SUMMARY OF REVISIONS DRAFT SNOW HILL ZONING CODE Version 11-03-15 Section Title Article I. General Provisions § 200-2. Authority. Authority § 200-6. Conformity with Chapter Provisions. § 200-7. Article II. Definitions § 200-9. Severability. Terms defined. ADAPTIVE REUSE ARTISAN SHOP BED-AND-BREAKFAST ESTABLISHMENT BLOCK FACE BUILD-TO LINE CARPORT FENCE FENCE HEIGHT GARAGE SALES GROUP HOME HOME OCCUPATION LIVE/WORK UNIT LOT OF RECORD LOT, CORNER LOT, FRONT OF LOT LINE, REAR Page 1 Description of Amendment Cites State enabling authority for local zoning. Adds new section specifying development activities that must be in compliance with the provisions of the code. New section that declares that if any part of the code is found to be illegal such finding does not invalidate the remainder of the code. The following definitions were added to the code. Term used in§ 200-16 CR Community Redevelopment Overlay Zone. New permitted use. Standards for use included in old definition deleted and moved to § 200-63. Term used in§ 200-16 CR Community Redevelopment Overlay Zone. Term introduced in § 200-93.C. Pertinent definition to interpretation of the provisions of § 200-93.A. Definition for interpretation of the provisions of § 200-94. Definition for interpretation of the provisions of § 200-94. Definition for interpretation of the provisions of § 200-86. Definition deleted. Regulated in § 200-71. Group domiciliary care facility. Standards included in old definition deleted. Replaced in § 200-74. New definition New definition New definition. New definition. New definition. Section Title LOT LINE, SIDE LOT, PARCEL OR LAND AREA LOTS, THROUGH MEDICAL CANNABIS MIXED-USE BUILDING PLOT PLAN SWIMMING POOL YARD, FRONT YARD, REAR YARD, SIDE Article III. Designation of Districts § 200-10. Enumeration of districts. § 200-10.B. Base Zoning Districts. § 200-10.C. § 200-10.D. § 200-11. Overlay Zoning Districts Floating Zones. Purpose of District § 200-11.A.(6) § 200-11.B. (3) Base Zoning Districts. Overlay Zoning Districts § 200-12.A. Official Zoning Map and Interpretation of district boundaries. § 200-13. Replacement of Official Zoning Maps. Article IV. Overlay and Floating Zone Districts. Part 1 Overlay Zone Districts Page 2 Description of Amendment New definition. New definition. New definition. New Definition. New Definition. Definition for interpretation of the provisions of § 200-21. Refers to International Residential Code for definition. New definition. New definition. New definition. Divides list of districts into base zoning districts, overlay zoning districts and floating zoning districts. Deleted the RFD Riverfront Development District. Adds a new HC Highway Commercial district. Deletes RFD Riverfront Development District, moves FP Floodplain District to § 200-10.C. Overlay Zoning Districts. Moves PDD Planned Development District to § 200-10.D. Floating Zones. Adds a new CR Community Redevelopment Overlay district. Lists floating zones. i.e., PDD planned development district Reorganizes statements of district purpose by base zoning district (A), overlay districts (B) and floating zones (C). Adds purpose statement for HC Highway Commercial district. Adds purpose statement for CR Community Redevelopment overlay district. Describes “official zoning map” and relates it to a code citation. Outlines procedure for replacing the official zoning map. Divides Article IV into two parts: Part 1 overlay zones and Part 2 Section Title § 200-14.A.(1) § 200-14.A.(2) H Historic District. H Historic District. § 200-14.B Definitions § 200-15.C and D. FP Floodplain District. § 200-16. Part 2 § 200-17.A. (1). CR Community Redevelopment Overlay District. PDD Planned Development Floating Zone. Location and area requirements. § 200-17.A. (2). Location and area requirements. § 200-17.B. Permitted uses and structures. § 200-17.C.(2) Area limitations for uses. § 200-17.C.(2)(e) Area limitations for uses. § 200-17.C.(3) Commercial uses the PDD § 200-17.D. § 200-17.D.(1) Regulating Plan. Page 3 Description of Amendment floating zones. Corrects reference to State enabling legislation for historic districts. References the official zoning map as the source for the Snow Hill historic district boundaries. Adds definitions of Contributing Building, Contributing Site, and Contributing Structure Deletes all reference to specific standards and information requirements and cites Chapter 89 as the source for these requirements. Adds provisions for this new overlay district. Adds a new subsection to Article IV for the PDD floating zone. Deletes reference to R-2, R-3, B-1 and B-2 districts limiting where a PDD may be approved to the R-1 district. Increases the minimum land area size eligible for the PDD classification from 10 acres to 25 acres. Deletes the list of permitted uses and structures. References § 200-53 the new table of permitted use for allowable uses. Specifies the Mayor and Council may allow additional principal and accessory uses of the same general character as the uses listed in § 200-53. Makes clear that the minimum 30 percent open space requirement is measured based “gross site area”. Adds types of active and passive recreation areas including central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above. Establishes the eligibility requirements for commercial uses in the PDD. Includes formula for computing allowable commercial floor area. Set conditions under which commercial space may be constructed. Replaces section D. Requires the PDD include a range of complementary environments consisting of up to four (4) use areas: Single-Family Residential Areas Section Title § 200-18. PDD Planned Development District Review and approval procedure. § 200-18.A. and B. PDD Planned Development District Review and approval procedure. § 200-18. B. (10) PDD Planned Development District Review and approval procedure. § 200-18. C. (4) PDD Planned Development District Review and approval procedure. Article V. Administration and Enforcement. § 200-22. Site Plan Review. § 200-24. Violations and penalties. § 200-28. Administrative variances. Article VI. Board of Appeals § 200-31.D. Hearings. § 200-33.D. Powers. Article VII. Nonconforming uses and structures. § 200-35.A. Expansion of nonconforming buildings, structures or uses. Page 4 Description of Amendment (SRA), Central Residential Areas (CRA), Neighborhood Center Areas (NCA), and Conservation Areas (CA). At a minimum, a planned neighborhood must contain both a SRA and a CA. Specifies an allowable density range for each of these use areas. Replaces all reference to “Plan Review Committee” with Technical Advisory Committee (TAC). Requires a listing of all permitted use and structures consistent with § 200-53. Replaces Code Enforcement Officer for Department of Planning. Revised provisions concerning expiration of site plans in an approved PDD. Adds new section outlining requirements for site plans and review procedures. Section B thru I add enforcement provisions and procedures prescribed in State law for municipal infractions. Establishes the authority, limitations and procedures for the Code Enforcement Officer to grant an administrative variance in and out of the Critical Area. Changes the time notice of hearing on applications or appeals from 10 to 14 days' notice and requires notice appear in a newspaper of general circulation in the community once each week for 2 successive weeks. Modifies the provisions of the old § 200-103C to allows the Board of Appeals to permit a temporary use for more than 12 months when the Board finds that the temporary use is solely dedicated to performing a service that is in the public interest. Adds an administrative variance of a minor expansion of a nonconforming use may be permitted by the Code Enforcement Section Title § 200-35.G. Expansion of nonconforming buildings, structures or uses. Article VIII. Permitted Uses. § 200-39. Use of the designations P, PC, SE and SC in the table of permissible uses. § 200-40.A thru C. Use categories. § 200-40.D. Determination of use categories and subcategories. § 200-41. Residential use category. § 200-41.A(10) Mixed-use building, residential § 200-42. Public, civic and institutional use category. § 200-43. Commercial use category. § 200-44. Wholesale, distribution & storage use category. Page 5 Description of Amendment Officer as provided in § 200-28. Adds section that states all expansions of nonconforming buildings, structures and uses in the Critical Area are subject to provisions of Chapter 72, Critical Area Ordinance. The section replaces the permitted uses listed with each zoning district on the old zoning code and puts them together in a tabular format. Describes the types of permitted use: "P" permissible use; "PC" permitted with conditions met; "SC" special exception with conditions; "SE" means a special exception permit must be obtained from the Board of Appeals. Describes broad use and sub use categories and specific use types as guidance for interpreting the permitted uses table. Establishes the authority and criteria for interpreting the use categories. Describes the residential use categories including household living and group living/quarters. Describes a residential category that is located in a commercial building. Describes a category that includes cemetery, college or university, community center, fraternal organization, governmental facility, hospital, library, natural resources preservation, parks and recreation, religious assembly, safety service, utilities and public service facility and wireless telecommunications. Describes a category that includes adult entertainment establishment, animal service, assembly and entertainment, broadcast or recording studio, commercial service, day care, eating and drinking establishments, financial service, funeral and mortuary service, lodging, office, non-accessory parking, retail sales, self-service storage, studio, instructional or trade school and vehicle sales and service uses. Describes a category that includes equipment and materials storage, outdoor, contractor's shop, fuel, grain storage, trucking and Section Title § 200-45. Industrial use category. § 200-46. Recycling use category. § 200-47. Agricultural use category. § 200-47. B(1) Agricultural use category. § 200-48. Other use category. § 200-49. § 200-50. § 200-51. § 200-52. § 200-53. Accessory use category. Accessory uses regulations. No more than one principal structure on a lot. Permissible uses not requiring permits. Permissible Uses Tables. § 200-53. Permissible Uses Tables. Article IX. Supplemental Use Regulations. § 200-56. Accessory apartment, commercial. § 200-57. Accessory dwelling units. § 200-58.A Agriculture, crop production. Page 6 Description of Amendment transportation terminal, warehouse and wholesale sales and distribution uses. Describes a category that includes artisan industrial, limited industrial, general, intensive industrial, junk or salvage and fuel storage uses. Describes a category that includes recyclable material drop-off facilities and recyclable material processing uses. Describes a category that includes agriculture, animal production, agriculture, crop production, agriculture, buildings and structures, community garden and indoor plant cultivation uses. Describes a unique form of crop production, medical cannabis – growing any product containing usable cannabis or medical cannabis finished product. Describes a category that includes drive-in or drive-through facility, temporary uses and heliport. Describes the accessory use category. Establishes standards for determination of allowable accessory uses. Limits number of principal structures on a lot and lists exceptions. Lists permitted uses not requiring a permit, e.g., essential services. Lists permissible uses and special exception uses by zoning district. Includes reference to any applicable supplement use regulations. Adds mixed-use building, residential as a permitted use in the B-1, B2, HC and PDD districts. This article assembles use regulations from the current zoning code and adds new regulations for some uses. This section includes existing use standard for accessory apartments in the B-1 district (see § 200-34 H) and adds accessory apartments as a permitted use in the B-2 district subject to the same conditions. Adds conditions for approval of an accessory dwelling unit in the R-1 and R-2 districts. Establishes the minimum land area needed to permit crop production in the R-1 and R-2 districts. Section § 200-58.B Title Agriculture, crop production. § 200-59. § 200-61. § 200-62. Alternative energy facilities, wind energy conversion systems. Antennas, towers and telecommunications uses. Continuing care retirement communities. § 200-63. Bed and breakfast. § 200-64. Boarding and rooming. § 200-65. Cemeteries. § 200-66. Contractor’s shop. § 200-67. Day care center. § 200-68. Day care home. § 200-69. Fuel storage. Page 7 Description of Amendment Adds conditions by which the Board of Appeals may allow growing of any product containing usable cannabis or medical cannabis finished product. Incorporates standards for these uses from existing zoning code (see current § 200-92.3). Adds standards applicable to these uses. Adds provisions by which the Board of Appeals can allow continuing care retirement communities in the R-2 and R-3 districts and by which such uses area permitted in the B-2 and HC districts. Incorporates the conditions by which the Planning Commission can permit a bed and breakfast in the R-1 and R-2 districts (see current § 200-6). Incorporates provisions from existing zoning code for accessory use in the R-1 and R-2 districts. Incorporates provisions from existing zoning code by which the Board of Appeals can permit a cemetery use (see current § 200-88.1). Incorporates provisions from the existing zoning code by which the Board of Appeals can permit a contractor’s shop in the B-1 and B-2 districts (see current § 200-35 and § 200-47). Incorporates provisions from the existing zoning code under which the Board of Appeals can permit a day center in R-2 and R-3 districts and adds the use as a special exception in the R-1 district (see current § 200-18 and see § 200-24). Adds a family day care home use as an accessory use in the R-1, R-2 and R-3 district subject to conditions. Modify regulations for fuel storage from existing zoning code (see current § 200-62.A and § 200-92.1). Permit fuel storage of less than 500 gallons as an accessory use in all districts. Permit fuel storage of less than 2,000 gallons in the M-1 and M-2 districts. Permit fuel storage in excess of 2,000 gallons as a special exception use in the M1 and M-2 districts. Permit underground fuel storage for fueling stations subject to site plan approval. Section § 200-70. Title Funeral and mortuary establishments. § 200-71. Group domiciliary care facility. § 200-72. HC Highway Commercial District design standards. § 200-73. § 200-74. Heliports. Home occupation. § 200-75. Limited industrial. § 200-76. Mini storage facilities. § 200-77. § 200-78. Multi-family dwellings. Mixed-use building, residential. § 200-79. § 200-80. Portable storage containers, roll-off trash containers. Private recreational uses. § 200-81. § 200-82. § 200-83. § 200-84. A Satellite earth station, satellite dish. Storage in bulk. Tattoo establishments. Temporary use, emergency. Page 8 Description of Amendment Incorporates regulations by which the Board of Appeals can permit funeral and mortuary services R-2, R-3 (see current § 200-18 and § 200-24). Adds regulations for funeral and mortuary services in the B-2 district. Retitled “group home”. Incorporates standards for group homes from existing zoning code (see current § 200-6). Adds design standards for the new HC Highway Commercial district. References Worcester County Design Guidelines and Standards for Commercial Uses. Adds standards by which the Board of Appeals may permit this use. Adds standards for home occupations in R-1, R-2 and R-3 districts. Modifies standards in existing zoning code (see current § 200-6). Retitles light industrial to limited industrial. Incorporates standards by which the Board of Appeals can permit the use in the B-2 district. Incorporates standards for mini storage facilities in the M-1 and M-2 districts. Adds HC District as an allowable location. Adds standards for multifamily dwellings. Establishes standards for residential units mixed in with commercial buildings. Adds regulations for these uses. Incorporates existing regulations for these uses (see current § 20089). Adds standards regulating these uses. Incorporates standards for bulk storage in the M-1 district. Adds standards regulating these uses. Incorporate provisions from existing zoning code whereby the Board of Appeals may authorize the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this chapter for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of substantial buildings (see current § 200-103). Section § 200-84. B Title Temporary use, construction. § 200-84. C Temporary use, sales. § 200-85. Townhouses. § 200-86. Yard or garage sale. Article X. Bulk Regulations § 200-90.A. § 200-90.B. § 200-90.C. Height regulations. Height regulations. Height regulations. § 200-91.A § 200-91.B § 200-91.C § 200-92.A and B. § 200-93.A Lot requirements. Required yards not to be reduced. Lots used in combination. Minimum lot frontage. Yard setback modifications.. § 200-93.B. § 200-93.C. Yard setback modifications. Yard setback modifications. Page 9 Description of Amendment Add provisions that permit temporary buildings and structures, including trailers for uses incidental to construction work on the premises provided the units are removed upon the completion or discontinuance of construction. And no person sleeps or resides in such buildings while so used. Adds provisions that allow the Planning Commission to permit one trailer, or the use of one building as a temporary field or sales office in connection with building development. Adds provisions regulating townhouse development. Adds provisions regulating these uses. These regulations are located in each zoning district article in the current zoning code. All applicable standards regulating height, area and bulk are included in text and a table in this article. The table incorporates most of the standards in the existing zoning code but modifies some regulations. Incorporates § 200-80 from the existing zoning code. Incorporates § 200-57 and § 200-64 from the existing zoning code. This is a new section that allows the Planning Commission to increase the maximum height limit for principal and accessory structures where the additional height is necessitated by compliance with the Town’s Floodplain regulations. Incorporates § 200-81 from the existing zoning code. Incorporates § 200-81 from the existing zoning code. Incorporates § 200-81 from the existing zoning code. Incorporates § 200-81.1 from the existing zoning code. Incorporates § 200-82A from the existing zoning code and adds new provisions for what structures may encroach into required yards. Incorporate § 200-82 from the existing zoning code. Adds provisions for establishing an average front yard setback line and allows the Planning Commission to require structures be located at a build-to line. Section § 200-94. § 200-95. Title Fences and walls. Corner visibility zone. § 200-96. § 200-97. Lots of record in residential districts. Accessory structures in residential districts. § 200-98. § 200-99. Accessory structures in nonresidential districts. Table of Height, Area and Bulk Requirements. Article XI. Off-Street Parking, Loading and Unloading § 200-101. A. § 200-101. B. General Regulations. General Regulations. § 200-101. C. § 200-101. D. § 200-101. E. § 200-102. General Regulations. General Regulations. General Regulations. Applicability. § 200-103. § 200-104. A thru E. Minimum Required Parking Ratios. Calculation of Required Parking. § 200-104. F Calculation of Required Parking. § 200-105. Unlisted uses and establishment of other parking ratios. Parking exemptions and reductions. § 200-106. A. Page 10 Description of Amendment Modifies § 280-83 from the existing zoning code. Modifies § 280-84 from the existing zoning code. Allows the Code Enforcement Officer to modify the requirements of this section. Modifies § 280-85 from the existing zoning code. Changes setback requirements for assessor structures at least three (3) feet from a side lot line and five (5) feet from a rear lot line. Adds provisions for accessory structures in nonresidential districts. Adds a table that sets forth minimum standards for lot area, lot area per dwelling unit, lot width, front yard setback, side yard setback, rear yard setback and maximum height for each zoning district. Reduces front yard setback in the R-1 district from 30 feet to 20 feet, and in the R-2 district from 25 feet to 15 feet. Adds a new article that incorporates parking requirements from the existing zoning code and adds new requirements. See current § 280-72.A of the existing zoning code. Modifies current § 280-72.B of the existing zoning code to reduce the minimum length of a parking space from 20 feet to 18 feet. See § 280-72C of the existing zoning code. See § 280-72.D of the existing zoning code. See § 280-72.E of the existing zoning code. Adds provisions for how parking standards are applied to new uses and development, enlargements and expansions, change of use and existing parking. New Table 103.1 summarizes minimum parking requirement by use. Sets out the rules that apply when calculating the required number of off-street parking spaces. Adds flexibility - the Planning Commission may allow deviations from the parking requirements set forth herein. Adds provisions for determining parking requirements for unlisted uses. Exempts the B-1 district from parking requirements. Section § 200-106. A. § 200-107. Title Parking exemptions and reductions. Location of off-street parking. § 200-108. Use of off-street parking areas. § 200-109. § 200-110. Parking of recreational vehicles and equipment. Parking area design. § 200-111. § 200-112. Accessible parking for people with disabilities. Drive-through and drive-in facilities. § 200-113. Off-street loading. Article XII. Landscaping, Lighting and Environmental Standards. § 200-116. Purpose. § 200-117. Parking Lot Perimeter Landscaping. § 200-118. Parking lot interior landscaping. § 200-119. Screening. § 200-120. § 200-121. § 200-122. Landscape plans. Landscape material and design. Alternative compliance. § 200-123. Street trees. § 200-124. Lighting requirements. Page 11 Description of Amendment Adds standards for shared parking. Adds standards for parking location including setbacks and provisions for off-site parking. Adds provisions that prohibit use of parking spaces for sale of vehicles and vehicle repair. Adds standards for parking recreational vehicles and equipment. Adds standards for the design of parking facilities including tandem and valet parking arrangements, stall sizes and parking lot geometrics, striping, surfacing, wheel stops, curb and gutter, landscaping, lighting, and access. Adds minimum standards for handicapped parking. Adds standards for drive-through and drive-in facilities including stacking spaces, lane dimensions, setbacks and noise attenuation. Adds standards for off-street loading spaces. This article adds minimum landscape standards to the zoning code. Outlines the public purposes for landscape standards. Adds standards for landscaping parking lot perimeters. Adds standards for landscaping the interior of parking lots. Adds standards for screening refuse/recycling containers, mechanical equipment, and outdoor storage of materials, supplies and equipment. Adds requirements for landscape plans. Adds standards for plant materials, installation and maintenance. Adds provisions that allow the Planning Commission to accept alternative landscape plans where site conditions warrant. Adds requirements for street trees along both sides of all streets in a residential subdivision and along both sides of new internal streets in new commercial developments. Adds standards for all lighting, including exterior lights, signs, building lighting, parking lot lighting, streetlights and lighting necessary for the safety and protection of property, Section § 200-125. Article XIII Signs § 200-131. E. § 200-131. J. § 200-131. K. § 200-131.M. Title Sensitive areas protection standards. Description of Amendment Adds standards for protection of sensitive environmental areas including wetland, streams and the habitat of threatened or endangered species or species in need of conservation; forest areas utilized as breeding areas by future interior dwelling birds and other wildlife species; and Natural Heritage Areas. Signs by type permitted after issuance of sign permit. Signs by type permitted after issuance of sign permit. Signs by type permitted after issuance of sign permit. Signs by type permitted after issuance of sign permit. Increased the maximum size of monument signs from 24 to 32 square feet. Added the HC Highway Commercial district as a location where electronic message centers may be permitted Added the HC Highway Commercial district as a location where shopping center identification signs may be permitted. Added the HC Highway Commercial district as a location where pole signs may be permitted. Limit height to 30 feet and requires site plan approval. Article VIV. Amendments. § 200-134.C. Procedure before Planning Commission. § 200-134.D. Action by the Mayor and Council. § 200-134.E. Amendments. Article XV Developer’s rights and responsibility agreement. Page 12 Changes the public hearing notice requirement from 15 days prior to the hearing to 14 days. Requires publishing the time, place and nature of the hearing in a newspaper having general circulation in the Town once each week for 2 successive weeks. Changes the time required for the Mayor and Council public hearing notice from 10 days 14 days. Require notice include the time and place of the public hearing, together with a summary of the proposed zoning regulation or boundary and requires notice appear in at least one newspaper of general circulation in Snow Hill once each week for 2 successive weeks with the first notice of the hearing appearing at least 14 days before the hearing. Delete required findings from existing code and added required findings from the Land Use Article. Revised the reference to Section 13.01 of Article 66B of the Annotated Code of Maryland to read Land Use Article, Title 7, Subtitle Section Title Appendix A Basic Information Required On Site Plan Permit Applications Page 13 Description of Amendment 3 (Development Rights and Responsibilities Agreements) of the Annotated Code of Maryland. Referred to in § 200-22. Lists the minimum information requirements for minor, preliminary and final site plans.