturally integrated by requiring an internal policy mechanism such as a design and development code or an architectural review board.
(6) 
To promote the type of development which corrects any existing ecological or environmental deficiency found on or in the vicinity of a subject property.
(7) 
To ensure that all developments will positively contribute to the County's historic and cultural heritage, as reflected in the Comprehensive Plan, by preserving historic structures, sites and vistas.
(8) 
To provide for the expansion or relocation of existing County businesses and to enhance the County's tourism industry.
(9) 
To manage traffic congestion by providing for multiple modes of transportation including pedestrian/bicycle facilities and transit service and by providing an adequate road circulation system to help distribute traffic.
(10) 
To encourage activities which expand the County's solid waste and recycling program.
(11) 
To promote the development of and location for qualified "target" industries as designated by the County Economic Development Department.
(12) 
To encourage the orderly, staged construction of comprehensively planned, multiuse centers at locations recommended in the Comprehensive Plan and subarea plans.
(13) 
To provide, where appropriate, higher-density residential uses integrated into the overall multiuse project.
(14) 
To ensure internal compatibility of residential and nonresidential uses by providing superior design, and to successfully integrate a mixture of complementary uses, including residential, commercial, recreational, employment, civic and institutional uses.
(15) 
To assure compatibility of the proposed uses with surrounding uses by incorporating higher standards of land planning and site design than could be accomplished under base zones.
(16) 
To allow for the integration of different types of uses within the same area or building in a way that achieves overall harmony within the proposed development and promotes a lively, dynamic environment.
(17) 
Open space.
(a) 
To provide for open space serving the following functions:
[1] 
Places of relaxation, recreation and social activity for the community and public at large;
[2] 
Parks, plazas and squares that provide attractive landscaped amenities; and
[3] 
Protection of mature woodlands and sensitive environmental features.
(b) 
Open space should be situated and designed to connect and integrate the uses and activities within the development. In addition, structured parking within mixed-use planning is encouraged to help achieve the open space and amenities objective of this zone.
(18) 
To encourage and provide for the development of comprehensive nonvehicular circulation networks, separated from vehicular roadways, which constitute a system of linkages among residential areas, open spaces, recreational areas, commercial and industrial areas and public facilities.
(19) 
To encourage and provide for efficient use of energy resources through shared facilities, energy-efficient development or other economies of scale or technology.
(20) 
To foster prosperous and viable communities that are of a superior design and structural quality which will result in property values that will be sustained over time.
B. 
Compatibility requirements. In addition to the buffer yard requirements of Article XXIII, uses and structures located near the periphery of an MX Zone shall be compatible with existing and planned uses in the surrounding area adjacent to the gross tract boundary and provide adequate transition in intensity and building type.
C. 
The required minimum area shall be 10 acres.
D. 
The maximum number of dwelling units permitted in the project is determined using the total of the gross tract area and the density ranges established in Figure V-1 (maximum residential densities) in Article V.[1] A maximum density greater than the base zone density, in combination with the affordable housing density bonus (per Figure V-1 in Article V), shall only be achieved through the purchase of transferable development rights.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
E. 
Nonresidential intensity (square feet) shall be proposed in conjunction with the master plan and considered with the generalized public facilities impact mitigation report required to be submitted with planned development rezoning applications. A maximum intensity shall be established on the gross tract area of the entire MX Zone as part of the master plan approval. A floor area ratio (FAR) may be provided in conjunction with the proposed square footage in the design and development code.
F. 
Use distribution. Development within an MX Zone may incorporate residential, commercial retail/office, institutional/civic and low-intensity industrial uses (see Figure IV-1, Table of Permissible Uses, for a comprehensive list of uses).[2] Projects shall be approved through the planned development zone process in accordance with the criteria set forth below:
Required Percentage Mix of Uses for Residential, Commercial Retail/Office, and Institutional/Civic
Uses
Percentage of Development as Measured in Square Feet
Residential
Maximum
65%
Minimum
20%
Commercial, retail*
Maximum
30%
Minimum
10%
Commercial, office*
Maximum
30%
Minimum
20%
Institutional and/or civic
Maximum
10%
Minimum
5%
*
Note: Light industrial employment uses may be substituted for commercial or office uses as desired.
[2]
Editor's Note: Figure IV-1 is included as an attachment to this chapter.
G. 
A minimum of 20% of the gross tract area of the MX Zone shall be open space. A minimum of 10% of the gross tract area shall be usable open space. Usable open space shall be counted as part of the required minimum open space. Usable open space shall include on-site landscaped areas, community open space, and/or land dedicated for County parkland, and shall allow for human activities of relaxation, recreation and social activity. Usable open space shall not include areas statutorily excluded from development such as jurisdictional wetlands, forest stands and buffer yards. The distribution of major open space areas, major stream corridors, proposed County parks and other key features shall be shown on the master plan graphic and typical designs.
A. 
Purpose. It is the purpose of the Planned Employment and Industrial Park (PEP) Zone to establish standards for planned developments of light and medium industrial uses along with related commercial uses. Additional purposes of this zone are:
(1) 
To encourage development which presents an attractive appearance and is compatible with uses in the surrounding area by means of appropriate siting of buildings, service areas and landscape treatment.
(2) 
To locate development on land with water and sewer facilities which meet applicable County standards, on sites served by one or more major highways and on sites that are clearly suitable for the physical characteristics of development for such uses.
(3) 
To provide a more flexible approach to the comprehensive development of large tracts of land in terms of land use, intensity and design.
(4) 
To be used to implement the Comprehensive Plan and other County plans and policies in a manner closely compatible with said County plans and policies.
(5) 
To establish standards through which the land use objectives and recommendations of the Comprehensive Plan can serve as the basis for evaluating individual PEP proposals.
(6) 
To promote the type of development which corrects any existing ecological or environmental deficiency found on or in the vicinity of the subject property.
(7) 
To ensure that all developments will positively contribute to the County's historic and cultural heritage, as reflected in the Comprehensive Plan, by preserving historic structure, sites and vistas.
(8) 
To reduce traffic congestion by improving the level of service (LOS) of the road network serving the development by reducing or minimizing entrances, curb cuts and side friction along main roads by the construction of service roads, in accordance with County policies and by incorporating trip-reduction measures into developments.
(9) 
To encourage activities which expand the County's solid waste and recycling program.
(10) 
To promote the development and location of qualified "target" industries as designated by the County Economic Development Commission.
(11) 
To require the orderly, staged construction of large-scale, comprehensively planned employment centers.
(12) 
To assure compatibility of land uses proposed in such a development with uses in the surrounding area of the site by incorporating higher standards of land planning and site design than could be accomplished under the base zone.
(13) 
To encourage and provide for efficient use of energy resources through shared facilities or other economies of scale or technology, including innovative fuels.
B. 
Compatibility requirement. In addition to the buffer yard requirements of Article XXIII, uses and structures located near the periphery of a PEP Zone shall be compatible with the surrounding area and provide adequate transition in intensity and building design.
C. 
The minimum area shall be 20 acres.
D. 
The maximum FAR per site shall be determined by the Development Guidance System (DGS) in Article VIII and shall apply to each lot in the PEP Zone.
E. 
A design code which conforms to the site design and architectural (SDA) guidelines shall be submitted with any preliminary plat or site plan as set forth in § 297-109
A. 
Purpose. It is the purpose of the Planned Manufactured Home Park (PMH) Zone to establish the standards for planned manufactured home residential developments, including related recreational and service facilities. Additional purposes of this zone are:
(1) 
To locate manufactured home developments at appropriate locations that are consistent with the objectives and recommendations of the Comprehensive Plan.
(2) 
To provide for flexibility of design, grouping and layout of the sites of manufactured homes in such a development; and to provide amenities normally associated with planned residential areas such as recreational facilities and convenient associated services.
(3) 
To require site and development plans which maximize compatibility of development with existing and planned land uses in the surrounding area of the subject property.
(4) 
To encourage the upgrading of existing manufactured home parks.
(5) 
To encourage the location of such development in the vicinity of or adjacent to existing manufactured home parks.
(6) 
To promote the type of development which corrects any existing ecological or environmental deficiency found on or in the vicinity of the subject property.
(7) 
To encourage developments which provide sites for manufactured homes requiring relocation due to failing septic systems at their former location.
(8) 
To encourage the provision of open space.
(9) 
To encourage activities which expand the County's solid waste and recycling program.
(10) 
To be used to implement the Comprehensive Plan and other County plans and policies in a manner closely compatible with said County plans and policies.
(11) 
To establish standards through which the land use objectives and recommendations of the Comprehensive Plan can serve as the basis for evaluating individual projects.
(12) 
To ensure that all manufactured developments will positively contribute to the County's historic and cultural heritage, as reflected in the Comprehensive Plan, by preserving historic structures, sites and vistas.
B. 
Compatibility requirement. The manufactured home development shall be compatible with existing and planned uses in the surrounding area to the maximum extent possible, either by locating double-wide trailers adjacent to land for which the Comprehensive Plan recommends a single-family detached zone or by the location of open spaces and landscaping or by other appropriate methods as may be desirable or appropriate.
C. 
Minimum tract dimensions.
(1) 
Manufactured home park or manufactured home subdivision (not in combination).
(a) 
Minimum area: 10 acres.
(b) 
Minimum width. Minimum width of tract for portions used for general vehicular entrances and exits only (other than alleys and service entrances) shall be 60 feet; for portions containing lots for dwellings and buildings open generally to occupants, the minimum dimension shall be 200 feet.
(c) 
The tract shall comprise a single lot or parcel except where the site is divided by public streets or alleys or where the total property includes separate parcels for necessary utility plants, maintenance or storage facilities and similar uses, with appropriate access from the manufactured home park, provided that all such lands involved shall be so dimensioned and located as to facilitate efficient design and management.
(2) 
Manufactured home subdivision combined with manufactured home park.
(a) 
Minimum area: 20 acres.
(b) 
The manufactured home park portion shall be separate from the manufactured home subdivision.
(c) 
The manufactured home subdivision portion shall consist of at least 10 acres and shall meet all other requirements for subdivisions in the base zone.
(d) 
Minimum width. Minimum width of tract for portions used for general vehicular entrances and exits only (other than alleys and service entrances) shall be 60 feet; for portions containing lots for dwellings and buildings open generally to occupants, the minimum dimension shall be 200 feet.
(e) 
The tract shall comprise a single lot or parcel except where the site is divided by public streets or alleys or where the total property includes separate parcels for necessary utility plants, maintenance or storage facilities and the like, with appropriate access from the manufactured home park, provided that all lands involved shall be so dimensioned and related as to facilitate efficient design and management.
D. 
No lot in any manufactured home subdivision shall be occupied until all of the lots comprising the subdivision have been improved in accordance with the standards contained in this section.
E. 
The number of units permitted in the project is calculated using the gross acreage of the planned manufactured home development and is subject to the Development Guidance System (DGS).
F. 
Minimum dimension requirements.
(1) 
Setbacks. All structures shall be set back at least 75 feet from the boundary of the PMH or 100 feet from the center line of any street or road right-of-way adjoining such boundary, whichever is greater.
(2) 
Manufactured home sites. A minimum manufactured home unit site shall contain at least 4,500 square feet.
G. 
Development standards. Developments shall meet all of the applicable requirements of Regulation 10.03.23 of the Maryland State Department of Health and Mental Hygiene (HMH) governing construction, equipment, sanitation, operation and maintenance of manufactured home parks except insofar as the Planning Commission may recommend, and the Department of HMH grant, an exception permitting an alternate method which is found to implement the general intent and purpose of those regulations equally well or better. In addition, the following specific standards shall apply:
(1) 
Sewerage and water supply. No land shall be classified in the PMH Zone unless its proposed water and sewerage system is shown in the Comprehensive Water and Sewer Plan or an application for inclusion is simultaneously approved.
(2) 
Utility lines. All utility lines shall be placed underground.
(3) 
Storage facilities. In order to provide for the storage of personal effects of the residents of the manufactured home park, at least 125 cubic feet of enclosed storage space per unit shall be provided, either in an individual structure adjacent to each manufactured home stand or in a common building within 600 feet of the residential units.
(4) 
Open space. At least 25% of the tract, excluding the rights-of-way, shall be established in open space.
(5) 
Installation. Each manufactured home, together with all enclosed extensions or structural additions thereto, shall be installed upon a manufactured home stand and shall be securely anchored thereto so as to prevent the manufactured home from shifting or overturning and shall be suitably treated so as to conceal the undercarriage.
(6) 
Distances between manufactured homes. There shall be a distance of at least 20 feet between manufactured homes or enclosed extensions thereof, in order to ensure adequate light, air, safety, convenience and amenity for the residents in the development.
(7) 
Access for fire protection services. Access shall be such as to permit fire protection apparatus to approach to within 200 feet of each manufactured home.
(8) 
Setback from internal streets. No part of any manufactured home or other structure shall be located within 20 feet of any interior street.
(9) 
Setback from common areas. No part of any manufactured home stand shall be located within 10 feet of any common driveway, walk, parking area or other common area within the development.
(10) 
External street frontage. Each parcel or tract to be developed as a manufactured home community shall have frontage of at least 100 feet on an existing state or County road.
(11) 
Construction of internal streets. Streets shall be constructed in accordance with the Charles County Road Ordinance.[1] The Department of Planning and Growth shall determine all issues relative to the construction and maintenance of streets under the provisions of the Charles County Subdivision Regulations and Road Ordinance.[2]
[1]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
[2]
Editor's Note: See Ch. 278, Subdivision Regulations and Ch. 276, Streets, Roads and Sidewalks, respectively.
(12) 
Pedestrianways. Walkways shall form a logical, safe and convenient system for pedestrian access to all manufactured homes, on-site facilities and principal off-site pedestrian destinations. At a minimum, pedestrianways shall be provided connecting manufactured home sites with commercial and recreational facilities within the community. Pedestrianways shall be not less than four feet wide. In addition, sidewalks shall be provided to each manufactured home stand from a paved street, a paved driveway or paved parking space connecting to a paved street.
(13) 
Recreational areas. Not less than 8% of the total area of any manufactured home development shall be devoted to common recreational areas and facilities, such as playgrounds or community buildings. Where only one recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In developments 15 acres or larger, decentralized facilities may be provided. No recreation area shall be credited toward meeting these requirements unless it contains at least 30,000 square feet. Recreational facilities and areas shall be so located, designed and improved as to minimize traffic hazards to users and adverse effects on surrounding residential uses.
(14) 
Required buffer yards and screening.
(a) 
Approved fences, walls or vegetative screening shall be provided along the edges of PMH Zones, where needed, to protect residents from undesirable views, lighting, noise or other off-site influences or to protect occupants of adjoining residential zones from similar adverse influences within the PMH Zone. In both cases, screening shall be designed to control existing or potential adverse effects from existing or potential first-floor residential windows in the PMH Zone or adjacent residential zones. In particular, extensive off-street parking areas, service areas for loading and unloading vehicles other than passenger vehicles and service areas for storage and collection of trash and garbage shall be screened.
(b) 
At a minimum, all manufactured home parks or subdivisions shall provide a buffer yard between the park/subdivision and any land not zoned or utilized for a manufactured home park/subdivision. The buffer yard shall be in accordance with Article XXIII.
H. 
Nonconforming manufactured home parks. The manufactured home parks legally existing on the date of adoption of this chapter, namely Smitty's Trailer Park, Idlewood Trailer Park, Marshall Hall Trailer Park, Lund's Trailer Park, Gillespie's Trailer Park, Jack Blair's (Rhodes') Trailer Park and Aqualand Marina, shall be subject to the following requirements:
(1) 
Unless previously submitted, the owner of any legally existing manufactured home park shall, within 90 days of the date of adoption of this chapter, file a report, prepared under penalty of perjury, with the Zoning Officer. Said report shall be submitted under oath and shall include the following information:
(a) 
A plat of the property, prepared by a registered land surveyor, which shows the boundaries of the property used as a mobile home park on March 30, 1983, as shown on aerial photographs of Charles County as prepared by Tallamey and Associates upon the request of the County Commissioners.
(b) 
The number of manufactured home spaces.
(c) 
A list of the names and addresses of the current occupants of each manufactured home space.
(d) 
A list of the names and addresses of the current owner of each manufactured home located upon the property.
(2) 
Density of legally existing manufactured home parks.
(a) 
As of the date of the adoption of this chapter, the legally existing mobile home parks named in this subsection shall conform to a density of not more than 10 manufactured homes per acre; provided, however, that the reduction in density of legally existing manufactured home parks to a density of 10 manufactured homes per acre shall be accomplished under the provisions of Subsection H(2)(b). In the case of Aqualand Marina Mobile Home Park, the permitted density shall not exceed a total of 40 manufactured homes on the property.
(b) 
In any legally existing manufactured home park which, at the time of the adoption of this chapter, exceeds a density of 10 manufactured homes per acre, if a manufactured home which is located in the manufactured home park is moved from its space to outside the manufactured home park or if there is a change of occupancy of a manufactured home located in the manufactured home park, a lessening of the density in the manufactured home park shall occur and the density shall continue to reduce upon the happening of either of said occurrences until such time as the density is reduced to 10 manufactured homes per acre. When the density in a legally existing manufactured home park has been reduced to 10 manufactured homes per acre, that density shall not thereafter be increased.
(3) 
All such existing manufactured home parks shall comply with all state and County laws, rules, regulations and ordinances, including but not limited to those of the Health Department and fire, electrical and plumbing codes, within 18 months of the date of the adoption of Ordinance No. 84-53 (July 1, 1984);[3] provided, however, that legally existing manufactured home parks shall not be required to comply with those provisions of the County Road Ordinance and Subdivision Regulations[4] relative to the construction of streets in a manufactured home park.
[3]
Editor's Note: Ordinance No. 84-53 was an amendment to former Ch. 295, Zoning.
[4]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks and Ch. 278, Subdivision Regulations, respectively.
(4) 
At no time after the effective date of this chapter shall any of the above-named manufactured home parks have a greater number of manufactured homes located within the area of land described on the plat submitted under the requirements of Subsection H(1)(a) above than the number located on said area of land on May 3, 1984, as determined by an actual count compiled by the staff of the Charles County Planning Commission on May 3, 1984; such count shall be presumed accurate for the purposes of this subsection.
(5) 
Failure to comply with the provisions of this subsection shall effect a termination and abandonment of the manufactured home park's nonconforming use, and the permitted use of the property as a manufactured home park shall immediately terminate.
A. 
The Charles County Planning Division staff are authorized to develop and recommend for approval by the County Commissioners the master plan design and development code to guide the implementation of this article and the approval of development in the PRD, MX, PUD, TOD, PEP and WPC Zones. The design and development code shall conform to appropriate planning principles and to the purposes stated for the specific zone.
B. 
Required master plan design and development code. Applicants for planned development zones must submit a design and development code to set standards for layout and design. The design and development code shall be submitted with the application for master plan for development within a planned development zone. The design and development code shall include the following: the overall planned development design concept; standards for street, block and lot layouts; streetscape design standards; building and lot design and development standards; landscape standards for public and private spaces; and architectural design standards. The applicant shall submit either: a design and development code that is in conformance with the Zoning Ordinance Schedule of Zone Regulations and either the SDA Guidelines or design guidelines adopted by the County Commissioners for a specific area of the County, whichever is applicable; or an alternative design and development code as set forth in Subsection C below. An applicant's design and development code shall be reviewed and approved under the procedures in Subsection E below.
C. 
Alternative design and development code. As stated in § 297-103, as an alternative to using the County's Schedule of Zone Regulations for the particular planned development zone, the applicant may propose the following criteria and requirements for the project:
(1) 
Minimum yard and setback requirements;
(2) 
Lot design and development criteria, which allows development of structures to proceed with subdivision and as a minimum standard, conforms to the applicable building code requirements;
(3) 
A chart depicting the proposed development program. This development program shall be updated at each preliminary plan and/or site plan application, as applicable, and shall include the following:
(a) 
Development thresholds permitted by zoning;
(b) 
Development planned by use type;
(c) 
Mix of uses by use categories; and
(d) 
Open space calculations, for both usable and nonusable open space.
D. 
For a site adjacent to or within 1/4 mile of the area included in the Downtown Waldorf Vision Plan, the proposed design and development code for all or that portion of the proposed development within 1/4 mile shall set standards that are in general conformance with the Downtown Waldorf Design Guidelines, rather than the SDA Guidelines, so that the proposed development will be integrated into and consistent with the character desired for Downtown Waldorf.
E. 
Procedures.
(1) 
An application for a master plan for development within an existing PRD, MX, PUD, TOD, PEP or WPC Zone shall be accompanied by a design and development code, prepared by the applicant, to supplement and modify the minimum standards required in conventional subdivisions.
(2) 
Staff shall review and comment on the design and development code proposed by the applicant to ensure that it conforms to the pertinent requirements; or, if an alternative design and development code is submitted, that it otherwise meets the criteria set forth in Subsection E(4) below.
(3) 
Once a completed application is filed, the applicant shall meet with planning staff to present the development proposal, including the proposed design and development code. After the initial meeting, the applicant shall submit a revised proposal to conform to the comments or suggestions from the review staff. After submission of the revised proposal, staff shall review the proposal, after which it shall submit a final report to the Planning Commission for its review and recommendation to be included with the planned development zone application for approval by the County Commissioners.
(4) 
In approving a design and development code, the Planning Commission shall be guided by the purposes of the planned development zone, the orderly development of the existing PRD, MX, PUD, TOD, PEP or WPC Zone and the other provisions of this article.
(5) 
As part of the planned development zone application, the Planning Director may approve administratively minor changes to an applicant's approved alternative design and development code.
A. 
Purpose. It is the purpose of the Transit Oriented Development (TOD) Zone to establish standards for the implementation of the Comprehensive Plan recommendations for master-planned developments which will promote the integrated development of high-density transit-oriented development along major transportation arteries where transit opportunities exist and in the vicinity of existing or planned transit stops in a manner that will support existing or future public transportation systems. Additional purposes of this zone are:
(1) 
To integrate high-density residential, commercial, industrial, recreation and/or institutional uses into a community designed around a transit-oriented theme.
(2) 
To provide a more flexible approach to the development of land situated adjacent to existing or future public transportation corridors and/or systems.
(3) 
To implement the Comprehensive Plan and other County plans and policies in a manner and to a degree more closely compatible with said County plans and policies than is possible under base zones.
(4) 
To encourage the reduction of trips and travel time between home and the workplace by developing a community that is transit-supportive and pedestrian-friendly.
(5) 
To encourage the effective and viable use of public transit and other major transportation systems.
(6) 
To provide appropriate treatment of historic structures, sites and vistas, as reflected in the Comprehensive Plan.
(7) 
To provide for the expansion or relocation of existing County businesses and to enhance the County's tourism industry.
(8) 
To reduce traffic congestion by encouraging the use of mass transit, public transportation, park-and-ride facilities and other major transportation systems, etc.
(9) 
To require the orderly, staged construction of comprehensively planned, multiuse centers at locations consistent with the Comprehensive Plan.
(10) 
To ensure that the development is architecturally integrated by requiring an internal policy mechanism, such as a design code.
(11) 
To provide, where appropriate, a wider variety of housing types integrated into the overall multiuse project as a method of directing growth within appropriate areas and reducing urban sprawl within rural areas.
(12) 
To ensure internal compatibility of residential and nonresidential uses through superior design and successful integration of complementary uses, including residential, commercial, recreational, employment and institutional.
(13) 
To encourage high-density residential and high-intensity commercial development within existing urban core areas where necessary public infrastructure exists or is readily available.
(14) 
To foster prosperous and viable communities, including commercial, residential, and mixed-use components, that are of an enhanced design and structural quality which will result in property values that will be sustained over time.
(15) 
To create economic development through business retention and attraction of predominantly high-paying career opportunities with limited retail development.
(16) 
To conform to design principles that are compatible with urban, mixed-use areas, including:
(a) 
Development of an attractive, pedestrian-friendly built environment;
(b) 
Establishment of design standards that will result in superior architecture and site design; and
(c) 
Incorporation of lands for public and private parks, landscape amenities and open space for a range of activities.
B. 
Compatibility requirement. In addition to the buffer yard requirements of § 297-370 of Article XXII, uses and structures located on the periphery of a TOD Zone shall be compatible with planned uses in the surrounding area.
C. 
The required minimum area shall be 10 acres.
D. 
All TOD Zone applications must be predominantly contained inside or within 1/4 mile of the "urban core" as defined in the Charles County Comprehensive Plan.
E. 
Where applicable, a TOD Zone application must show how it will implement and be integrated with the detailed proposals for land use, road network, infrastructure and design established in subarea plans, vision plans and design guidelines adopted by the County Commissioners.
F. 
The maximum number of dwelling units permitted in the project is determined using the gross tract area of the TOD Zone and the density ranges established in Figure V-1 (maximum residential densities) in Article V.[1] A maximum density shall only be achieved through the purchase of transferable development rights.
[1]
Editor's Note: Figure V-1 is included as an attachment to this chapter.
G. 
Nonresidential intensity (square feet) shall be proposed in conjunction with the master plan and considered with the general public facilities impact mitigation report required to be submitted with planned development rezoning applications. A maximum intensity shall be established on the gross tract area of the entire TOP Zone as part of the master plan approval. A floor area ratio (FAR) may be provided in conjunction with the proposed square footage in the design and development code.
H. 
Use distribution. Development within a TOD Zone may incorporate residential, commercial retail/office and institutional/civic uses (see Figure IV-1, Table of Permissible Uses, for a comprehensive list of uses).[2] Projects shall be approved through the planned development zone process in accordance with the criteria set forth below:
Required Percentage Mix of Uses for Residential, Commercial Retail/Office, and Institutional/Civic
Uses
Percentage of Development as Measured in Square Feet
Residential
Maximum
65%
Minimum
20%
Commercial, retail
Maximum
30%
Minimum
10%
Commercial, office
Maximum
30%
Minimum
20%
Institutional and/or civic
Maximum
10%
Minimum
5%
[2]
Editor's Note: Figure IV-1 is included as an attachment to this chapter.
I. 
A minimum of 10% of the gross tract area of the TOD Zone shall be open space. A minimum of 50% of this total open space shall be usable open space. Usable open space shall be counted as part of the required minimum open space. Usable open space shall include on-site landscaped areas, community open space, and land dedicated for County parkland, and shall allow for human activities of relaxation, recreation and social activity. Usable open space shall not include areas statutorily excluded from development such as jurisdictional wetlands, forest stands and buffer yards. The distribution of major open space areas, major stream corridors, proposed County parks and other key features shall be shown on the master plan graphic and typical designs.
J. 
The applicant must demonstrate that the TOD Zone can substantially meet the purposes stated in Subsection A above and that the location of the zone can feasibly be accessed by users of existing or potential mass transportation systems.