Chapter 170 Zoning

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Chapter 170 Zoning Ch 170 Art I General Provisions Ch 170 Art II Nonconforming Lots, Uses And Structures Ch 170 Art III District Regulations Ch 170 Art IIIA Critical Areas Ch 170 Art IV Supplemental Zone Regulations Ch 170 Art V Administration Ch 170 Art VI Appeals Ch 170 Art VII Fees; Amendments Ch 170 Art VIII Enforcement Ch 170 Art IX Definitions ATTACHMENTS [HISTORY: Adopted by the Town Council of Centreville 2-14-1991 by Ord. No. 615. Amendments noted where applicable.] GENERAL REFERENCES Authority to zone — See Charter Section 301(b)(54). Planning and Zoning Commission — See Ch. 20, Art. I. Building construction — See Ch. 28. Floodplain management — See Ch. 66. Forest conservation — See Ch. 69. Stormwater management — See Ch. 132. Subdivision regulations — See Ch. 138. Trees — See Ch. 145. Waterfront properties — See Ch. 164. Ch 170 Art I General Provisions 170-1 Official Zoning Map 170-2 Replacement Of Official Zoning Map 170-3 Official Critical Area Overlay District Map And Provisions 170-4 Floating Zones 170-5 Rules For Interpretation Of Zone Boundaries 170-6 Application Of Zone Regulations 170-1 Official Zoning Map The incorporated areas of the Town are hereby divided into zones, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. 1 The Official Zoning Map shall be identified by the signature of the Town Council attested by the Town Clerk, and bearing the seal of the Town under the following words: "This is to certify that this is the Official Zoning Map referred to in § 170-1 of the Zoning Ordinance of the Town of Centreville, Maryland," together with date of the adoption of this chapter. If, in accordance with the provisions of this chapter and Article 66B, § 1.00 et seq., Annotated Code of Maryland, changes are made in zone boundaries or other matters portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by the Town Council, together with an entry on the Official Zoning Map as follows: "On (date), by official action of the Town Council, the following (change or changes) were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the Town Council and attested by the Town Clerk. The amending ordinance shall provide that such changes or amendments shall not become effective until after such changes and entry have been made on said map. No changes of any nature shall be made in the Official Zoning Map except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under § 170-68 of this chapter. Regardless of the existence of purported copies of the Official Zoning Map, which may from time to time be made or published, the Official Zoning Map which shall be located in the Town Hall shall be the final authority as the current zoning status of land and water areas, buildings, and other structures in the Town. 1 Editor's Note: The Official Zoning Map is included as an attachment to this chapter. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-2 Replacement Of Official Zoning Map In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The Planning and Zoning Commission shall certify as to the accuracy of the new Official Zoning Map prior to its adoption by the Town Council. The Official Zoning Map shall be identified by the signatures of the Town Council attested by the Town Clerk, and bearing the seal of the Town. 170-3 Official Critical Area Overlay District Map And Provisions Official Critical Area Overlay District Map shall be prepared and maintained in force as part of the Official Zoning Map of the Town of Centreville. They shall delineate the extent of the Critical Area Overlay District (O) wherein special regulations, applicable only to the Critical Area District, shall apply in addition to other provisions of this chapter. In the event of inconsistency between the provisions of the Critical Area Overlay Zone provisions and the provisions established elsewhere in this chapter, the more restrictive or stringent provisions shall apply. The Critical Area Overlay District shall correspond to the Chesapeake Bay Critical Area. The Critical Area Overlay District shall include all lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include: All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the state wetlands maps, and all state and private wetlands designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland. All lands and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article, Annotate of Maryland. Modification to these areas through inclusion or exclusion proposed by the Town of Centreville and approved by the Chesapeake Bay Critical Area Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. All land in the Critical Area Overlay District shall be assigned a land use management classification, as designated in the Centreville Critical Area Program, which shall appear on the Critical Area Overlay District Map. Within the designated Critical Area, all land shall be assigned one of the following land use management classifications: Intensely Developed Area (IDA). Limited Development Area (LDA). Resource Conservation Area (RCA). 170-4 Floating Zones Purpose. Floating zones are zones which have areas designated for them in the Centreville Comprehensive Plan, but which are not mapped out in detail at the time of adoption of the most recent comprehensive revision to the Centreville Zoning Ordinance. The purpose of the designated floating zones is to permit the mapping of areas for land uses that require little land area over the next 20 years. The designated floating zone provides a mechanism for the establishment of the district in appropriate areas, limiting the areas to be zoned and setting conditions that must be met by any development proposal seeking such a designation. Further, the procedure is two-stage so that the initial costs are not prohibitive. Designation of floating zones: The following Special Zoning Districts are designated as floating zones: Planned Redevelopment Area District (PRA). Planned Unit Development District (PUD). Planned Business Development District (PBD). Growth Allocation District (Critical Area) (GA). The Town Council and Planning and Zoning Commission find that they are not able to locate these areas with precision in advance, and that it is desirable to leave specific locations and conditions for future determination as the Town grows and specific needs develop. 170-5 Rules For Interpretation Of Zone Boundaries Where uncertainty exists as to the boundaries of zones as shown on the Official Zoning Map, the following rules shall apply: Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. Boundaries indicated as approximately following Town limits shall be construed as following Town limits. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. Boundaries indicated as following shore lines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shorelines; boundaries indicated as approximately following the center of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed; however, distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Where a lot is divided by one or more zone boundary lines, each of said divisions of the lot shall be subjected to the regulations of the district in which it is located. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through G above, the Board of Appeals shall interpret the zone boundaries. 170-6 Application Of Zone Regulations The regulations set by this chapter within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided: No building, structure, or land shall hereinafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered externally, unless in conformity with all the regulations herein specified for the zone in which it is located. No building or other structure shall hereafter be erected or altered: To exceed the height; To accommodate or house a greater number of families; To occupy a greater percentage of lot area; To have narrower or smaller rear yards, front yards, side yards, or other open spaces, than herein required; or In any other manner contrary to the provisions of this chapter. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, off-street parking or loading space similarly required for any other building. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter. Ch 170 Art II Nonconforming Lots, Uses And Structures 170-7 Intent 170-8 Continuation 170-9 Buildings On Which Actual Construction Has Begun 170-10 Nonconforming Lots Of Record 170-11 Nonconforming Lots Of Record In The Critical Area Overlay District 170-12 Nonconforming Uses Of Land 170-13 Nonconforming Structures 170-14 Nonconforming Uses Of Structures 170-15 Elimination Of Junkyards And Nonconforming Off-Site Signs 170-16 Repairs And Maintenance 170-17 Special Permit Uses Not Considered Nonconforming 170-7 Intent This chapter establishes separate districts, each of which is an appropriate area for the location of the uses that are permitted in that district. It is necessary and consistent with the establishment of those districts that nonconforming buildings, structures, and uses substantially and adversely affecting the orderly development and taxable value of other property in the district be permitted to continue only with restrictions as herein contained. The purpose of this article is to provide for the restriction of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue. 170-8 Continuation Any nonconforming building, structure, or uses that existed lawfully at the time of the adoption of this chapter and that remains nonconforming and any such building, structure, or use that shall become nonconforming upon the adoption of this chapter or of any subsequent amendments thereto may be continued consistent with current regulations. 170-9 Buildings On Which Actual Construction Has Begun To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. 170-10 Nonconforming Lots Of Record In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone, provided that yard dimensions shall conform to the regulations for the zone in which such lot is located. 170-11 Nonconforming Lots Of Record In The Critical Area Overlay District A single lot or parcel of land in the Critical Area Overlay District that was legally recorded as of August 3, 1989, may be developed with a single-family dwelling and customary accessory building, if the dwelling was not already placed there, notwithstanding that such development may be inconsistent with the density provisions contained in § 170-31.4. This provision shall only apply as follows: Any lot on which development activity has legally progressed to the point of pouring foundation footing or installation of structural members, prior to August 3, 1989, will be permitted to complete construction as per existing development approvals. Any legal parcel of land not being part of a recorded subdivision, that was recorded as of December 1, 1985, and that was subdivided into recorded, legally buildable lots, where the subdivision received Town or county final approval prior to June 1, 1984, provided that: Lots not individually owned are reconfigured so as to permit compliance with the Buffer requirements; and Any development of such lands complies "insofar as possible" with the provisions of the Critical Area Overlay District as determined by the Centreville Planning and Zoning Commission. Land that was subdivided into recorded, legally buildable lots, where the subdivision received Town or county final approval between June 1, 1984, and December 1, 1985; and Land that was subdivided into recorded, legally buildable lots, where the subdivision received Town or county final approval after December 1, 1985, provided that either any such land conforms to the provisions of the Critical Area Overlay District or the area of land is counted by the Town against the growth allocation permitted under COMAR 27.01.02.06. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-12 Nonconforming Uses Of Land Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, subject to the provisions of § 170-14, so long as it remains otherwise lawful. 170-13 Nonconforming Structures Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or by other characteristics of the structure or its location on the lot, such use may be continued subject to § 170-14, so long as it remains otherwise lawful. 170-14 Nonconforming Uses Of Structures If a lawful use of a structure and premises, in combination, exists prior to the effective date of adoption or amendment of this chapter that would not be allowed in the zone under the terms of this chapter, the use may be continued so long as it remains otherwise lawful, subject to the following provisions: Conformance required. Except as hereinafter specified no land, building, structure, or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted, or altered except in conformity with the regulations herein specified for the district in which it is located. Continuing existing uses. Except as provided herein, any lawful use, building, or structure existing at the time of the enactment of this chapter (including seasonal use) may be continued, even though such use, building, or structure may not conform with the provisions of this chapter for the district in which it is located. Nonconforming uses. No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, substituted, or structurally altered unless the use thereof is changed to a use permitted in the district in which such building or premises is located except as follows. Substitution. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to a less restricted use. When authorized by the Board of Appeals according to the provisions of §§ 170-58 and 170-59 of this chapter, a nonconforming use of land may be changed to another nonconforming use, or a nonconforming use of a building may be changed to one of a less restricted classification. Discontinuance of a nonconforming use. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed. Any subsequent use of the building, structure, or premises shall conform to the uses permitted in the zoning district. Extensions. A building devoted to a nonconforming use may be completed or extended, and other buildings may be erected in addition thereto, for uses necessary and incidental to the continuation of the existing use, provided that such additions and extensions are located on the same premises or on an adjoining premises that were under the same ownership on the date such building became nonconforming, and provided that the floor areas of all such additions and extensions shall not exceed, in the aggregate, 50% of the floor area of the existing building devoted to a nonconforming use. The expansion or redevelopment of existing structures and other development in the Modified Buffer Area may not increase impervious surfaces shoreward of the existing structure and shall not result in an increase greater than 25% in the total site area in impervious surfaces and shall be subject to the special provisions of § 170-30. Any other extension of a nonconforming building or use shall be subject to Board of Appeals approval as provided in §§ 170-58 and 170-59. The extension or completion of a building or the construction of additional buildings as herein provided shall not be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of Article II. Any dwelling lawfully existing at the time of enactment of this chapter, not located on a lot having frontage on a road as required herein, may be continued and may be enlarged, without increasing the number of dwelling units therein, provided that no such addition shall extend closer to the road than the existing building or setback line for the district. In the Modified Buffer Area such additions shall be located so as to minimize the shoreward extent of impervious surfaces, insofar as possible. In no case may such additions extend shoreward of any required setback line or as defined by existing structures on adjacent lots or parcels, whichever is more restrictive. A nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this chapter, provided that no structural alterations are made except as required by law. [Amended 7-16-2015 by Ord. No. 06-2015] HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-15 Elimination Of Junkyards And Nonconforming Off-Site Signs Certain nonconforming uses shall be terminated in accordance with the following provisions: Within not more than two years from the effective date of this chapter or amendment of this chapter by which a use becomes nonconforming, the right to maintain the following nonconformities shall terminate, and such nonconformities shall no longer be operated or maintained and must be removed: Junkyards. Within not more than five years from the effective date of this chapter or amendment of this chapter all nonconforming off-site signs shall be removed. 170-16 Repairs And Maintenance Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 170-17 Special Permit Uses Not Considered Nonconforming Any use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such zone. Ch 170 Art III District Regulations 170-18 Application Of Certain Regulations 170-19 Residential District R-1 170-20 Residential District R-2 170-21 Residential District R-3 170-22 Central Business District CBD 170-23 General Commercial District C-2 170-24 Intense Commercial District C-3 170-25 Light Industrial District I 170-26 Planned Redevelopment Area District PRA 170-27 Floodplain District F-1 170-28 Planned Unit Development District (PUD) 170-29 Planned Business Development District PBD 170-29.1 Traditional Neighborhood Development District - TND 170-18 Application Of Certain Regulations Zone regulations shall be as set forth in Article IV of this chapter, Supplemental Zone Regulations, and the Schedule of Zone Regulations is incorporated and declared to be a part of this chapter. 1 1 Editor's Note: The Schedule of Zone Regulations is included as an attachment to this chapter. 170-19 Residential District R-1 The regulations of the R-1 Zone are intended to provide for a pleasant, quiet, hazard-free residential environment permitting residential and related uses. Presently developed single-family residential areas are included in this zone as well as land which will develop in this manner in the future. (Signs are permitted as provided for in Article IV, Supplemental Zone Regulations, § 170-38, of this chapter). Permitted uses shall be as follows: Single-family detached dwellings. Farms and usual agricultural practices, provided that no poultry or livestock, except pets, shall be housed or confined within 200 feet of the boundary of the property. Fox, mink and hog farms shall be prohibited. Churches and parish halls, temples, convents and monasteries. Colleges and schools, public or private, having a curriculum and conditions under which teaching is conducted equivalent to a public school, and institutions of higher learning, subject to site plan review. Elderly housing at a density of up to six units per acre, provided that adequate documentation that ensures that the housing will be exclusively for the occupation of elderly residents is submitted to the Planning and Zoning Commission. One accessory apartment created within single-family dwelling units, provided that: [Added 12-18-2001 by Ord. No. 10-01] The apartment units are within a dwelling that existed at the time of adoption of this chapter. The owner of the dwelling resides permanently within the dwelling. One parking space per apartment unit and two parking spaces for the primary dwelling are provided on the parcel. Parking areas are adequately screened from adjacent lots and roadways. Accessory uses and structures. The following permitted accessory uses and structures shall be in the rear yard, unless attached to or part of the main building: Private garage and other similar structures normally accessory to principal permitted uses or authorized special exception. Customary, incidental home occupations. Temporary buildings and structures incidental to construction work, complying with the requirement of the State and County Health Departments, which buildings shall be removed upon completion or abandonment of the construction work. Temporary offices and display areas incidental to the sale or rental of homes or apartments, complying with the requirements of State and County Health Departments, which buildings shall be moved upon completion or abandonment of operations. Other accessory uses and structures clearly incidental and customary to and associated with the permitted uses. Solar panel collector cells shall be permitted as an accessory use, but, except as otherwise provided herein, shall be only for the principal use of the property on which the solar electric supply is located, shall be located on the roof of the primary structure on the property, and shall be screened to the extent possible. [Added 8-4-2016 by Ord. No. 06-2016] Small cell facility, provided it complies with the standards set forth in § 170-50. [Added 3-21-2019 by Ord. No. 03-2019] Special exceptions shall be as follows: Rest homes, nursing homes, funeral homes, medical offices, and other minor institutions for human care and the treatment of noncontagious diseases; single-family attached and multifamily residential dwelling units to house the elderly when associated with the nursing home or other institution. These uses may be approved, provided that the density does not exceed 12 dwelling units per acre. [Amended 5-6-2021 by Ord. No. 05-2021] Cemeteries. Public and private noncommercial parks and recreation areas, including clubs, parks and swimming pools provided Buffer Yard B is located between the use and single-family residential uses. Conversion of a single-family dwelling in existence as of the effective date of this chapter into multifamily dwellings. See Article IV, Supplemental Zone Regulation, § 170-41, of this chapter. Governmental office buildings on property which was publicly owned as of August 2, 1979. Day-care centers. More than one accessory apartment may be created within single-family dwelling units, provided that: [Added 12-18-2001 by Ord. No. 10-01] The apartment units are within a dwelling that existed at the time of adoption of this chapter. The maximum number of apartments shall not exceed the maximum permitted density and shall not in any case exceed four apartment units on any one lot. The owner of the dwelling resides permanently within the dwelling. One parking space per apartment unit and two parking spaces for the primary dwelling are provided on the parcel. Parking areas are adequately screened from adjacent lots and roadways. Boardinghouses, bed-and-breakfasts, and short-term rentals. Use and development standards. In accordance with the following use and development standards, bed-and-breakfasts, boardinghouses and short-term home rentals must: [Added 11-5-2015 by Ord. No. 07-2015] Have the facility inspected and approved by the fire marshal for the specified use; Comply with applicable federal, state and local laws; Operate under a valid bed-and-breakfast, boardinghouse or short-term home rental zoning certificate prior to operation; Provide for off-street parking in accordance with § 170-32 of this chapter, which includes a Buffer from adjacent residential uses; Not involve the alteration of a structure in a manner that changes the essential residential character of the property or district; and Signs are permitted as provided for in Article IV, Supplemental Zone Regulations, § 170-38 of this chapter. All permitted and special exception uses, other than a single-family detached residence, that are adjacent to single-family detached residences shall comply with the setback and Buffer yard requirements contained in § 170-42K. [Added 5-6-2021 by Ord. No. 05-2021] 170-20 Residential District R-2 The regulations of the R-2 Zone are intended to provide for a pleasant, quiet, hazard-free residential environment; existing residential areas are included in this zone as well as land which will develop in this manner in the future. (Signs are permitted as provided for in Article IV, Supplemental Zone Regulations, § 170-38, of this chapter). Permitted uses shall be as follows: Single-family dwellings. Farms and usual agricultural practices, provided that no poultry or livestock, except pets, shall be housed or confined within 200 feet of the boundary of the property. Fox, mink and hog farms shall be prohibited. Churches and parish halls, temples, convents and monasteries. Colleges and schools, public or private, having a curriculum and conditions under which teaching is conducted equivalent to a public school, and institutions of higher learning. Elderly housing at a density of up to six units per acre, provided that adequate documentation that ensures that the housing will be exclusively for the occupation of elderly residents is submitted to the Planning and Zoning Commission. One accessory apartment created within single-family dwelling units, provided that: [Added 12-18-2001 by Ord. No. 10-01] The apartment units are within a dwelling that existed at the time of adoption of this chapter. The maximum number of apartments shall not exceed the maximum permitted density and shall not in any case exceed four apartment units on any one lot. The owner of the dwelling resides permanently within the dwelling. One parking space per apartment unit and two parking spaces for the primary dwelling are provided on the parcel. Parking areas are adequately screened from adjacent lots and roadways. Dwelling, duplex, if they existed as of December 1, 2007. [Added 4-6-2017 by Ord. No. 01-2017] Multifamily dwellings, if they existed as of December 1, 2007. [Added 4-6-2017 by Ord. No. 01-2017] Museums, provided that: [Added 6-3-2021 by Ord. No. 11-2020] The lot area, dimensional standards and bulk requirements set forth in the Schedule of Zone Regulations shall apply except that the minimum lot size shall be 24,000 square feet, the minimum lot width shall be 140 feet, and the minimum side yard setback shall be 20 feet; The Planning Commission may waive the twenty-foot minimum setback upon finding the building's size and operation would impose no greater impact to the adjoining lot than a house on the same lot; The lot shall comply with Buffer Yard Category C, provided for in § 170-42 and illustrated in the Appendix to this chapter; 1 and The Planning Commission may impose restrictions on hours of operation, but in no case shall the museum be open to the general public between the hours of 11:00 p.m. and 8:00 a.m. Accessory uses and structures. The following accessory uses and structures shall be located in the rear yard, unless attached to or part of the main building: Private garage, and other similar structures normally accessory to the principal permitted uses or authorized special exception. Customary, incidental home occupation. Temporary buildings and structures incidental to construction work, complying with the requirements of the State and County Health Department, which buildings shall be removed upon completion or abandonment of the construction work. Other accessory uses and structures clearly incidental and customary to and associated with the permitted uses. Solar panel collector cells shall be permitted as an accessory use, but, except as otherwise provided herein, shall be only for the principal use of the property on which the solar electric supply is located, shall be located on the roof of the primary structure on the property, and shall be screened to the extent possible. [Added 8-4-2016 by Ord. No. 06-2016] Small cell facility, provided it complies with the standards set forth in § 170-50. [Added 3-21-2019 by Ord. No. 03-2019] Special exceptions shall be as follows: Rest homes, nursing homes, funeral homes, medical offices, and other minor institutions for human care and the treatment of noncontagious diseases; single-family attached and multifamily residential dwelling units to house the elderly when associated with the nursing home or other institution. These uses may be approved provided the density does not exceed 12 dwelling units per acre. [Amended 5-6-2021 by Ord. No. 05-2021] Cemeteries. Public and private noncommercial parks and recreation areas, including clubs, parks and swimming pools, provided that Buffer Yard B (Appendix 1) is located between the use and single-family residential uses. Conversion of single-family dwelling in existence as of the effective date of this chapter into multifamily dwellings. See Article IV, Supplemental Zone Regulations, § 170-41, of this chapter. Governmental office buildings on publicly owned property. [Amended 3-7-2013 by Ord. No. 01-2013] Boardinghouses, bed-and-breakfasts, and short-term rentals. Use and development standards. In accordance with the following use and development standards, bed-and-breakfasts, boardinghouses and short-term home rentals must: [Amended 4-3-2014 by Ord. No. 02-2014] Have the facility inspected and approved by the fire marshal for the specified use; Comply with applicable federal, state and local laws; Operate under a valid bed-and-breakfast, boardinghouse or short-term home rental zoning certificate prior to operation; Provide for off-street parking in accordance with § 170-32 of this chapter, which includes a Buffer from adjacent residential uses; Not involve the alteration of a structure in a manner that changes the essential residential character of the property or district; and Signs are permitted as provided for in Article IV, Supplemental Zone Regulations, § 170-38 of this chapter. Lodges and private clubs. Day-care centers. More than one accessory apartment created within single-family dwelling units, provided that: [Added 12-18-2001 by Ord. No. 10-01] The apartment units are within a dwelling that existed at the time of adoption of this chapter. The maximum number of apartments shall not exceed the maximum permitted density and shall not in any case exceed four apartment units on any one lot. The owner of the dwelling resides permanently within the dwelling. One parking space per apartment unit, and two parking spaces for the primary dwelling are provided on the parcel. Parking areas are adequately screened from adjacent lots and roadways. One accessory apartment in a detached building, provided that: [Added 8-3-2006 by Ord. No. 03-06] The subject lot is at least 10,000 square feet; The minimum yard requirements, height and total lot coverage do not exceed the standards set forth in this chapter for the R-2 Zone; The owner of the dwelling resides permanently within the main dwelling unit; There is at least one off-street parking space for the apartment unit and at least two off-street parking spaces for the main dwelling; Parking areas are adequately screened from adjacent lots and roadways; There is no more than one accessory apartment on any lot; and The building with the apartment must be subservient to, smaller in scale than, and architecturally complimentary to the main residence. Solar arrays, providing that: [Added 8-4-2016 by Ord. No. 06-2016] In addition to other special exception requirements set forth in this chapter, applications for solar arrays shall provide the following: A property proposing to have a solar array shall be at least two acres in size. The solar array shall be set back a minimum of 50 feet from properties with residential uses. Solar arrays shall not exceed 12 feet in height as measured from the ground. Site plans shall demonstrate the following: Show all equipment and/or storage buildings, shelters, landscaping, access and environmental features on the site. Demonstrate that stormwater is managed in accordance with all county and state requirements and that there is no discharge that causes degradation of Town, county or state waters. Show that all wiring not on the solar arrays shall be underground except where necessary to connect to the public utility. Show that the gross usable area will exclude any wetland areas that are regulated by the Maryland Department of the Environment or the U.S. Department of the Interior (administered by the U.S. Army Corps of Engineers). All forested areas removed during construction or operation shall be mitigated in accordance with the Forest Conservation Act. Demonstrate that any required utility right-of-way is allocated. Provide a detailed landscape plan demonstrating that noninvasive native plant species are used to surround the solar arrays site, providing a vegetated buffer around the perimeter of the site area of the solar arrays. Additional buffer area may be required by the Board of Appeals to provide screening from adjacent residential uses and/or public or private roads and/or rights-of-way. It shall be demonstrated in the landscape plan as part of the site plan that plantings will be of a type that will adequately screen the solar arrays from view of adjoining properties and private and public roadways, and a landscape berm appropriate to accept plantings, up to four feet high, may be used to assist in screening solar arrays. Provide documentation that noise generated by the facility shall be limited to 60 dBA as measured at the property line except when a backup generator is needed for maintenance. Construction on the site is exempt from this standard. Provide that lighting shall be in accordance with design standards and this chapter. Demonstrate that the solar arrays, including the electrical and mechanical components, shall conform to relevant and applicable local, state and national codes. Maintenance of solar arrays shall be demonstrated according to following guidelines: If solvents are required for cleaning of solar modules, they must be biodegradable. All broken or waste solar modules shall be removed from the site within 60 days of being taken out of service. A maintenance agreement for the landscape plan is provided with assurance of replacement for plantings and viability of the landscaped buffer. Removal of abandoned solar generating equipment. A bond, or other acceptable security, whose amount shall be determined by the Board of Appeals, may be required to assure removal of any unused or unmaintained solar arrays. Any solar energy power generating system that has not operated for a continuous period of 12 months shall be considered unused and abandoned unless the Board of Appeals grants an extension. The owner of an unused system shall remove the entire system within six months of receipt of notice from Town of Centreville notifying the owner of the equipment removal requirement. Removal includes removing any underground structures or supports and electrical transmission wire. All materials must be legally removed from the site. The site shall be restored to its original condition after removal is complete. Building permit fees shall be determined by resolution of the Town Council. All permitted and special exception uses, other than a single-family detached residence, that are adjacent to single-family detached residences shall comply with the setback and Buffer yard requirements contained in § 170-42K. [Added 5-6-2021 by Ord. No. 05-2021] 1 Editor's Note: See Appendix 1, Bufferyard Requirements, included as an attachment to this chapter . 170-21 Residential District R-3 The regulations of the R-3 Zone are intended to accomplish the same purpose of the R-2 District while permitting higher density and a variety of dwelling types. Permitted uses shall be as follows: All uses permitted in R-2 District. Two-family dwellings and townhouses. [Amended 12-18-2001 by Ord. No. 10-01] Semidetached dwellings. Attached dwellings. Multifamily dwellings. Planned unit developments (PUDs) in accordance with the conditions and requirements contained in § 170-28 of this chapter. [Added 12-18-2001 by Ord. No. 10-01] Accessory uses shall be as permitted in R-2 District. Special regulations for two-family dwellings and townhouses: Each dwelling unit of a two-family dwelling unit must comply with the minimum lot area per dwelling unit specified in the regulations of Article IV. The dwelling units and individual lots of a two-family dwelling or townhouse may be sold separately if separate utilities systems are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with Chapter 138, Subdivision Regulations. In addition, all two-family dwellings or townhouse units offered for sale shall have party walls at least eight inches thick of masonry construction extending from the footings to the roof of the structure. The following regulations shall apply to townhouses in any district where townhouses are permitted: The townhouse building shall comply with minimum lot requirements contained in the Schedule of Zone Regulations, 1 but each dwelling unit of a townhouse need not be located on a lot complying with minimum lot area per family requirements in the table, provided that the average for all dwelling units in the building equals or exceeds the minimum requirements, and provided that no lot is created with lot area less than 2,000 square feet, exclusive of a parking lot area. [Refer to Subsection C(3)(h) of this section.] Lot frontage, measured at a building line, for individual dwelling units of a townhouse may be reduced to not less than 18 feet. Lot width for end units shall be adequate to provide required front and side yards. For the purpose of the side yard regulations, a townhouse building shall be considered as one building on one lot with side yards required for end units only, in accordance with the Schedule of Zone Regulations. 2 Any side yard adjacent to the line of a lot occupied by a detached single-family dwelling or a lot in a single-family residential district shall not be less than 25 feet. No detached garage or carport or other detached accessory building over 120 square feet shall be permitted on a lot occupied by a townhouse. Unless otherwise restricted by zone regulations, not less than three and not more than six dwelling units shall be included in any one townhouse building. The front and rear facades of dwelling units in a townhouse building shall be varied by changed yards of not less than three feet and variation in materials or design so that no more than three abutting units will have the same front yard depth and the same or essentially the same architectural treatment of facades and rooflines. Assurances shall be provided satisfactory to the Town that nonpublic areas for the common use and enjoyment of occupants of townhouses, but not in individual ownership by such occupants, shall be maintained in a satisfactory manner without expense to the general public. Required off-street parking shall be provided on the lot or within 100 feet of the lot. A site plan complying with the requirements of this chapter shall accompany an application for approval of a townhouse development. A minimum of 15% of the gross land area to be developed as townhouses must be reserved as natural or landscaped open space or recreational area. Special exceptions. The Board of Appeals may authorize any one or more of the following uses in an R-3 area, in addition to those specified. In authorizing any such additional use, the Board of Appeals may impose such requirements and conditions with respect to location, construction, maintenance and operation (in addition to those expressly stipulated hereinafter), as they deem necessary for the protection of adjacent properties and the public interest. Mobile home parks, subject to the following provisions: Access to the mobile home park shall be from a major highway or arterial street; the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties; no mobile home space shall be designed for direct access to a street outside the boundaries of the mobile home park; and the interior access drives shall be at least 25 feet in width surfaced and maintained at least 25 feet in width. The topography of the site shall be such as to facilitate rapid drainage and that adequate drainage facilities be provided. The minimum width and/or depth of the mobile home park shall be 200 feet, and minimum total area of the mobile home park shall be five acres. The minimum area for a mobile home site for parking one mobile home shall be 3,500 square feet with no dimension less than 40 feet, and with corners of each site visibly marked and numbered by a permanent marker. The mobile home park shall contain at least 1,000 square feet per mobile home for community facilities, including play space, utility rooms, parking and access roads. Any service or utility building shall be located on a minimum lot of 10,000 square feet. The mobile home park shall be surrounded by Buffer Yard C (Appendix 1) along the street frontage of a street or major highway, and Buffer Yard D (Appendix 1) along all other lot lines or street frontage. A minimum of 15% of the total mobile home tract shall be left as open space recreational areas. No mobile home shall be parked closer than 25 feet to any other mobile home or service building, and no part of a mobile home shall extend closer than five feet to the boundaries of an individual mobile home site. Off-street parking spaces for automobiles shall be provided in the ratio of two spaces per mobile home in locations convenient to individual trailers or groups of trailers. Proper provision shall be made for public water supply, sanitary sewers, refuse collection, laundry and other community facilities. Water and sewer systems shall be approved by the Maryland State Health Department. Service or utility buildings are permitted within the park for use as sanitary, postal, trailer supplies, mobile home park office, convenience items or laundry; provided, however, that all use of the facilities shall be designed for occupants of the park. Mobile home unit standards. The unit should appear to have a permanent and continuous foundation of masonry construction. The unit is at least 20 feet wide. For single-wide units, the width can be made up with a porch or carport addition at least 2/3 the length of the unit. The unit has a pitched roof. The unit is constructed under the latest (1976) HUD standards and Maryland Industrial Buildings and Mobile Home Code. The exterior walls of the unit look like wood or masonry, regardless of their actual composition. Mobile home subdivision subject to the following provisions: Access to the mobile home subdivision shall be from a major highway or arterial street, and all access drives shall be controlled to facilitate traffic movement, to minimize traffic hazards, and to protect surrounding properties. Any interior access drives shall have a minimum right-of-way width of 40 feet, with a minimum paved surface of 30 feet in width. The mobile home subdivision shall be surrounded by a landscaped strip of 25 feet along the frontage adjoining any arterial street or major artery. The minimum lot size for a mobile home shall conform in all respects to the minimum lot size for a single-family dwelling for the zone in which the subdivision is located. The minimum width and/or depth of the subdivision shall be 200 feet and a minimum total area of five acres. The topography of the subdivision shall be designed to provide for adequate drainage, and adequate drainage facilities shall be provided as developed. Special exceptions as permitted in the R-2 District. Conversion of a single-family dwelling in existence as of the effective date of this chapter into multifamily dwellings. See Article IV, Supplemental Zone Regulations, § 170-41, of this chapter. All nonresidential permitted and special exception uses that are adjacent to single-family detached residences shall comply with the setback and Buffer yard requirements contained in § 170-42K. [Added 5-6-2021 by Ord. No. 05-2021] 1 Editor's Note: The Schedule of Zone Regulations is included as an attachment to this chapter. 2 Editor's Note: The Schedule of Zone Regulations is included as an attachment to this chapter. 170-22 Central Business District CBD The regulations of the CBD Zone are intended to provide areas in which the daily shopping needs of nearby residents can be met. The zone permits retail and service uses of a limited intensity which serve the needs of the neighborhood and highway-oriented population. It is also the intent of this zone that new development and redevelopment be consistent with the existing historic nature of Centreville with regard to building setbacks, building orientation and lot coverage. Permitted uses shall be as follows: Shops such as grocery, hardware, drug stores, variety stores, and specialty shops. Personal service shops dealing directly with customer: beauty parlors, barbershops, clothes cleaning agencies, laundromats, and similar service establishments. Banks, drive-in or otherwise, business and professional offices, and similar establishments. Funeral homes. Boardinghouses, bed-and-breakfasts, and short-term rentals. Use and development standards. In accordance with the following use and development standards, bed-and-breakfasts, boardinghouses and short-term home rentals must: [Amended 4-3-2014 by Ord. No. 02-2014] Have the facility inspected and approved by the fire marshal for the specified use; Comply with applicable federal, state and local laws; Operate under a valid bed-and-breakfast, boardinghouse or short-term home rental zoning certificate prior to operation; Provide for off-street parking in accordance with § 170-32 of this chapter, which includes a Buffer from adjacent residential uses; Not involve the alteration of a structure in a manner that changes the essential residential character of the property or district; and Signs are permitted as provided for in Article IV, Supplemental Zone Regulations, § 170-38 of this chapter. Appliance sales and repair shops; however, any outside storage of supplies and equipment shall be screened with a solid fence a minimum of six feet high. Theaters or cultural establishments. Clubs or lodges. Parking areas, as provided in Article IV, Supplemental Zone Regulations, § 170-32, of this chapter. Apartments in multistory buildings, provided that the portion of the ground floor fronting the street remains commercial, and the property will be subject to site plan review when converted to such use. Restaurants (including full service and carry-out restaurants only). Public structures. Single-family detached structure when it can be documented that the property had once been used as such. Auto parts and accessories sales. Nano breweries. [Added 1-21-2016 by Ord. No. 02-2016] Micro distillery. [Added 10-18-2018 by Ord. No. 06-2018] Special exception uses shall be as follows: Automobile service establishments are permitted (as special exceptions upon approval by the Board of Appeals), subject to the following provisions: Bulk storage of flammable liquids shall be underground. The entrance or exit of such establishments shall be at least 50 feet from any lot zoned residential. No structure or building shall be erected within 30 feet of any residential property line. There shall be no outside storage or accumulation of junk or scrap. Convenience stores without motor vehicle fuel dispensers. [Amended 3-20-2003 by Ord. No. 14-02] Day-care centers, subject to the following provisions: [Added 9-18-2014 by Ord. No. 10-2014] Applicants shall meet requirements of state and local health departments for family/group care. Adult day-care centers are regulated by the Maryland Department of Health and Mental Hygiene. A child day-care center shall not have more day-care children than the number which appears on the certificate of registration issued by the Office of Child Day Care Licensing and Regulation. A site plan must be submitted showing existing or proposed buildings, play/outdoor areas, fencing, parking, ingress and egress, and with the following: The Board may prescribe specific conditions determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site. The applicant shall provide 100 square feet of usable outdoor recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential areas. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas. This provision does not apply for adult or elderly day-care centers. All such uses shall be located so as to permit the safe pickup and delivery of all people on this site, including handicap ingress/egress. Accessory uses and structures. The following accessory uses and structures shall be located in the rear yard, unless otherwise provided herein or attached to or part of the main building: [Amended 3-21-2019 by Ord. No. 03-2019] Small cell facility, provided it complies with the standards set forth in § 170-50. Outdoor table area and outdoor dining area as an accessory use to a restaurant, provided that it complies with the following requirements: [Added 10-4-2019 by Ord. No. 11-2019 1 ] Restaurants shall be permitted to provide outdoor table areas and operate outdoor dining areas on sidewalks, including areas within the public right-of-way and in courtyards, so long as such area utilized is adjacent to the abutting property, provided that pedestrian circulation and access to store entrances shall not be impaired to less than 48 inches of clearance or width or 36 inches of clearance or width in the event of a mid-sidewalk obstruction, and no part of an outdoor table area or outdoor dining area shall encroach upon any part of the sidewalk frontage of any adjacent premises, right-of-way or alley unless written permission is provided by the property owner. If the outdoor dining area has permanently attached features, including but not limited to fencing, gates, awnings, lighting, etc., a simplified site plan shall be filed with and approved by the Zoning Administrator. (See § 170-48 Simplified site plan.) Customers in an outdoor table area or an outdoor dining area shall be seated at tables. The number of outdoor seats shall not exceed the number of indoor seats at tables. Customers in the outdoor table area or outdoor dining area shall have access to the same indoor toilets as do customers seated indoors; portable toilets shall not be permitted. An outdoor table area or outdoor dining area shall not be open for business hours when the indoor restaurant is closed for business. No part of any outdoor table area or outdoor dining area shall be within 75 feet of a residential zone. All illumination shall be directed within the outdoor table area or outdoor dining area and not towards neighboring properties. The operator of an outdoor table area and outdoor dining area shall fully insure, indemnify, defend and hold harmless the Town Council of Centreville and in their capacity as such, the officers, agents, and employees thereof from and against any and all claims and damages in any way arising out of or through the acts or omissions of the operator of the Outdoor Table Area or outdoor dining area or its employees in the construction, operation, maintenance, use, placement or condition of the outdoor table area or outdoor dining area. The following are prohibited in outdoor table areas and outdoor dining areas: cooking of food; unshielded trash or refuse storage; advertisement (exclusive of menus intended to be read from the outdoor area); outdoor entertainment, music, speakers, or public address system; exclusively carry-out transactions. Outdoor table areas and outdoor dining areas shall comply with all applicable building, health, safety, fire, zoning and environmental standards. The following additional provisions apply to outdoor dining areas: An outdoor dining area shall not include an outdoor bar. A permit shall be required for an outdoor dining area. An application for an outdoor dining area permit shall be made to the Zoning Administrator. The application shall be made by the operator of the restaurant establishment. An outdoor dining area permit shall be valid for one year from the date on which the permit is issued. The holder of a permit shall pay an annual fee as established by resolution of the Town Council. The annual fee shall be paid with the original permit application and with any requests for renewal of the permit. The Zoning Administrator shall consider the issuance of any prior municipal infractions, citations and unpaid fines relative to the outdoor dining area when reviewing requests for permit renewal. A restaurant shall not sell, serve or allow the consumption of alcoholic beverages within its outdoor dining area without first obtaining the required license from the Queen Anne's County Board of License Commissioners. Alcoholic beverages shall be served in the outdoor dining area only if the sale of food is also offered in the outdoor dining area. Other accessory uses and structures clearly incidental and customary to and associated with the permitted uses. Prohibited structures. Steel bars, security grates, roll-down metal doors, and similar security devices shall be prohibited on the exterior, front facade of any building. Except as otherwise noted in the Schedule of Zone Regulations, the following additional requirements shall apply to the CBD District: Front yard setbacks shall be established by setbacks of existing buildings located on either side of the lot to be developed. Where no buildings exist on either side of the lot to be developed, the average setback from the edge of the street to the building front of all buildings along the street shall be used to determine the maximum setback of the proposed development. Side yard setbacks can be reduced to zero except where pedestrian access is provided to parking areas or other uses. Where vehicular access is provided along the side yard, a four-foot wide sidewalk shall also be provided along the vehicular access. The ground floor street frontage of each structure shall be pedestrian-oriented, and windows shall be provided to the maximum extent practical rather than blank walls. Parking shall be provided in accordance with Article IV of this chapter. The Planning and Zoning Commission may consider the use of existing on-street parking areas and/or other existing public parking areas in meeting the minimum parking requirements for a proposed use, if the applicant can demonstrate that said parking spaces and areas will be available at the appropriate times for the patrons, residents or employees of the proposed use. [Amended 12-18-2001 by Ord. No. 10-01] 1 Editor's Note: This ordinance also redesignated former Subsection C(2) as Subsection C(3). 170-23 General Commercial District C-2 The regulations of the C-2 Zone are intended to promote, protect, and provide for the retail services center of the community and the surrounding regions. Permitted uses shall be as follows: [Amended 3-18-1993 by Ord. No. 615B; 3-20-2003 by Ord. No. 14-02] All uses permitted in the Central Business District CBD. Department stores. Theaters and places of indoor entertainment. Printing and publishing. Manufacture or assembling from prepared materials of the following: musical instruments, clocks or watches, toys or novelties, electrical appliances, electronic devices, light sheet metal products, office equipment, baked and confectioners goods, and the like, provided that there is no outside storage nor more than 10 employees related to the manufacturing process. Producing ceramic products, cabinetmaking, and sign-painting shops shall be considered like uses. Animal hospitals and veterinary clinics, provided that any open pen or runway is at least 200 feet from any residential district boundary. Automobile service establishments, subject to the following provisions: Bulk storage of flammable liquids shall be underground. The entrance or exit of such establishments shall be at least 50 feet from any lot zoned residential. No structure or building shall be erected within 30 feet of any residential property line. Motels and hotels. Indoor or outdoor recreational or cultural establishments. Direct market sales and fulfillment, including mail order catalog sales. Neighborhood shopping centers, provided that the minimum site size is two acres or greater. Convenience stores without motor vehicle fuel dispensers. Cannabis Licensed Dispensary, subject to the following provisions: a. The boundaries of property used as a Cannabis Licensed Dispensary shall be at least 100 feet from any property with a residential use; b. The boundaries of property used as a Cannabis Licensed Dispensary shall be at least 500 feet from a pre-existing school, playground, recreation center, library, public park, or place of worship; c. The boundaries of property used as a Cannabis Licensed Dispensary shall be at least 1,000 feet from property with another Cannabis Licensed Dispensary; d. A Cannabis Licensed Dispensary shall not be permitted as an accessory use; and e. Parking requirements for a Cannabis Licensed Dispensary shall be at least equivalent to the minimum parking requirements applicable to retail businesses. [Added 09-05-2024 by Ord. No. 09-2024] Accessory uses and structures shall be as follows: Those clearly incidental and customary to and associated with the permitted uses. All accessory uses and structures shall be located in the rear yard, unless attached to or part of the main building. Parking areas. See Article IV, Supplemental Zone Regulations, § 170-32, Off-street parking areas required. Small cell facility, provided it complies with the standards set forth in § 170-50. [Added 3-21-2019 by Ord. No. 03-2019] Special exceptions shall be as follows: [Amended 3-20-2003 by Ord. No. 14-02] Drive-in, drive through and fast-food restaurants. Farm implement and industrial equipment, sales, and service. Automobile sales. Manufacture or assembling from prepared materials of the following: musical instruments, clocks or watches, toys or novelties, electrical appliances, electronic devices, light sheet metal products, office equipment, baked and confectioners goods, and the like, provided that there is no outside storage of materials related to the manufacturing process. Producing ceramic products, cabinetmaking, and sign-painting shops shall be considered like uses. Motor vehicle fuel sales, provided that the following requirements are met: Motor vehicle fuel sales shall be an accessory use to a convenience store. Adequate space shall be provided on site for service and delivery vehicles. Any fuel dispensers, underground fuel storage tanks or islands, including canopies, shall be at least 25 feet from any street or property line. Entrances and exits to streets shall be at least 100 feet from any intersection. Motor vehicle service, repair or storage of vehicles shall not take place on the premises. Car wash. Day-care centers, subject to the following provisions: [Added 9-18-2014 by Ord. No. 10-2014] Applicants shall meet requirements of state and local health departments for family/group care. Adult day-care centers are regulated by the Maryland Department of Health and Mental Hygiene. A child day-care center shall not have more day-care children than the number which appears on the certificate of registration issued by the Office of Child Day Care Licensing and Regulation. A site plan must be submitted showing existing or proposed buildings, play/outdoor areas, fencing, parking, ingress and egress, and with the following: The Board may prescribe specific conditions determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site. The applicant shall provide 100 square feet of usable outdoor recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential areas. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas. This provision does not apply for adult or elderly day-care centers. All such uses shall be located so as to permit the safe pickup and delivery of all people on this site, including handicap ingress/egress. In addition to the requirements of the Schedule of Zone Regulations, the following regulations shall apply: [Added 12-18-2001 by Ord. No. 10-01] A minimum of 20% of the development envelopment shall be landscaped. Pedestrian walkways shall form an on-site circulation system that minimizes conflicts with pedestrians and vehicular traffic. The on-site pedestrian system shall also be linked to any existing or proposed off-site pedestrian system. To minimize the impact of large expanses of parking on the pedestrian environment, parking spaces shall be located to the rear and/or sides of building. HISTORY Amended by Ord. 09-2024 on 9/5/2024 170-24 Intense Commercial District C-3 The regulations of the C-3 District intend to provide the full range of commercial activities and establishments which are not primarily related to residential developments and which require accessibility from major highways. Permitted uses shall be as follows: [Amended 3-20-2003 by Ord. No. 14-02] Any use permitted in the CBD or C-2 Commercial District. Commercial establishments of an extensive nature requiring exterior display or storage, including, but not limited to: Auto repair garage. Motor vehicle fuel sales. Automobile sales and service. Bottling and distribution of beverages. Farm implement and industrial equipment, sales and service. Wholesale business, warehouse and service establishments behind another business use or with Buffer Yard C (Appendix 1) 1 along the street. Petroleum products, provided that no more than 60,000 gallons are stored on premises. All storage tanks must be underground. Manufacture or assembling from prepared materials of the following: machined products, glass products made of purchased glass, die cut paper board and cardboard, electrical lighting and wiring equipment, lithographic and printing processes, optical goods, photographic and communications equipment, and the like, provided that there is no outside storage of materials nor more than 25 employees related to the manufacturing process. Restaurants (all types). Building materials sales and lumberyards, including incidental millwork and the sales of rock, sand, gravel, and the like as an incidental part of the main business, provided that they shall be distant at least 100 feet from any dwelling, school, church, or institution of human care. Convenience store. Car wash. Cannabis Licensed Dispensary, subject to the following provisions: The boundaries of property used as a Cannabis Licensed Dispensary shall be at least 100 feet from any property with a residential use; The boundaries of property used as a Cannabis Licensed Dispensary shall be at least 500 feet from a pre-existing school, playground, recreation center, library, public park, or place of worship; The boundaries of property used as a Cannabis Licensed Dispensary shall be at least 1,000 feet from property with another Cannabis Licensed Dispensary; A Cannabis Licensed Dispensary shall not be permitted as an accessory use; and Parking requirements for a Cannabis Licensed Dispensary shall be at least equivalent to the minimum parking requirements applicable to retail businesses [Added 09-05-2024 Ord. No. 09-2024] Accessory uses shall be as follows: Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal use and structures. Small cell facility, provided it complies with the standards set forth in § 170-50. [Added 3-21-2019 by Ord. No. 03-2019] Special exceptions shall be as follows: Contractor's yard for storage of material and equipment. Trucking and freight stations, terminals and storage yards. Trailer and mobile home sales and service. Day-care centers, subject to the following provisions: [Added 9-18-2014 by Ord. No. 10-2014] Applicants shall meet requirements of state and local health departments for family/group care. Adult day-care centers are regulated by the Maryland Department of Health and Mental Hygiene. A child day-care center shall not have more day-care children than the number which appears on the certificate of registration issued by the Office of Child Day Care Licensing and Regulation. A site plan must be submitted showing existing or proposed buildings, play/outdoor areas, fencing, parking, ingress and egress, and with the following: The Board may prescribe specific conditions determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site. The applicant shall provide 100 square feet of usable outdoor recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential areas. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas. This provision does not apply for adult or elderly day-care centers. All such uses shall be located so as to permit the safe pickup and delivery of all people on this site, including handicap ingress/egress. Produce stands. In accordance with the following use and development standards, produce stands must: [Added 3-7-2019 by Ord. No. 08-2018] Have valid licensing from any government agency responsible for regulating such entity, including any required liability insurance and a valid operating permit from the Town of Centreville; Comply with applicable federal, state and local laws; Provide for off-street parking, in accordance with § 170-32 of this chapter. Have written permission from the property owner or leaseholder. Signs are permitted as provided for in Article IV, Supplemental Zone Regulations, § 170-38, of this chapter. Temporary and nonpermanent signs must be removed when the stand is not open. No separately metered electricity connection or generators permitted. Any temporary electricity connection proposed for the produce stand shall be approved by the Board of Appeals as part of the special exception. Hours not to exceed 1/2 hour after sunup to 1/2 hour before sundown. A simplified site plan which includes the location of the produce stand and any associated vehicle/signage which shall be approved by the Board of Appeals. In addition to the requirements of the Schedule of Zone Regulations, the following regulations shall apply. [Added 12-18-2001 by Ord. No. 10-01] A minimum of 20% of the development envelopment shall be landscaped. Pedestrian walkways shall form an on-site circulation system that minimizes conflicts with pedestrians and vehicular traffic. The on-site pedestrian system shall also be linked to any existing or proposed off-site pedestrian system. To minimize the impact of large expanses of parking on the pedestrian environment, parking spaces shall be located to the rear and/or sides of building. 1 Editor's Note: Appendix 1 is included as an attachment to this chapter. HISTORY Amended by Ord. 09-2024 on 9/5/2024 170-25 Light Industrial District I The Light Industrial District I is intended to include structures and uses of an undesirable nature, thus must be separated from present commercial and residential use. All uses must meet the screening and buffer yard provisions set forth in Article IV, § 170-42. Permitted uses shall be as follow: Bottling or distribution of beverages. Manufacture or assembling from prepared materials the following: machined products, glass products made of purchased glass, die cut paper board and cardboard, electrical lighting and wiring equipment, lithographic and printing processes, optical goods, photographic and communications equipment, pharmaceuticals, radio and TV receiving sets, bags and containers, electrical machinery, farm product feed and grain and the like. Printing, publishing, binding, packaging, storage and warehousing. Firms manufacturing textile, clothing, hosiery, electronic equipment appliances, and mechanical instruments. Public utility installations, including but not limited to water and wastewater treatment facilities, public works garages and maintenance facilities. Petroleum products, provided that no more than 60,000 gallons are stored on premises. All storage tanks must be underground. Building materials and lumberyards, including incidental mill work, provided that they shall be distant at least 100 feet from any dwelling, school, church, or institution for human care. Accessory uses and structures shall be as follows: Retail sale of products manufactured or processed on the premises. Other accessory uses and structures clearly incidental and customary to and associated with the permitted uses. Small cell facility, provided it complies with the standards set forth in § 170-50. [Added 3-21-2019 by Ord. No. 03-2019] Special exceptions. the Board of Appeals may grant special exceptions for uses which are determined to be of the same general character as those listed as permitted uses above and which will not be detrimental to permitted uses in the zone. In addition, the Board of Appeals, may permit the following as special exceptions: Contractor's yard for storage of material and equipment. Trucking and freight stations, terminals and storage yards. Storage and processing of farm products; except poultry processing, all storage of materials and equipment shall be screened from view. Wholesale and retail sales and storage of petroleum products, provided that sales are conducted within a building or an area screened from view and located with such setbacks as not to be a hazard to the safety of surrounding properties. This shall not include any gasoline station or auto service centers or other installation dealing with the service or refueling of automobiles. Telecommunications tower, provided it complies with the standards set forth in § 170-51. [Added 3-21-2019 by Ord. No. 03-2019] Signs are permitted as provided for in Article IV, Supplemental Zone Regulations, § 170-38, of this chapter. 170-26 Planned Redevelopment Area District PRA Purpose. It is the purpose of the Planned Redevelopment Area District to be used as a floating zone classification in situations where buildings or properties are surrounded by incompatible zones or have traditionally been used for incompatible purposes. It is intended to be used when it is not economically or otherwise feasible to continue to use those buildings or properties for their current use. The Planned Redevelopment Area is intended to overlay and supplement, but not eliminate, the existing zone classification which it is put over. The PRA is intended to legalize and allow the orderly and controlled expansion of commercial or residential uses within such buildings and upon such properties lacking practical potential to continue present use under the current Land Use Plan and to preserve and expand the number of jobs in the Town, while protecting and preserving the adjacent residences and the residential character of the surrounding neighborhoods. Conditions. The Planned Redevelopment Areas classification may be granted upon application by the property owner and after following the procedures necessary to zone or rezone a property under § 170-64, Amendments, of this chapter. When a Planned Redevelopment Area is approved to be applied to a specific area, that area shall be so designated on the Official Zoning Map, and such Planned Redevelopment Area shall be treated as a zone classification for the purpose of establishing and interpreting its boundaries. [Amended 3-18-1993 by Ord. No. 615B] In order to be eligible for consideration for a Planned Redevelopment Area classification, there must be a finding by the zoning authorities that: The development or redevelopment potential for the subject property is consistent with the purpose and intent of this overlay classification and designated as such in the Town's Comprehensive Plan; The proposed development or redevelopment of the subject property is compatible with adjoining land uses; The general standards and limitations set forth in this chapter can be met at the subject property; The granting of the PRA classification will not be detrimental to the health, safety and welfare of the inhabitants of the Town; and, The granting of the PRA classification will promote the general welfare of the inhabitants of the Town as a whole. The Centreville Planning and Zoning Commission and/or the Town Council may impose any conditions necessary to ensure that the above standards can be met. Permitted uses. In addition to those uses permitted in the underlying zone classification, the following uses shall be permitted: All uses permitted in R-2 and R-3 District, or All uses permitted in the CBD, C-2 or C-3 Zones. When the PRA is approved for a specific set of uses, it will carry that designation. For example, a Planned Redevelopment District approved for townhouses will carry a designation "PRA (R-3)." Site plan requirements. See Article IV, § 170-47. Permitted density. The Planning and Zoning Commission shall have the discretion to allow a maximum residential density no greater than either: The permitted density in the approved PRA Zoning District; or The number of dwellings existing on the subject property on the date of February 27, 1991. [Added 7-11-2002 by Ord. No. 04-02] Private roads. Fee-simple lots may be created on private roads in a PRA at the discretion of the Planning and Zoning Commission and provided that adequate legal mechanisms are created to ensure the continued maintenance and repair of said roads. [Added 7-11-2002 by Ord. No. 04-02] Design standards. Building setbacks, lot sizes, impervious coverage, height, landscaping, buffer yard, lighting and road standards shall be determined by the Planning and Zoning Commission for each individual development in the PRA. In determining these standards, the Planning and Zoning Commission shall consider the unique factors of each development, such as proposed density/intensity of the development, use mix, the layout of buildings and roads, environmental protection considerations, and the compatibility of the proposed development with existing or anticipated development of surrounding properties. The purpose of these standards is to provide design flexibility, consistent with public health and safety objectives, for a unified and coherent plan of development that is best suited for each individual development site. [Added 7-11-2002 by Ord. No. 04-02] Bulk standards. The Town Council may authorize reductions to the minimum lot area dimensions and the minimum yard requirements listed in the Schedule of Zone Regulations and may authorize an increase of up to 100% density/intensity minimum (dwelling units per acre) in the Schedule of Zone Regulations after finding that these modifications are consistent with the purpose of this section. [Added 5-6-2010 by Ord. No. 03-2010] HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-27 Floodplain District F-1 This district corresponds to the Floodplain District established by Chapter 66, Floodplain Management. Special exceptions shall be as follows: Other uses employing open land, such as storage yards for equipment, provided that: No refuse dumps, salvage yards, or other similar uses shall be permitted. The use is permitted in an adjoining zone. The use shall not be injurious to permitted uses or to uses in adjoining zones by reason of noise, odor, traffic or other nuisances. The use shall not unduly impede the flow of water in time of flood or will not provide hazard to life or other property during floods. 170-28 Planned Unit Development District (PUD) Planned unit development in general. It is the intent of the PUD Zone to control the placement, design, use, and density of well-planned, residential developments which will offer a variety of building types and a more efficient overall use of land, and within these limits, permit the optimum amount of freedom and variety in the design and management of such varying types of residential structures, including one- and two-family units, townhouses and garden apartments. Within the intention of these regulations, the following objectives are sought to provide for the planned unit development: To provide a more attractive and varied living environment than would be possible through the strict application of R-1, R-2, and R-3 District requirements. [Amended 11-4-2021 by Ord. No. 12-2021] To encourage a more intimate, efficient and aesthetic use of open space. To encourage developers to use a more creative approach in the development of land. To encourage variety in the physical development pattern of residential areas. To encourage significant innovations in the development of land to bring about sustainable patterns of development in environmentally sensitive areas, including within the Critical Area. [Added 11-4-2021 by Ord. No. 12-2021] The Council shall follow the procedures set forth in this section for the approval of a floating zone for PUDs proposed in the R-1 or R-2 Districts. [Amended 12-18-2001 by Ord. No. 10-01; 11-4-2021 by Ord. No. 12-2021] PUDs shall be permitted in the R-3 Zone in accordance with the conditions and requirements contained in this section. [Added 12-18-2001 by Ord. No. 10-01; 11-4-2021 by Ord. No. 12-2021] PUD requirements. Permitted uses. PUDs are contemplated to be primarily residential. However, they may incorporate nonresidential development which is permitted in the underlying zoning district and as provided for below: [Amended 11-4-2021 by Ord. No. 12-2021] All uses permitted in the underlying zoning district. Single-family detached dwellings. Multifamily dwellings attached or detached (including but not limited to one- and two-family units, townhouses and garden-type apartments). Apartments. An office, temporary or permanent, belonging to the developer and clearly incidental to management and sales operations of the planned unit development. Temporary structures incidental to construction. In planned unit developments, commercial establishments of a convenience and service nature for PUD residents may be permitted. Such commercial establishments shall be an integral part of the plan for the PUD. The total aggregate area of all the commercial establishments and their parking areas shall not occupy more than 5% of the gross area of the PUD. Commercial areas may include one or more stores and may be of the following types: Small neighborhood convenience centers may include laundry establishments, beauty and barber shops, and retail food establishments of less than 3,500 square feet. No commercial establishments shall be constructed until 25% of the total planned residential units are completed. Centers may include one or more stores. Planned Commercial Centers The Town Council may approve and/or require land and places for public assembly, recreational buildings, public buildings and accessory buildings, or may require the reservation of lands for such uses if it is deemed they are advantageous or necessary for the purpose of serving the planned unit development and the local community. Where permitted, planned unit developments are permitted in the R-1, R-2, and R-3 Districts. In general, a planned unit development is contemplated in residential zones where tracts of suitable location, size, and character exist. The uses/structures proposed are to be planned and developed according to the requirements and procedures of this chapter. Planned unit development shall be approximately located with respect to the general pattern of urban development, existing or proposed, and to existing public and private facilities and services. [Amended 11-4-2021 by Ord. No. 12-2021] Computation of dwelling units permitted. The total density in the PUD will not be greater than if developed under the terms of the underlying zoning district. The total permitted dwelling units may be averaged over the entire PUD or clustered in various groupings. [Amended 11-4-2021 by Ord. No. 12-2021] Density. The Planning and Zoning Commission may set the required mix of one-bedroom, two-bedroom, or three-or-more bedroom units that can be built within a planned unit development or its stages. Land coverage. The maximum amount of land that may be built over (covered) by parking lots, roads, sidewalks, plazas, buildings or other structures shall be 35% of the gross land of the PUD. Area. Parcels developed as residential planned developments shall not be of less than sufficient area [as determined in accordance with Subsection B(3) of this section] to establish ten dwelling units in the R-1 Zoning District or five dwelling units in the R-2 and R-3 Zoning Districts. There is no minimum parcel size for other planned developments. [Amended 7-11-2002 by Ord. No. 07-02; 11-4-2021 by Ord. No. 12-2021] Open space. Common open space shall comprise not less than 25% of the gross area. All open space shall be designated for the common use of all occupants of the PUD and at least 70% of such space shall be developed as recreational areas. [Amended 11-4-2021 by Ord. No. 12-2021] Sanitary facilities. No PUD plan shall be approved unless the proposed development will be served by public water and sewer disposal systems which shall be existing at the time the plan receives final approval. Satisfactory evidence must be furnished to the Town Council that the existing Town sewer and water systems can handle the increased demands placed upon them by the proposed PUD and meet current Health Department requirements for standards of operation. Height requirements. The requirements shall be those set in the Schedule of Zone Regulations. 1 Parking. At least two usable off-street parking spaces meeting the standards in this chapter shall be provided for each dwelling unit either on the lot it occupies or within 150 feet of such dwelling unit. [Amended 11-4-2021 by Ord. No. 12-2021] Administrative procedures. Preliminary application shall be made to the Town Council and referred to the Planning and Zoning Commission for stage one consideration of the PUD Zone and shall include, but not be limited to: A general diagram showing the PUDs relation to the Town of Centreville and major public access to the PUD (10 copies). A general plan setting forth preliminary information (10 copies). Such information shall include, but not be limited to the following: Proposed housing types, the total number of units, percentage of each type, general location of each type, elevations of each type. Proposed planned commercial centers and/or neighborhood convenience centers, location, types of business(es), size of area(s), and elevations of each building type. Proposed open spaces, their size, their location, their uses, and their proposed ownership (Town and/or association). General statement concerning provision of utilities (public works agreement). Statement of expected Town responsibilities. Cost/benefit ratio of the proposed PUD for the Town. Tentative time table and staging of development (schedule of construction). Applicant shall pay an application fee as previously established by the Town. After the Planning and Zoning Commission makes its findings, the application will be forwarded to the Town Council for consideration. If the Council finds that the proposal has merit, it will be conditionally approved. Preliminary site plan. The developer shall submit the following to the Planning and Zoning Commission for its review after receiving conditional approval from the Town Council: The 10 copies of a preliminary site plan shall be filed with the Town. The preliminary site plan shall comply with the requirements of this section and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Town Council and the Planning and Zoning Commission. The Zoning Administrator shall review the site plan for compliance with the requirements of this chapter. Before returning the preliminary site plan to the Planning and Zoning Commission and Town Council, the Zoning Administrator shall consult with such Town officials as may be appropriate, and may offer such comments as may be appropriate. Preliminary site plan shall show: The proposed title of the project and name of the engineer, architect, designer or landscape architect, planner and developer. The North point, scale, and date. The scale of the site plan shall be as follows: For projects containing more than 10 acres but less than 50 acres: not more than 50 feet to one inch. For projects containing 10 acres or less: not more than 20 feet to one inch. For projects containing 50 acres to 200 acres: not more than 100 feet to one inch. For projects containing more than 200 acres: not more than 200 feet to one inch. The boundaries of the property involved, county and municipal boundaries, the general location of all existing easements, property lines, existing streets, buildings or waterways, and other existing physical features in or adjoining the project. The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures in or near the project. The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas (including number of parking and loading spaces) and outdoor lighting systems. The general location of proposed lots, setback lines and easements, and proposed reservations for parks, parkways, walkways, cycleways, playgrounds, school sites, and open spaces. The location of buildings with respect to each other, to lot lines, and to major excavations, drawn to scale, but full dimensioning is not required on the preliminary plan. The approximate height of proposed buildings and structures (accessory and main). Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary. General location, height, and material of all fences, walls, screen planting, and landscaping and management thereof. Proposed location and character of nonresidential uses or commercial uses, accessory or main. General location, character, size, height and orientation of proposed signs, and management thereof. A tabulation of the total number of acres in the project (gross or net as required in the zone regulations) and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other reservations. A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre (gross or net as required by zone regulations). Schedule of construction or timetable (acceptable to the Town Council and Planning and Zoning Commission). The developer shall provide a statement detailing the means by which the PUD and all its various aspects shall be managed. This shall include deed restrictions and covenants designed to ensure perpetuity of agreements. The developer shall provide a complete topographic drawing of the proposed plan acceptable to the Soil Conservation Service. (Specific requirements will be obtained from the Soil Conservation Service Office). The developer, after consultation with the Soil Conservation Services, will develop a complete sediment and stormwater plan to be reviewed and approved by the Soil Conservation District. The preliminary site plan shall also include a management statement governing the construction, operation, and maintenance of: Sanitary and storm sewers, water mains, culverts, and other underground structures. Streets, alleys, driveways, curb cuts, entrances and exits, parking and loading area, and outdoor lighting systems. Parks, parkways, cycleways, playgrounds, open spaces, fences, walls, screen planting, and landscaping and signs. The Planning and Zoning Commission and/or Town Council may establish additional requirements for preliminary site plans. After review and a public hearing on the proposed zoning, the Planning and Zoning Commission shall return the site plan, together with comments and recommendations to the Town Council for appropriate action. Accessory uses and structures. The following accessory uses and structures shall be located in the rear yard, unless otherwise provided herein or attached to or part of the main building: [Added 3-21-2019 by Ord. No. 03-2019] Small cell facility, provided it complies with the standards set forth in § 170-50. Other accessory uses and structures clearly incidental and customary to and associated with the permitted uses. Final review and approval procedure. The Town Council shall review the final preliminary site plan and other documents. The Town Council shall hold a public hearing in the manner required in § 170-62 of this chapter. The Town Council may approve or disapprove the proposed PUD zoning. In granting approval, the Council shall secure: A surety bond or equivalent to be filed for or deposited in escrow with the Town Council in an amount sufficient to ensure completion of all requirements established by the Town Council. Such surety to be reviewed annually and adjusted to reflect current costs. A final site plan in the form of a final plat shall be prepared, filed, and recorded. The final plat shall comply with the specifications of the Town Council, and the requirements of this section and applicable laws, regulations, and ordinances governing the subdivision of land. 2 Permits for building shall be issued in accordance with the schedule for construction approved by the Town Council as part of the final approval. When a PUD is to be developed in stages, each stage shall be processed as a separate development after first submitting and receiving approval of the PUD Zone for the entire project. As part of the final approval, the Town Council shall approve dates for initiation and completion of the PUD and/or its phases. Any departure from these dates shall constitute material breach of contract, and outstanding bonds can be called in. The Town Council can waive for cause. Conflict with other provisions. Provisions of the PUD Zone when found to be in conflict with other provisions of this chapter shall supersede those other provisions with which they conflict. Provisions of the PUD Zone when found to be in conflict with other provisions of Chapter 138, Subdivision Regulations, shall supersede those other provisions with which they conflict. Amendments to approved PUD applications. [Added 11-4-2021 by Ord. No. 12-2021] A property owner of a site subject to a PUD District may request an amendment to the terms and conditions of the District. Any request for an amendment shall be in writing and shall include the information specified in § 170-28B(11)(b). If the Zoning Administrator determines that the proposed amendment (1) does not involve a material change to the design approved by the Town Council and (2) otherwise complies with the terms of this chapter, the amendment request shall be approved by the Zoning Administrator. Any other amendment shall be subject to review by the Planning and Zoning Commission and Town Council according to the procedures set forth in § 104-28C. Material changes shall include the following: Proposed increase in residential density; Proposed increase of nonresidential floor area (less than 5% increase above existing total approved for the building in question, as specified in the original PUD, may be considered nonmaterial); Changes of use that are determined to be more intense; Elimination of an approved project amenity; Any proposed change which alters a condition of the PUD approval; Substitution of an amenity with a noncomparable amenity. Other changes of a similar scope or magnitude. Nonmaterial changes may include the following: Proposed substitution of species provided for landscaping (provided the new species serves the same function the original species was intended to serve). Relocation of residential units provided there are no environmental, traffic, etc., impacts as a result of such action. Relocation of site infrastructure (e.g., utilities, stormwater management) provided said relocation creates no adverse impact. Proposed change in architectural style or type from that which was indicated on approved PUD plans, subject to Planning Commission approval of said change (unless the PUD approval specifies a condition(s) concerning such architectural style or feature, in which case such a revision would constitute a material change). Addition of a park, open space or recreational amenity. Substitution of one project amenity with a comparable amenity. Substitution of a commercial use for another commercial use permitted in the PUD District (by right or by special exception, provided the special exception is approved by the Board of Appeals). Other changes of a similar scope or magnitude. If the Zoning Administrator determines that a proposed amendment is a nonmaterial change, he/she shall retain the right to have said amendment reviewed and approved/denied by the Planning and Zoning Commission. 1 Editor's Note: The Schedule of Zone Regulations is included as an attachment to this chapter. 2 Editor's Note: See Ch. 138, Subdivision Regulations. HISTORY Amended by Ord. 12-2025 on 9/18/2025 170-29 Planned Business Development District PBD Purpose. The purpose of the PBD Planned Business Development District is to encourage innovative and creative design of commercial, business and industrial development; facilitate use of the most advantageous construction techniques; and maximize the conservation and efficient use of open space and natural features. The districts are designed to further the purposes and provisions of the Comprehensive Plan and to conserve public fiscal resources; efficiently utilize public facilities; and provide a broad range of economic opportunities to present and future residents of the Town. Planned Business Development Districts, hereinafter called "PBD Districts," are defined, for the purpose of these regulations, as planned developments primarily for light industrial, commercial and business uses. PBD Districts are further defined as areas devoted to industrial, commercial and business uses which present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment. It is intended that PBD Districts be located in areas having all of the following: water and sewer facilities that meet applicable standards and are acceptable to the Council, access to one or more major highways, and clearly demonstrated suitability for intended uses insofar as physical characteristics and relationship to surrounding development are concerned. Conditions. Rezoning to PBD will be permitted only in accordance with a development plan which is recommended by the Planning and Zoning Commission and approved by the Council in accordance with the procedures contained within this chapter. Contents of development plan. Any application for the designation to a PBD District shall be accompanied by a development plan with drawings at a scale of not less than one inch equals 50 feet for plan details and not less than one inch equals 100 feet for the overall development plan unless otherwise appropriate. Development vicinity information. Vicinity map at a scale of not less than one inch to 2,000 feet. Adjacent property owners and zoning districts. Existing land uses of adjoining tracts. Existing and proposed streets and highways including names, present and projected conditions, and capacity of the street network. Location, description and analysis of present and projected utilities, such as water, sewer, refuse disposal and utilities which would service the subject site. Boundary survey and legal description of property including total area of the site. Topographic map with minimum contour intervals of two feet and a scale consistent with the development plan. Development site information. Type and amounts of land uses. On-site features such as structures, roads, utilities, easements, or rights-of-way. Development program for the entire tract, including: Type and amounts of land uses. Number, type and mix of uses. Development schedule for each phase. Development design information. Land use plan or plans showing location and arrangement of all proposed land uses, heights of buildings, setbacks and side yards, proposed internal and external traffic circulation (including widths, driveways, and access), pedestrian circulation, proposed open space dedications and easements. General landscaping and screening plan showing general types, location, and design of landscaping and screening. Covenants, restrictions, and conditions pertaining to the use, maintenance and operation of common open space. A tabular summary of percentage of site devoted to buildings, open space, streets and parking areas, and total floor area of all nonresidential structures. Plan showing proposed generalized parking arrangements. Architectural sketches of typical proposed structures and typical landscaping and screening areas. A plan or report indicating the extent, timing, and estimated costs of all off-site improvements such as roads, sewer and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development. A report or plan showing the adequacy of public facilities and services such as water, sewer, drainage, streets and roads to serve the proposed development. General plan for sedimentation and erosion control and stormwater management. Location within parent zoning district. The Planned Business Development (PBD) District may be permitted in any zoning district or it may be premapped consistent with the intent of the Comprehensive Plan of the Town of Centreville. General design standards. To further the intent of the district to provide an integrated Master Plan setting for uses in the PBD, all new development in a PBD shall be designed in accordance with the following: [Added 12-18-2001 by Ord. No. 10-01] Internal access streets should be provided to serve uses in a PBD. Individual access points for individual uses onto an existing collector or arterial roadway shall not be permitted. The landscaping plan that is required per § 170-29C(6)(b) above shall provide a continuous landscape pattern throughout the entire site. An overall landscape plan for the entire site shall be provided that provides for this continuity but also allows for flexibility as specific buildings and accessory uses are located within the site. To the maximum extent feasible, any provision of utilities, including but not limited to water, wastewater, storm drainage and stormwater management facilities shall be provided in a coordinated fashion to address the ultimate needs of the entire site. General regulations. Required area. Minimum area required for creation of a PBD District shall be 10 acres; provided, however, that when an initial PBD District has been created, incremental additions to such district shall consist of not less than five acres. Where individual lots or building sites are provided for lease or sale, the minimum area required shall be one acre. Permitted intensities. Maximum total floor area permissible in a Planned Business Development Park shall not exceed floor area ratio (FAR) 0.60 for the land area of the PBD, and no structure or structures shall cover more than 70% of the lot. Shape of Planned Business Development Districts. The shape of the district shall be suitable for the type of development proposed and shall facilitate safe and convenient ingress and egress as well as vehicular and pedestrian circulation within the district. Permitted accessory uses and structures: [Amended 3-21-2019 by Ord. No. 03-2019] Permitted accessory uses and structures shall be uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures, provided that no accessory building shall be constructed until construction of the principal building is completed and in use. Small cell facility, provided it complies with the standards set forth in § 170-50. Minimum off-street parking and loading. Provisions for off-street parking and loading shall conform to the appropriate requirements of Article IV. No space designated as required off-street parking or for the general public shall be used as an off-street loading space. Sign limitations. Signs shall be as required in Article IV, § 170-38. Required utilities. All structures shall be served by underground utility lines. Maximum height permitted. The maximum height of any structure shall be limited to 40 feet, except that industrial structures may be erected to a maximum height of 60 feet, provided that the structure is set back from street and lot lines a distance of not less than two feet for each one foot of height that it exceeds the forty-foot limit. Outdoor storage. Outdoor storage of equipment or materials shall be screened from any adjacent nonresidential use with a Buffer Yard D. Such screening shall be integrated into the overall landscape plan for the entire site. [Added 12-18-2001 by Ord. No. 10-01] Use, yard and open space requirements. Permitted uses. The following uses shall be permitted in any PBD District subject to the requirements and limitations of these regulations: Warehouse, storage and distribution establishments. Businesses engaged in repair and servicing, manufacturing, compounding, assembly, processing, and packaging operations, provided that: Such businesses do not create unfavorable or offensive conditions such as excessive noise, vibrations, dust, smoke, odor or glare; and/or Such businesses would not adversely affect the environment. Light manufacturing uses permitted in the I-1 Light Industrial District and mobile homes and modular housing and components. Building materials sales and lumberyards. Utilities. Construction, repair, sales and maintenance of watercraft. Retail, on-site sales, which are in conjunction with a manufacturing, repair or service business or industry. Commercial and business office buildings. Restaurants. Retail stores, shops and businesses including unified shopping centers. Government buildings and offices. Any use permitted in the C-3 District. One or more principal uses permitted herein located in a single building. Nursing home. [Added 2-18-2016 by Ord. No. 01-2016] Assisted living facility. [Added 2-18-2016 by Ord. No. 01-2016] Continuing care facility, which includes nursing home and assisted living facility uses. [Added 2-18-2016 by Ord. No. 01-2016] Multifamily dwellings, provided the dwellings are located on the same lot as an approved and licensed assisted living facility or continuing care facility and are designed for and rented to individuals over 55 years of age who are able to perform the activities of daily living or instrumental activities of daily living, but who may require occasional assistance with meal preparation, prescription management, housekeeping and adult day care. The number of multifamily dwellings shall not exceed the number of persons for which the assisted living or continuing care facility is licensed to provide care. [Added 1-5-2017 by Ord. No. 12-2016] Cannabis licensed dispensary, subject to the following provisions: [Amended 9-5-2024 by Ord. No. 09-2024] The boundaries of property used as a cannabis licensed dispensary shall be at least 100 feet from any property with a residential use; The boundaries of property used as a cannabis licensed dispensary shall be at least 500 feet from property with any pre-existing school, playground, recreation center, library, public park, or place of worship; The boundaries of property used as a cannabis licensed dispensary shall be at least 1000 feet from property with another cannabis licensed dispensary; A cannabis licensed dispensary shall not be permitted as an accessory use; and Parking requirements for a cannabis licensed dispensary shall be at least equivalent to the minimum parking requirements applicable to retail businesses. Agriculture (excluding dairy, pasturing, viticulture, animal and poultry husbandry). Agricultural use includes the growing and processing of cannabis authorized by and in accordance with a license issued by the State of Maryland. [Amended 3-18-2021 by Ord. No. 01-2021] Minimum yard and lot requirements. [Amended 1-5-2017 by Ord. No. 12-2016] Adjacent to public streets. No portion of any building shall be erected closer than 60 feet to any public street. No off-street parking or loading space shall be permitted in areas between buildings and arterial and major collector streets where vehicles in such spaces would be visible from said public streets. Off-street parking may be located in areas between buildings and minor collector roads, provided such parking areas are screened from minor collector roads as provided in Article III, § 170-29F(4). Adjacent to residential districts. No portion of any building shall be erected closer than 60 feet to any residential district boundary, and no off-street parking or loading space shall be closer than 30 feet to any residential district boundary. Open space. Minimum landscaped open space of any individual lot shall not be less than 15% of the lot area. Such landscaped open space shall be used to enhance the appearance of the lot. Site planning; external relationships. Site planning within the district shall provide for protection of individual lots from adverse surrounding influences, and for protection of surrounding areas from adverse influence existing within the district. Yards, fences, walls, or vegetative screening shall be provided where needed to protect residential districts or public streets from undesirable views, lighting, noise, or other off-site influences. In particular, outdoor storage, extensive off-street parking areas, and service areas for loading and unloading vehicles, and for storage and collection of refuse and garbage shall be effectively screened. Buffer yards shall be provided as described in Article IV, § 170-42. The Board of Appeals may grant the following uses as special exceptions: Research, experimental, testing and development activities. Telecommunications tower, provided it complies with the standards set forth in § 170-51. [Added 3-21-2019 by Ord. No. 03-2019] HISTORY Amended by Ord. 09-2024 on 9/5/2024 170-29.1 Traditional Neighborhood Development District - TND The TND District is intended to allow development consistent with design principles of a traditional neighborhood. A traditional neighborhood is compact; is designed for the human and pedestrian scale; provides a mix of residential uses including civic, small scale retail and open space uses in close proximity to one another in the neighborhood; is architecturally integrated; provides a mix of housing styles, types and sizes to accommodate a variety of households; is integrated into the surrounding communities; incorporates interconnected streets with sidewalks and bikeways and transit that offer multiple routes for motorists, pedestrians and bicyclists and provide for the connections of those streets to existing and future developments and incorporates significant environmental features into the design. TND District zoning is for areas designated in the Town Comprehensive Plan as Residential Future Land Use to be developed as TND and/or Master Planned Complete Neighborhood Development. A diversity of housing types and lot sizes is required to promote and facilitate projected requirements of people with different housing needs. TND developments shall only be permitted on parcels of 40 acres or greater. Parcels less than the minimum acreage may be developed as TND if they are contiguous to an existing TND zoned area and development on said parcels or tracts can be harmoniously integrated into the existing TND consistent with the requirements and purposes of this zone. The TND development shall have access to an existing or planned arterial or collector road, and be organized around a network of interconnected public streets in a grid pattern that establishes and forms a street hierarchy limited to collector, local/secondary streets, and alleys. The street network/hierarchy must be delineated by a Regulating Plan; TND developments have physical form (building styles and sizes, and lot sizes), as well as required open spaces that vary in character and intensity so as to the best integrate and interconnect with the surrounding neighborhood and community character. The TND development shall be served by adequate existing or planned infrastructure. Governmental uses and developments shall be exempt from any minimum size criteria (§170-29.1A.1), the requirements for a Regulating Plan and palette/pattern book (§170-29.1B.2), the intensity limitations and limitations on nonresidential development in comparison to residential development (§170-29.1.F.2), and the size limits applicable to TND Districts (§170-29.1.F.3). Although not required to submit a Regulating Plan or palette/pattern book, all government uses and developments shall submit a cohesive architectural plan to guide all government buildings and developments which shall be subject to Planning Commission review and approval and which shall include standards for compatible facades, colors, and architectural features and shall require the architecture to be "human scale", of excellent design and to use high quality building materials. Review procedures and guidelines. TND developments shall be submitted in accordance with the Town Subdivision Regulations and Zoning Ordinance. A Tentative Sketch Plan, Regulating Plan, and palette/pattern book for the entire TND development shall be submitted and approved by the Planning Commission and become a template for Preliminary Site and Subdivision Plans in accordance with the Town Subdivision Regulations and this Zoning Ordinance. In addition to the information required by the Subdivision Regulations, the Tentative Sketch Plan shall be accompanied by architectural renderings, a Preliminary Regulating Plan, a preliminary palette/pattern book, and other such information as may be required by the Planning Commission to determine consistency with Town of Centreville regulations and the Comprehensive Plan. A final Regulating Plan and final palette/pattern book shall be submitted and approved by the Planning Commission with the final site plan. Any amendments to the final Regulating Plan and/or final palette/pattern book shall be approved by the Planning Commission. A preliminary plat for the entire TND development shall be submitted to the Planning Commission in accordance with the Town Subdivision Regulations. In addition to the information required of the subdivision regulations, the preliminary plat shall be accompanied by preliminary architectural elevations, preliminary street cross-sections and other such information as may be required by the Planning Commission to determine consistency with these regulations and the Comprehensive Plan. The preliminary plat for the TND shall include site specific topography and the surveyed location of adjacent streets, sidewalks and water and sewer facilities. If the preliminary plat is approved by the Planning Commission, a site plan shall be submitted to the Planning Commission in accordance with the Town Zoning Ordinance. The site plan shall include the final construction drawings and final architectural plans. A TND may be developed in phases. If developed in phases, the Planning Commission shall require such information and mechanisms as they deem necessary to assure that the entire development is developed in accordance with the TND principles as indicated on the preliminary plat and tentative sketch plan. Said information and mechanisms may include, but are not limited to, deed restrictions, easements, and financial sureties. The requirements of this section apply to all proposed development within the TND zoning district. The Planning Commission may approve minor variations to the standards in this section as deemed appropriate, provided that the Planning Commission finds that the minor variations will still produce a development that complies with the intent of this zoning district, the development design standards and the Comprehensive Plan. When the provisions of these regulations conflict with other standards found in the Code of the Town of Centreville and/or the Development Design Standards, the more restrictive regulation shall apply. [Amended 11-4-2021 by Ord. No. 12-2021] Permitted uses. Uses not specifically listed are prohibited. Permitted uses shall be as follows: Residential Uses Single-family detached dwellings. Cottage Dwellings. Single-family attached: Two-family dwellings. Semi-attached dwellings. Townhouses. Multi-family dwellings. Residential uses above commercial, retail, and service uses Non-Residential Uses Places of Religious Assembly. Institutional/Civic spaces. Governmental uses (indoor and outdoor). Neighborhood Commercial, retail and service uses located on the ground floor Only within a TND greater than 200 acres, small Neighborhood Commercial centers, Planned Commercial Centers, and commercial, retail, and service buildings. Adult Day Care. Agricultural production of crops, plants, and flowers oriented to human consumption or retail sales, such as truck crops, orchards, vineyards, flowers and cutting gardens, and apiaries. No livestock and poultry husbandry or any other animals or fowls permitted. Agricultural production shall not be more than 15% of the total TND acreage. Only within a TND greater than 200 acres, Hotels. Continuing Care Facility. Nursing home. Common Open Space. Only within a TND greater than 200 acres, Offices. Assisted living facility. Bed-and-breakfasts as defined by §170-70. Private clubhouses having a building footprint smaller than 5,000 square feet and accessory swimming pools. Child care centers with a building footprint smaller than 5,000 square feet. Accessory uses shall be as permitted in the R-2 District. Special exceptions shall be as follows: Residential Uses Accessory dwelling units in conjunction with single family detached dwellings. Special needs housing. Non-Residential Uses Colleges and schools, public or private, having a curriculum and conditions under which teaching is conducted equivalent to a public school, and institutions of higher learning. Private active open space areas, including clubs, outdoor spaces, and swimming pools where the building footprint exceeds 5,000 square feet. Restaurant, Carry-out Restaurant, or Drive-Through Restaurant (only if located on Major Collector road) Micro Distillery. Nano Brewery. Solar array, subject to the provisions of §170-20C(11). Child-care centers with a building footprint larger than 5,000 square feet. Density and dimensional standards. [Amended 11-4-2021 by Ord. No. 12-2021] Number of dwelling units permitted. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows: The maximum residential density for a development tract shall not exceed eight (8) dwelling units per acre. A maximum of one accessory dwelling unit may be permitted on a single-family lot. However, the total number of accessory dwelling units shall not be more than 15% of the total number of single-family detached units. Dwelling units constructed above retail and service uses may be permissible and inclusive of the total number of dwelling units authorized under this section. Intensity Limitation: The maximum percentage of the TND property that can be nonresidential is up to ten percent (10%) of the gross TND area, with the exact percentage allowed subject to the review and approval of the Planning Commission. The Floor Area Ratio (FAR) for all nonresidential lots in each TND District shall not exceed 0.40. In addition to the Intensity Limitation above, Commercial, retail and service, and office uses shall be limited as follows: In TND developments less than 200 acres, the commercial, retail and service, and office uses shall be only Neighborhood Commercial and shall be of similar scale and massing as residential structures and shall not exceed 3,000 square feet ground floor area for each commercial, retail and service or office building. The scale and massing of other permitted use nonresidential buildings shall be reviewed and approved by the Planning Commission on a case-by-case basis. See Schedule of Zone Regulations for presumptive minimum lot size, lot widths, required yards, etc. Special regulations for two-family dwellings and townhouses shall be as regulated in the R-3 District. In TNDs less than 200 acres, no more than 16 dwelling units in one multifamily building are permitted. Design requirements. [Amended 11-4-2021 by Ord. No. 12-2021] General design requirements. A mix of residential dwelling types is required within a TND; however, not less than 50% of the total dwelling units must be single-family detached dwellings. A minimum of at least three of the following permitted housing types must be provided: single-family dwellings; cottage dwellings; two-family dwellings; townhouses and/or multifamily dwellings. The Planning Commission, through the development review process, shall require a reasonable provision of screening to shield adjacent residential uses from nonresidential and/or commercial uses or structures. Where more intense residential or nonresidential uses in the TND abut existing residential zoning, a minimum bufferyard is required, or alternatively, a rear alley providing access to existing lots may be used in place of a bufferyard as approved by the Planning Commission. Lot and block standards. All lots shall have frontage on a square or public street. All buildings, except accessory structures, shall have their main entrance onto a public street. Nonresidential structures shall abut sidewalks, except agricultural structures or agricultural accessory structures. Lot and building widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space. TND rectilinear street layout design shall provide for perimeter blocks that are generally in the range of 200 feet to 400 feet deep by 400 feet to 800 feet long. A variety of lot sizes shall be provided to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs. Minimum standards are set forth in Ch. 170 Attachment 2-Schedule of Zone Regulations. Circulation standards. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes, control but not prohibit through traffic, limit lot access to streets of lower traffic volumes, provide secondary access to parking and service areas with alleys and promote safe and efficient mobility through the TND. Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the TND. Where feasible, any existing pedestrian routes through the site shall be preserved, extended and enhanced. All streets, except for alleys shall be bordered by sidewalks on both sides in accordance with the Subdivision Regulations and the Development Design Standards. Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds. A street hierarchy shall be established for the TND development and shall be indicated on the tentative sketch plan (§138.11). Each street shall be classified and designed according to the Centreville street specifications as provided in § 138-39 of the Town Subdivision Regulations. Only Collector (major and minor), Secondary, and alley street types are permitted in the TND District, and as recommended by the Town Staff. The use of alleys is permitted, provided they are privately maintained in perpetuity and acceptable provisions are established to ensure their future private maintenance. Alley shall not be publicly owned or maintained. Alleys provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrower width to encourage limited on-street parking, or single side street parking. Alley access development is desired to increase residential densities, and allow dwelling units to be set closer to sidewalks. Alleys may also provide delivery access or alternate parking access to nonresidential properties. Private streets in a TND shall be discouraged, except that private alleys shall be permitted if they comply with (3) above. For any street in a TND, alternative right-of-way and pavement widths from those required by the Subdivision Regulations may be approved by the Planning Commission upon recommendation by Town Staff. Street layout standards. The TND should extend, straighten, and/or restore any disrupted street grid. In addition: Corner radii. The roadway edge at street intersections shall be rounded with a maximum radius of 15 feet for secondary streets and 20 feet for intersections involving collector streets. The intersection of a local street and an access lane or alley shall be rounded with a maximum radius of 10 feet. Curb cuts for driveways to individual residential lots shall be discouraged along collector streets. Curb cuts shall be limited to intersections with other streets or access drives to parking lots for commercial, civic or multifamily residential uses. The orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at public land, except secondary streets may terminate in stub streets when such streets act as connections to future phases of the development. Secondary streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus. Parking. Off-street parking lots in a TND shall comply with the subdivision regulations and the Development Design Standards. In addition: Adjacent on-street parking may apply toward the minimum parking requirements. A parking lot or garage may not be adjacent to or opposite a street intersection. One off-street parking space with unrestricted ingress and egress shall be provided for each accessory dwelling unit. The maximum number of parking spaces provided shall not exceed the minimum number required by more than 10% of the required parking standard. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and overflow parking areas for developments that have only periodic parking demand. Access for service vehicles should provide a direct route to service and loading dock areas while avoiding movement through parking lots. Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line. The vehicular entrance of a parking lot or garage from a public street shall be no wider than 30 feet. Parking lots shall have direct pedestrian connection to the building entry points especially if the parking is located along the side and/or behind the buildings. Designated pedestrian access shall be provided from all parking lots to the primary building entrances. Parking lots shall be designed to avoid dead-end aisles. Parking lots shall be separated from buildings by a landscaped strip, whenever possible, or a raised concrete walkway or pedestrian plaza. The maximum length of any row of parking shall be 10 parking spaces. Shared parking is encouraged between different uses with staggered peak parking demand in order to reduce the total number of spaces within the development. Parking lot screening and landscaping standards shall be provided in accordance with the Development Design Standards. Fifty-five-plus multifamily units shall be provided with two spaces per unit. Driveways shall be of a size sufficient to accommodate the required number of parking spaces without blocking adjoining sidewalks. Building location and orientation. The front facade of the principal building on any lot in a Traditional Neighborhood Development shall face a street, park, or square. The front facade of any building shall not be oriented to face directly toward a parking lot, unless specifically approved by the Planning Commission. Nonresidential development: Multiple buildings in a single project shall create a positive functional relationship to one another. Where possible, multiple buildings shall be clustered to achieve a "village" scale. This creates opportunities for plazas and pedestrian areas while preventing long "barracks-like" rows of buildings. When clustering is impractical, a visual link shall be established between buildings with the use of an arcade system, trellis, colonnade, covered walkways, landscaping, enhanced paving, building articulation and detailing, or similar features. Orienting buildings closer to the street to screen parking in the interior of the site and providing strong pedestrian connections to buildings is encouraged where appropriate (e.g., where it does not negatively impact any abutting residential areas). Architectural standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character. Site and building design standards are set forth in the Town of Centreville Development Design Standards. In addition: Entries, facades, scale and form. The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street or square. Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences. Residential garages. Except as provided in b. (5) below, all garages access will be from the rear or side lot line. Permitted garage access locations on a single-family housing lot include: [Amended 11-4-2021 by Ord. No. 12-2021] A detached rear garage accessed from a local street, or alley; An attached side garage accessed from the local street, or alley; An attached rear garage accessed from the local street, or alley; A detached rear garage, behind the house, accessed from the local street, or alley. An attached front-loaded garage consistent with the Required Standards and to the extent possible with the Encouraged Guidelines for the Location of Garages in the Town of Centreville Development Design Standards where the dwelling is not located on an arterial, major or minor collector road may be permitted by the Planning Commission. Front-loaded garages located on secondary streets or minor collectors shall meet minimum street width standards. [Amended 9-5-2024 by Ord. No. 06-2024] Signage. A comprehensive sign program is required for the entire Traditional Neighborhood Development, which establishes a uniform sign theme. Such sign program shall include architectural design standards for all signs and provisions regarding the permissible number of signs, sign types, sizes, locations, and illumination. The comprehensive sign program shall be submitted with the site plan and is subject to the review and approval of the Planning and Zoning Commission. [Amended 3-7-2019 by Ord. No. 01-2018] Lighting. Street lighting shall be provided on both sides of all streets at intervals of no greater than 75 feet or as otherwise provided upon the Planning Commission's finding that the proposed design meets the general intent of the Town Code and design standards. Lighting should be dark sky compliant. Lighting controls regulated by timers and motion sensors may be utilized as approved by the Town. [Amended 11-4-2021 by Ord. No. 12-2021] Parking lot poles should be located in medians or perimeter buffer areas wherever possible. Landscaping improvements should not conflict with the location of poles. Lighting should be provided to highlight entrances, art, terraces, and special landscape features; however, fixtures should be concealed to prevent glare. Storage, loading, and service areas. Loading docks, storage and service areas shall be located away from any public street in areas of low visibility such as the rear of buildings. Loading docks and service areas shall be combined to the extent feasible between multiple sites. Service entrances shall be clearly marked with signs to discourage the use of main entrances for deliveries. Buffers, street trees, and landscaping standards. All uses are subject to the Buffer and screening provisions of the Zoning Ordinance. Street trees shall be planted in accordance with the Subdivision Regulations. Common Open Space and recreation. Purpose. To ensure that open space and recreation areas are provided as an integral design element within TND developments and that such areas and facilities are of an adequate scale in relation to the size of the TND development and which provide residents a variety of active recreational pursuits and passive open space benefits. Area required. At least 25% of the gross acreage of the Traditional Neighborhood Development must be common open space. At least 35% of the minimum required common open space shall be dedicated as active open space. The following are illustrative of the types of civic/recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore count towards satisfaction of the active open space area requirements of the TND: village greens, plazas, squares, community gardens, play fields, ball courts, swings, pocket parks, playgrounds/tot lots, developed walking, jogging or biking trails, and similar civic/recreational uses. In the TND Open Space requirements are not inclusive of clubhouses, private clubs and lodges, or outdoor areas being required as part of an approved special exception. Permanent amenities in active open space areas include, but are not limited to, benches, picnic tables, amphitheaters, kiosks, fountains, monuments, bike racks, trash receptacles, and similar fixtures may be included. The areas used for stormwater management ponds, drainage swales, rain gardens or other BMPs for the retention, water quality improvement or release of stormwater shall not be automatically considered active recreation areas; however, the Planning Commission may approve the use of improved wet pond stormwater facilities such as we ponds and man-made ponds as active open space, as long as such facilities also provide recreational and scenic amenities, such as fountains, gazebos, bridges, seating areas, piers, perimeter trails, etc., and that the facilities be appropriately integrated into the landscape by location and landscaping. The Town encourages attractive integration of all stormwater facilities and BMPs into the TND design. Design requirements. The open space shall be consistent with the Town's plans for its park and open space system as set forth in the Comprehensive Plan, including the establishment of greenways. All residential lots shall be within 1/4 mile pedestrian travel distance from common active open space. Active open space areas shall be designed as a public gathering place and shall be located in a manner which affords reasonable access to all residents within the development. Active open space areas shall be dispersed throughout the development. Common Open Space should have an integration of Active and Passive Open Space inclusive of natural areas whenever practical. Open space and recreation areas shall be pedestrian oriented and designed with linkages to existing and planned public walkways and with other planned recreation areas. Other than Buffer Management Areas (Critical Area only), areas of restricted use by the residents of the TND shall not satisfy the open space requirements. Features that may be used to create open space areas acceptable to the Planning Commission may include, but are not limited to, fixed benches, fixed tables, fountains, pathways, bikeways, bicycle racks, period lighting, shade trees, perennial gardens, and/or picnic areas. Recreation facilities shall be designed and installed using National Recreation and Park Association (NRPA) standards, and in accordance with Accessible Recreation Facilities Guidelines. [Added 1-2-2014 by Ord. No. 13-2013] HISTORY Approved by Ord. 12-2025 TND Amendment on 9/18/2025 Ch 170 Art IIIA Critical Areas 170-30 Implementation Of The Critical Area Program Purpose And Goals 170-31 Definitions 170-31.1 Intensely Developed Areas 170-31.2 Limited Development Areas 170-31.3 Resource Conservation Areas 170-31.4 Land Use And Density 170-31.5 Supplemental Use Standards 170-31.6 Growth Allocation 170-31.7 Grandfathering 170-31.8 Variances 170-31.9 Lot Consolidation And Reconfiguration 170-31.10 Program Amendments 170-31.11 Enforcement 170-31.12 The One-Hundred-Foot Buffer 170-31.13 Buffer Management Area (BMA) Provisions 170-31.14 Other Habitat Protection Areas 170-31.15 Environmental Impact Assessment (EIA) Applicability [Added 1-17-2002 by Ord. No. 02-02 1 ; amended 7-16-2015 by Ord. No. 06-2015] 1 Editor's Note: This ordinance also repealed former §§ 170-30, Critical Area Overlay District O, and 170-31, Growth Allocation District GA, as amended. 170-30 Implementation Of The Critical Area Program Purpose And Goals Goals. The goals of the Town of Centreville Critical Area Program are to accomplish the following: minimize adverse impacts on water quality that result from pollutants that are discharged from structures or run off from surrounding lands; conserve fish, wildlife, and plant habitat; and establish land use policies for development in the Critical Area which accommodate growth as well as address the environmental impacts that the number, movement, and activities of people may have on the area. Town of Centreville Critical Area program. The Town of Centreville Critical Area Program consists of the Town of Centreville Zoning Ordinance and the Official Critical Area map(s). Related provisions may be found in the subdivision regulations. Regulated activities and applicability. Any applicant for a permit or license to pursue activities within the Critical Area, such as development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and drain field, operation of a waste collection or disposal facility, operation of a commercial or private marina or other water-related commercial or industrial operation (whether public or private), farming or other agriculturally related activities shall only have such permits or licenses issued by the Town after review and approval under this Critical Area Program. Responsible agency. All applications for local permits and licenses that are issued by the Town shall be made to the Town office. The office shall make available to all agencies involved in overseeing regulated activities a set of maps showing the location of all parcels of land in the Critical Area so that these agencies may identify affected properties subject to said referrals. Applications for timber harvesting shall be reviewed by the Department of Natural Resources and the District Forestry Board. Applications for mining and quarrying shall be reviewed by the County Office of Planning, Permits and Inspections and appropriate state agencies. Applications for farming or other agriculture-related activities shall be reviewed by the County Office of Planning, Permits and Inspections or the County Soil Conservation District Office, depending on the nature of the proposed activity. Appendix A provides a summary of activities that require notification to the Chesapeake Bay Critical Area Commission. 1 Process. Upon receiving the referred application, the Town staff, with the assistance of the Circuit Rider, shall review the application for compliance of the activity with the requirements of this program. If the activity is in compliance it shall be approved within 15 business days of its receipt by the office, and the applicant will be notified of the approval. If it is not in compliance, the applicant shall be notified within 15 business days with the reasons for noncompliance. Process for site plan review. All applications requiring site plan review shall follow the procedures outlined in the Zoning Ordinance § 170-47. State and local projects. For all development in the Critical Area resulting from state and local agency programs, the Town of Centreville shall adhere to COMAR Title 27, Subtitle 02. If applicable, consistency reports shall be submitted to the Chesapeake Bay Critical Area Commission. Critical Area Overlay District Map. The Official Critical Area Overlay District Map is maintained in force as part of the Official Zoning Map for the Town of Centreville. The Official Critical Area Map delineates the extent of the Critical Area Overlay District that shall include: All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the state wetland maps, and all state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland; and All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article of the Annotated Code of Maryland. Within the designated Critical Area Overlay District, all land shall be assigned one of the following land management and development area classifications: Intensely developed area (IDA). Limited development area (LDA). Resource conservation area (RCA). The Critical Area Overlay District Map may be amended by the Town Council in compliance with amendment provisions in this chapter, the Maryland Critical Area Law, and COMAR Title 27. Reasonable accommodations for the needs of disabled citizens. An applicant seeking relief from the Critical Area standards contained in this article in order to accommodate the reasonable needs of disabled citizens shall have the burden of demonstrating by a preponderance of evidence the following: The alterations will benefit persons with a disability within the meaning of the Americans with Disabilities Act; Literal enforcement of the provisions of this article would result in discrimination by virtue of such disability or deprive a disabled resident or user of the reasonable use and enjoyment of the property; A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this article or restore the disabled resident's or user's reasonable use or enjoyment of the property; The accommodation requested will not substantially impair the purpose, intent, or effect, of the provisions of this article as applied to the property; and The accommodation would be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation or other requirement; or would allow only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant/appellant. The Town Council shall determine the nature and scope of any accommodation under this article and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this article. The Council may also consider the size, location, and type of accommodation proposed and whether alternatives exist which accommodate the need with less adverse effect. The Town Council may require, as a condition of approval, that upon termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this article. Appropriate bonds may be collected or liens placed in order to ensure the Town's ability to restore the property should the applicant fail to do so. 1 Editor's Note: Appendix A is included as an attachment to this chapter. 170-31 Definitions Unless as defined herein, the Natural Resources Article of the State Code, or COMAR, the meaning of words defined elsewhere in this Code apply in this article. The following words have the following meanings for the purposes of implementing the Critical Area Program and the Centreville Zoning Ordinance, and the singular always includes the plural, and vice versa, except where such construction would be unreasonable: ABATEMENT. The act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity. ACCESSORY STRUCTURE. A structure that is detached from the principal structure, located on the same lot and clearly incidental and subordinate to a principal structure, or if there is no principal structure on the lot, a structure that is customarily incidental and subordinate to a principal use. ADDITION. Newly constructed area that increases the size of a structure. AFFORESTATION. The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover. AGRICULTURAL EASEMENT. A nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses. AGRICULTURE. All methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products. ANADROMOUS FISH. Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn. ANADROMOUS FISH PROPAGATION WATERS. Those streams that are tributary to the Chesapeake Bay and Atlantic Coastal bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources. AQUACULTURE Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments; Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and Cultivation methods include, but are not limited to, seed or larvae development and grow out facilities, fish ponds, shellfish rafts, rack and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquacultural practices. BEST MANAGEMENT PRACTICES (BMPs). Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures. BUFFER. Area that, based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of each bank of a tributary stream, or the landward edge of a tidal wetland; and the area exists in, or is established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. The Buffer includes an area of at least 100 feet even if that area was previously disturbed by human activity or is currently developed and also include any expansion for contiguous sensitive areas, such as a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in the COMAR 26.23.01.01. BUFFER MANAGEMENT PLAN. A narrative, graphic description, or plan of the Buffer that is necessary when an applicant proposes a development activity that will affect a portion of the Buffer, affect Buffer vegetation, or require the establishment of a portion of the Buffer in vegetation. "Buffer management plan" includes a major buffer management plan, a minor buffer management plan, and a simplified buffer management plan. BUFFER YARD. An area within a buffer management area that is at least 25 feet wide, located between a development activity and tidal waters, tidal wetlands, or a tributary stream, that is planted with vegetation consisting of native canopy trees, understory trees, shrubs, and perennial herbaceous plants in order to provide water quality and habitat benefits. This area is to be managed and maintained in a manner that optimizes these benefits. CANOPY TREE. A tree that, when mature, commonly reaches a height of at least 35 feet. CLUSTER DEVELOPMENT. A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder. COLONIAL NESTING WATER BIRDS. Herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is, colonize) in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances. COMAR. The Code of Maryland Regulations, as from time to time amended, including any successor provisions. COMMISSION. The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays. COMMUNITY PIERS. Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple family dwelling units. Private piers are excluded from this definition. COMPREHENSIVE OR MASTER PLAN. A compilation of policy statements, goals, standards, maps, and pertinent data relative to the past, present, and future trends of the local jurisdiction, including, but not limited to: population, housing, economics, social patterns, land uses, water resources and their use, transportation facilities and public facilities prepared by or for the planning board, agency, or office. CONFORMING. A parcel or lot that meets all Critical Area requirements. Conforming does not include a parcel or lot for which a Critical Area variance is sought or has been issued, or a lot that is located in the resource conservation area and comprises less than 20 acres of land area. CONSERVATION EASEMENT. A non-possessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use. CONSOLIDATION. A combination of any legal parcel of land or recorded legally buildable lot into fewer lots or parcels than originally existed. An application for consolidation may include a subdivision, lot line abandonment, boundary line adjustment, replatting request, or lot line adjustment. CRITICAL AREA. All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include: All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide as indicated on state wetland maps; All state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland; All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland; and Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. DENSITY. The number of dwelling units per acre within a defined and measurable area. DEVELOPED WOODLANDS. An area of trees or of trees and natural vegetation that is interspersed with residential, commercial, industrial or recreational development. DEVELOPER. A person who undertakes development activity as defined in this Program; or a person who undertakes development activity as defined in the Criteria of the Commission. DEVELOPMENT ACTIVITIES. Human activity that results in disturbance to land, natural vegetation, or a structure; it includes the construction or substantial alteration of residential, commercial, industrial, institutional or transportation facilities or structures. DEVELOPMENT ENVELOPE. Includes an individually owned lot, the lot coverage on that individually owned lot, a road, a utility, a stormwater management measure, an onsite sewage disposal measure, any area subject to human use such as an active recreation area, any required buffers, and any additional acreage necessary to meet the requirements of the Program. DISTURBANCE. An alteration or change to the land. It includes any amount of clearing, grading, or construction activity. Disturbance does not include gardening or maintaining an existing grass lawn. DOCUMENTED BREEDING BIRD AREAS. Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques. DWELLING UNIT. A single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. Dwelling unit includes a living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence. ECOSYSTEM. A more or less self-contained biological community together with the physical environment in which the community's organisms occur. ENDANGERED SPECIES. Any species of fish, wildlife, or plants that have been designated as endangered by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources are determined to be in jeopardy. This includes any species determined to be an "endangered" species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended. ENVIRONMENTAL SITE DESIGN (ESD). Using small-scale stormwater management practices, nonstructural techniques, and site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources, and using design methods specified in the State Stormwater Management Design Manual. ESTABLISHMENT. The planting or regeneration of native vegetation throughout the Buffer. EXCESS STORMWATER RUN-OFF. All increases in stormwater resulting from: An increase in the imperviousness or lot coverage of the site, including all additions to buildings, roads, and parking lots; Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas; Alteration of drainageways, or regrading of slopes; Destruction of forest; or Installation of collection systems to intercept street flows or to replace swales or other drainageways. FINANCIAL ASSURANCE. A performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the Town. FISHERIES ACTIVITIES. Commercial water-dependent fisheries facilities including structures for the parking, processing, canning, or freezing of finfish, crustaceans, mollusks, and amphibians and reptiles, and also including related activities such as wholesale and retail sales product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations. FOREST. A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Forest includes areas that have at least 100 trees per acre with at least 50% of those trees having two-inch or greater diameter at 4.5 feet above the ground and forest areas that have been cut, but not cleared. Forest does not include orchards. FOREST INTERIOR DWELLING BIRDS. Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers). FOREST MANAGEMENT. The protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc. FULLY ESTABLISHED. The Buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration. GRANDFATHERED PARCEL or GRANDFATHERED LOT. A parcel of land that was created or a lot created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985. GROWTH ALLOCATION. The number of acres of land in the Critical Area that the Town may use, or allocate to municipal jurisdictions to use, to create new intensely developed areas and new limited development areas. The growth allocation is 5% of the total resource conservation area acreage in Queen Anne's County at the time the Critical Area Commission approved the County's original Critical Area Program, not including tidal wetlands or land owned by the federal government. HABITAT PROTECTION PLAN. A plan that provides for the protection and conservation of the species and habitats identified as habitat protection areas in the Critical Area. The plan shall be specific to the site or area where the species or its habitat is located and shall address all aspects of a proposed development activity that may affect the continued presence of the species. These include, but are not limited to, cutting, clearing, alterations of natural hydrology, and increases in lot coverage. In developing the Plan, an applicant shall coordinate with the Department of Natural Resources to ensure that the Plan is adequate to provide for long-term conservation and can be effectively implemented on the specific site. HAZARDOUS TREE. A tree with a structural defect, such as a crack, canker, weak branch union, decay, dead wood, root damage, or root disease, that decreases the structural integrity of the tree and which, because of its location, is likely to fall and cause personal injury or property damage, including acceleration of soil erosion; or based on its location in the landscape, a healthy tree that, with continued normal growth, will damage an existing permanent structure or significantly increase the likelihood of soil erosion. "Hazardous tree" does not include a tree for which the likelihood of personal injury, property damage, or soil erosion can reasonably be eliminated or significantly diminished with routine and proper arboricultural practices, such as regular watering, application of fertilizer or mulch, and pruning; or by relocation of property that is likely to be damaged. HIGHLY ERODIBLE SOILS. Those soils with a slope greater than 15%; or those soils with a K value greater than .35 and with slopes greater than 5%. HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA. An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times. HYDRIC SOILS. Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils. HYDROPHYTIC VEGETATION. Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985), which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats). IMMEDIATE FAMILY. A father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter. IN-KIND REPLACEMENT. Removal of a permanent structure and the construction of another permanent structure that is smaller than or identical to the original structure in use, footprint, area, width, and length. INTENSELY DEVELOPED AREA. An area of at least 20 acres or the entire upland portion of the Critical Area within a municipal corporation, whichever is less, where residential, commercial, institutional, or industrial developed land uses predominate, and a relatively small amount of natural habitat occurs. These areas include: an area with a housing density of at least four dwelling units per acre; an area with public water and sewer systems with a housing density of more than three dwelling units per acre. INVASIVE SPECIES. A species that is nonnative or alien to the ecosystem under consideration whose introduction causes or is likely to cause economic or environmental harm or harm to human health. K VALUE. The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined. LAND CLEARING. Any activity that removes the vegetative ground cover. LANDWARD EDGE. The limit of a site feature that is furthest away from a tidal water, tidal wetland, or a tributary stream. LARGE SHRUB. A shrub that, when mature, reaches a height of at least six feet. LEGALLY DEVELOPED. All physical improvements to a property that existed before Critical Area Commission approval of a local program, or were properly permitted in accordance with the provisions of the local program in effect at the time of construction. LIMIT OF DISTURBANCE. The area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance. LIMITED DEVELOPMENT AREA. An area with a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre; an area with a public water or sewer system; an area that is not dominated by agricultural land, wetland, forests, barren land, surface water, or open space; or an area that is less than 20 acres and otherwise qualifies as an intensely developed area under the definition in this Program. LIVING SHORELINE. A suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal process, and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters, or other natural components. LOCAL SIGNIFICANCE. Development of a minor scale, which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located; does not substantially affect the Critical Area Program of the Town; and is not considered to be major development as defined in this Program. LOT COVERAGE. The percentage of a total lot or parcel that is: occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or covered with a paver, walkway gravel, stone, shell, impermeable decking, permeable pavement, or any other manmade material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck, but does not include: a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the Buffer or expanded Buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely. MAJOR DEVELOPMENT. Development of a scale that may cause statewide, regional, or inter-jurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts on the Critical Area Program of a local jurisdiction. This development includes, but is not limited to, airports, power plants, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities. MARINA. Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities. MEAN HIGH WATER LINE (MHWL). The average level of high tides at a given location. MITIGATION. An action taken to compensate for adverse impacts to the environment resulting from development, development activity, or a change in land use or intensity. MODIFIED BUFFER AREA. An area officially mapped by the County and approved by the Critical Area Commission as a modified Buffer area, where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development prevents the Buffer from fulfilling its water quality and habitat functions, and where development in accordance with specific MBA provisions can be permitted in the Buffer without a variance. NATIVE PLANT. A species that is indigenous to the physiographic area in Maryland where the planting is proposed. NATURAL HERITAGE AREA. Any communities of plants or animals which are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources. NATURAL REGENERATION. The natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity. NATURAL VEGETATION. Those plant communities that develop in the absence of human activities. NEW DEVELOPMENT. For purposes of implementing specific provisions of this Program, new developments (as opposed to redevelopment) means a development activity that takes place on a property with pre-development imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985. NON-POINT SOURCE POLLUTION. Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Non-point source pollution is not generally corrected by end-of-pipe treatment, but rather by changes in land management practices. NON-WATER-DEPENDENT PROJECT. A temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over state or private wetlands. A non-water-dependent project includes: A dwelling unit on a pier; A restaurant, a shop, an office, or any other commercial building or use on a pier; A temporary or permanent roof or covering on a pier; A pier used to support a non-water-dependent use; and A small-scale renewable energy system on a pier, including: A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment; A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and A wind energy system and its wind turbine, tower, base or other necessary equipment. A non-water-dependent project excludes: A fuel pump or other fuel dispensing equipment on a pier; A sanitary sewage pump or other wastewater removal equipment on a pier; or An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations. NONTIDAL WETLANDS. Those areas regulated under Subtitle 9 of the Environment Article that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989 and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland. OFFSETS. Structures or actions that compensate for undesirable impacts. OPEN SPACE. Land and water areas retained in an essentially undeveloped state. PERMANENT DISTURBANCE. A material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity. Permanent disturbance includes: construction or installation of any material that will result in lot coverage; construction of a deck; grading that does not otherwise qualify as a temporary disturbance; and clearing of a tree, forest, or developed woodland that does not otherwise qualify as a temporary disturbance. "Permanent disturbance" does not include a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required. PERSON. An individual, partnership, corporation, contractor, property owner, or any other person or entity. PHYSIOGRAPHIC FEATURES. The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities. PIER. Any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure. Pier does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands. PLANT HABITAT. A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics. PORT. A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce. PRINCIPAL STRUCTURE. The primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling. PROGRAM AMENDMENT. Any change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a program refinement. PROGRAM REFINEMENT. Any change or proposed change to an adopted program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in a manner consistent with the adopted Program, or that will not significantly affect the use of land or water in the Critical Area. Program refinement may include: A change to an adopted Program that results from state law; A change to an adopted Program that affects local processes and procedures; A change to a local ordinance or code that clarifies an existing provision; and A minor change to an element of an adopted Program that is clearly consistent with the provisions of state Critical Area law and all the Criteria of the Commission. PROJECT APPROVALS. The approval of development, other than development by the state or local government, in the Chesapeake Bay Critical Area by the appropriate local approval authority. The term includes approval of subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits. The term does not include building permits. PROPERTY OWNER. A person holding title to a property or two or more persons holding title to a property under any form of joint ownership. PUBLIC WATER-ORIENTED RECREATION. Shore-dependent recreation facilities or activities provided by public agencies that are available to the general public. RECLAMATION. The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies. RECONFIGURATION. A change of the configuration of an existing lot or parcel line of any legal parcel of land or recorded legally buildable lot. An application for reconfiguration may include a subdivision, a lot line adjustment, a boundary line adjustment, a replatting request, or a revision of acreage to increase density. REDEVELOPMENT. The process of developing land which is or has been developed. For purposes of implementing specific provisions of this program, redevelopment (as opposed to new development) means a development activity that takes place on property with predevelopment imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater. REFORESTATION. The establishment of a forest through artificial reproduction or natural regeneration. RESOURCE CONSERVATION AREA. An area that is characterized by nature dominated environments, such as wetlands, surface water, forests, and open space; and resource-based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource conservation areas include areas with a housing density of less than one dwelling per five acres. RESOURCE UTILIZATION ACTIVITIES. Any and all activities associated with the utilization of natural resources such as agriculture, forestry, surface mining, aquaculture, and fisheries activities. RESTORATION. The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area. RIPARIAN HABITAT. A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands. ROAD. A public thoroughfare under the jurisdiction of the state, a county, a municipal corporation, or any other public body. Road does not include a drive aisle or a driveway. SHORE EROSION PROTECTION WORKS. Those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area. SIGNIFICANTLY ERODING AREAS. Areas that erode two feet or more per year. SMALL SHRUB. A shrub that, when mature, reaches a height no greater than six feet. SPECIES IN NEED OF CONSERVATION. Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article §§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland. STEEP SLOPES. Slopes of 15% or greater. STRUCTURE. Building or construction materials, or a combination of those materials that are purposely assembled or joined together on or over land or water. Structure includes a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo, or shelter for the purpose of marine access, navigation, working, eating, sleeping, or recreating. SUBSTANTIAL ALTERATION. Any repair, reconstruction, or improvement of a principal structure, where the proposed footprint equals or exceeds 50% of the existing principal structure. SUPPLEMENTAL PLANTING PLAN. A description and landscape schedule that shows the proposed species type, quantity, and size of plants to be located within a Buffer if natural regeneration does not meet the required stem density. TEMPORARY DISTURBANCE. A short-term change in the landscape that occurs as part of a development or redevelopment activity. Temporary disturbance includes: storage of materials that are necessary for the completion of the development or redevelopment activity; construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the development or redevelopment activity and the area is restored to its previous vegetative condition; and grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity. Temporary disturbance does not include: a septic system in a forest or developed woodland on a lot created before local program approval, if clearing is required. Temporary disturbance also does not include a violation. THREATENED SPECIES. Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources that appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a threatened species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1431 et seq., as amended. TOPOGRAPHY. The existing configuration of the earth's surface including the relative relief, elevation, and position of land features. TRANSITIONAL HABITAT. A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas. TRANSPORTATION FACILITIES. Anything that is built, installed, or established to provide a means of transport from one place to another. TRIBUTARY STREAM. A perennial stream or intermittent stream within the Critical Area that has been identified by site inspection or in accordance with local program procedures approved by the Critical Area Commission. UNDERSTORY. The layer of forest vegetation typically located underneath the forest canopy. UNDERSTORY TREE. A tree that, when mature, reaches a height between 12 and 35 feet. UNWARRANTED HARDSHIP. Without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested. UPLAND BOUNDARY. The landward edge of a tidal wetland or nontidal wetland. UTILITY TRANSMISSION FACILITIES. Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines. WATER-BASED AQUACULTURE. The raising of fish and shellfish in any natural, open, free-flowing water body. WATER-DEPENDENT FACILITIES. Those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer. An activity is water-dependent if it cannot exist outside the Buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to: ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. WATER-USE INDUSTRY. An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes. WATERFOWL. Birds that frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals. WILDLIFE CORRIDOR. A strip of land having vegetation that provides habitat and safe passage for wildlife. WILDLIFE HABITAT. Those plant communities and physiographic features that provide food, water, cover, and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals in the Critical Area. 170-31.1 Intensely Developed Areas Development standards. For all development activities in the intensely developed areas, the applicant shall identify any environmental or natural feature described below and meet all of the following standards in addition to applicable COMAR requirements: Development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation; All roads, bridges, and utilities are prohibited in a habitat protection area, unless no feasible alternative exists. If a road, bridge or utility is authorized the design, construction, and maintenance shall: Provide maximum erosion protection; Minimize negative impact on wildlife, aquatic life, and their habitats; and Maintain hydrologic process and water quality. All development activities that must cross or affect streams shall be designed to: Reduce increases in flood frequency and severity that are attributable to development; Retain tree canopy so as to maintain stream water temperature within normal variation; Provide a natural substrate for stream beds; and Minimize adverse water quality and quantity impacts of stormwater. All development and redevelopment activities shall include stormwater management technologies and ESD that reduces pollutant loadings by at least 10% below the level of pollution on the site prior to development or redevelopment as provided in Critical Area 10% Rule Guidance Manual — Fall 2003, and as may be subsequently amended. 170-31.2 Limited Development Areas Development standards. For all development activities in the limited development areas, the applicant shall identify any environmental or natural feature described below, and shall meet all of the following standards: Development and redevelopment shall be subject to the water-dependent facilities requirements of this article; Roads, bridges, and utilities are prohibited in a habitat protection area unless no feasible alternative exists. If a road, bridge or utility is authorized the design, construction and maintenance shall: Provide maximum erosion protection; Minimize negative impacts on wildlife, aquatic life and their habitats; and Maintain hydrologic processes and water quality. All development activities that must cross or affect streams shall be designed to: Reduce increases in flood frequency and severity that are attributable to development; Retain tree canopy so as to maintain stream water temperature within normal variation; Provide a natural substrate for stream beds; and Minimize adverse water quality and quantity impacts of stormwater. If there is a wildlife corridor system identified by the Wildlife Heritage Service on or near the site which can be enhanced by additional plantings, the applicant shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include habitat protection areas identified in this article. The Town shall ensure the maintenance of the wildlife corridors by requiring the establishment of conservation easements, restrictive covenants, or similar instruments approved by the Municipality attorney through which the corridor is preserved by public or private groups, including homeowners' associations, nature trusts and other organizations. Development on slopes of 15% or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for limited development areas. Except as otherwise provided in this subsection, for stormwater runoff, lot coverage is limited to 15% of a lot or parcel or any portions of a lot or parcel that are designated LDA. If a parcel or lot of one-half acre or less in size existed on or before December 1, 1985, then lot coverage is limited to 25% of the parcel or lot. If a parcel or lot greater than one-half acre and less than one acre in size existed on or before December 1, 1985, then lot coverage is limited to 15% of the parcel or lot. If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then lot coverage may exceed 15% of the individual lot; however the total lot coverage for the entire subdivision may not exceed 15%. Lot coverage limits provided in Subsection A(6)(a) and Subsection A(6)(b) above may be exceeded, upon findings by the Planning and Zoning Commission or its designee that the following conditions exist: The lot or parcel is legally nonconforming. A lot or parcel legally developed as of July 1, 2008 may be considered legally nonconforming for the purposes of lot coverage requirements. Lot coverage associated with new development activities on the property have been minimized; For a lot or parcel one-half acre or less in size, total lot coverage does not exceed the lot coverage limits in Subsection A(6)(a) by more than 25% or 500 square feet, whichever is greater; For a lot or parcel greater than one-half acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection A(6)(b) or 5,445 square feet, whichever is greater; The following table summarizes the limits set forth in Subsection A(6)(d)[1] through Subsection A(6)(d)[4] above: Table A(6)(d) Lot Coverage Limits Lot/Parcel Size (Square Feet) Lot Coverage Limit 0 to 8,000 25% of parcel + 500 SF 8,001 to 21,780 31.25% of parcel 21,781 to 36,300 5,445 SF 36,301 to 43,560 15% of parcel If the Town Council or its designee makes the findings set forth in Subsection A(6)(d) above and authorizes an applicant to use the lot coverage limits set forth in that paragraph, the applicant shall: demonstrate that water quality impacts associated with runoff from the development activities that contribute to lot coverage have been minimized through site design considerations or the use of best management practices to improve water quality; and provide on-site mitigation in the form of plantings to offset potential adverse water quality impacts from the development activities resulting in new lot coverage. The plantings shall be equal to two times the area of the development activity. If the applicant cannot provide appropriate stormwater treatment and plantings due to site constraints, then the applicant shall pay a fee to the Town in lieu of performing the on-site mitigation. The amount of the fee shall be $1.50 per square foot of the required mitigation. The alteration of forest and developed woodlands shall be restricted and shall be mitigated as follows: The total acreage in forest and developed woodlands within the Town in the Critical Area shall be maintained or preferably increased; All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis; If an applicant is authorized to clear more than 20% of a forest or developed woodlands on a lot or parcel, the applicant shall replace the forest or developed woodlands at 1.5 times the areal extent of the forest or developed woodlands cleared, including the first 20% of the forest or developed woodlands cleared. An applicant may not clear more than 30% of a forest or developed woodlands on a lot or parcel, unless the Board of Appeals grants a variance and the applicant replaces forest or developed woodlands at a rate of three times the areal extent of the forest or developed woodlands cleared. If an applicant is authorized to clear any percentage of forest or developed woodland the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments approved by the Town. The following are required for forest or developed woodland clearing as required in Subsection A(7) above: The applicant shall ensure that any plantings that die within 24 months of installation shall be replaced. A performance bond in an amount determined by the Town shall be posted to assure satisfactory replacement as required in Subsection A(7) above and plant survival; A permit issued by the Town before forest or developed woodland is cleared. Forests and developed woodlands which have been cleared before obtaining a Town permit is a violation and shall be replanted at three times the areal extent of the cleared forest; Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection A(7) above shall be replanted at three times the areal extent of the cleared forest; If the areal extent of the site limits the application of the reforestation standards in this section the applicant may be allowed to plant offsite or pay a fee in lieu of planting. For unauthorized clearing, cutting, or removal of vegetation that does not exceed the area that could be authorized in accordance with this article, fines shall be assessed in the amount of $250 for each occurrence and reforestation shall be required on an equal area basis if less than 20% of the forest cover is removed. For clearing between 20% and 30% of the existing forest cover, reforestation shall be required at 1.5 times the total surface acreage of forest cleared. For unauthorized clearing, cutting, or removal of vegetation that exceeds the area that could be authorized in accordance with this article, fines shall be assessed at $250 for each occurrence and reforestation shall be required at three times the total surface acreage of forest cleared. If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodland cover of at least 15%. The applicant shall designate, subject to the approval of the Town, a new forest area on a part of the site not forested; and The afforested area shall be maintained as forest cover through easements, restrictive covenants or other protective instruments approved by the Town Attorney. 170-31.3 Resource Conservation Areas Development standards. For all development activities and resource utilization in the resource conservation areas, the applicant shall meet all of the following standards: Land use management practices shall be consistent with the policies and criteria for the habitat protection area provisions of this article. Land within the resource conservation area may be developed for residential uses at a density not to exceed one dwelling unit per 20 acres. Development activity within the resource conservation areas shall be consistent with the requirements and standards for limited development areas as specified in this article. Nothing in this section shall limit the ability of a participant in any agricultural easement program to convey real property impressed with such an easement to family members provided that no such conveyance and will result in a density greater than one dwelling unit per 20 acres. 170-31.4 Land Use And Density Permitted uses. Permitted uses in the Critical Area shall be limited to those uses allowed by the underlying zoning classification as modified by Table (1)(a), Permitted Uses, and the supplemental use standards in § 170-31.5, provided such uses meet all standards established by the Critical Area Overlay Zone. Table A(1)(a) Permitted Uses LEGEND: P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district NP = Not permitted Land Use Management Designation Item Use Description IDA LDA RCA 1.00 RESIDENTIAL 1.10 Accessory dwelling unit P P PC 2.00 INSTITUTIONAL 2.10 Existing institutional uses P P PC 2.20 New institutional uses P P NP 2.30 Cemetery P P PC 2.40 Group home P P PC 2.50 Day care P P PC 3.00 COMMERCIAL 3.10 Existing commercial uses P P PC 3.20 New commercial uses P P NP 3.30 Home occupation P P PC 3.40 Bed and breakfast facility P P PC 4.00 MARITIME/WATER DEPENDENT 4.10 Expansion of existing commercial marinas P P PC 4.20 New marina, commercial P P NP 4.30 Community piers and noncommercial boat docking and storage P P PC 4.40 Public beaches and public water-oriented recreational and educational areas P P PC 4.50 Research areas P P PC 4.60 Fisheries activities P P P 4.70 Structures on piers PC PC PC 4.80 Private pier P P P 5.00 RECREATIONAL 6.00 INDUSTRIAL 6.10 Existing industrial uses P P PC 6.20 New industrial uses P P PC 6.30 Non-maritime heavy industry P PC NP 7.00 TRANSPORTATION/PARKING/ COMMUNICATIONS/UTILITIES 7.10 Utility transmission facilities P NP NP 8.00 PUBLIC/QUASI-PUBLIC 8.10 Sludge facilities PC PC PC 9.00 OTHER Maximum permitted density. The maximum permitted density in the Town Critical Area shall be as shown in Table B(1), Maximum Residential Density. Table B(1) Maximum Residential Density (Dwelling Units Per Acre) Land Use Management Designation IDA LDA RCA Density permitted by Underlying Zoning Density permitted by Underlying Zoning 1 dwelling unit per 20 acres Calculation of one-in-twenty acre density of development. In calculating the one-in-twenty acre density of development that is permitted on a parcel located within the resource conservation area, the Town: Shall count each dwelling unit; May permit the area of any private wetlands located on the property to be included under the following conditions: The density of development on the upland portion of the parcel may not exceed one dwelling unit per eight acres; and The area of private wetlands shall be estimated on the basis of vegetative information as designated on the state wetlands maps or by private survey approved by the Town, the Commission, and Maryland Department of the Environment. 170-31.5 Supplemental Use Standards The following supplemental use standards apply to the permitted uses listed in Table A(1)(a) above and shall apply when the permitted use is allowed in the underlying zoning district. Accessory dwelling unit (1.10). If a permitted use in the underlying zoning district, one additional dwelling unit (accessory dwelling unit) as part of a primary dwelling unit may be permitted in the resource conservation area provided the additional dwelling unit is served by the same sewage disposal system as the primary dwelling unit and: Is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit and does not exceed 900 square feet in total enclosed areas; or Is located within the primary dwelling unit and does not increase the amount of lot coverage already attributed to the primary dwelling unit. An additional dwelling unit meeting all of the provisions of this section may not be subdivided or conveyed separately from the primary dwelling unit; and The provisions of this section may not be construed to authorize the granting of a variance, unless the variance is granted in accordance with the variance provisions contained herein. Existing institutional uses (2.10). Existing institutional facilities, including those that directly support agriculture, forestry, aquaculture or residential development shall be allowed in resource conservation areas. Expansion of existing institutional facilities and uses in the resource conservation area shall be subject to the nonconforming use provisions of this article and the grandfathering provisions in Part 8 and may require growth allocation. New institutional uses (2.20). New institutional facilities and uses, except those specifically listed shall not be permitted in resource conservation areas. Certain institutional uses may be permitted if allowed in the underlying zoning district and if the use complies with all requirements for such uses as provided in the Town Zoning Ordinance. These institutional uses are limited to: A cemetery that is an accessory use to an existing church; provided manmade lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less; A day-care facility in a dwelling where the operators live on the premises and there are no more than eight children; A group home or assisted living facility with no more than eight residents; and Other similar uses determined by the Municipality and approved by the Critical Area Commission to be similar to those listed above. Existing commercial uses (3.10). Existing commercial facilities and uses, including those that directly support agriculture, forestry, aquaculture or residential development shall be allowed in resource conservation areas. Expansion of existing commercial facilities and uses in the resource conservation area shall be subject to the nonconforming use provisions of this article and the grandfathering provisions in Part 8 and may require growth allocation. New commercial uses (3.20). New commercial uses, except those specifically listed, shall not be permitted in resource conservation areas. Certain commercial uses may be permitted if allowed in the underlying zoning district and if the use complies with all requirements for such uses as provided in the Town Zoning Ordinance. These commercial uses are limited to: A home occupation as an accessory use on a residential property and as provided for in the Town's Zoning Ordinance; A bed-and-breakfast facility located in an existing residential structure and where meals are prepared only for guests staying at the facility; and Other uses determined by the Municipality and approved by the Critical Area Commission to be similar to those listed above. Expansion of existing commercial marinas (4.10). Expansion of existing commercial marinas may be permitted within resource conservation areas provided: Water quality impacts are quantified and appropriate best management practices that address impacts are provided; That it will result in an overall net improvement in water quality at or leaving the site of the marina; The marina meets the sanitary requirements of the Department of the Environment; and Expansion is permitted under the nonconforming use provisions of this article. Expansion of existing commercial marinas may be permitted in the Buffer in the intensely developed areas and limited development areas provided that the applicant demonstrates: The project meets a recognized private right or public need; Adverse effects on water quality, fish, plant and wildlife habitat are minimized; Insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the Buffer; and Expansion is permitted under the nonconforming use provisions of this article. New marina, commercial (4.20). New commercial marinas shall not be permitted in resource conservation areas. New commercial marinas may be permitted in limited development areas and intensely developed areas if allowed in the underlying zoning, provided: New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters. New marinas meet the sanitary requirements of the Department of the Environment. New marinas may be permitted in the Buffer in the intensely developed areas and limited development areas provided that it can be shown: The project meets a recognized private right or public need; Adverse effects on water quality, fish, plant and wildlife habitat are minimized; and Insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the Buffer. Community piers and noncommercial boat docking and storage (4.30). New or expanded community marinas and other noncommercial boat docking and storage facilities may be permitted in the Buffer subject to the requirements in this article provided that: These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities; The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision; The facilities are associated with a residential development approved by the Town for the Critical Area and consistent with all state requirements and the requirements of this article applicable to the Critical Area; Disturbance to the Buffer is the minimum necessary to provide a single point of access to the facilities; and If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed. Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection H(2)(a) or H(2)(b) below: One slip for each 50 feet of shoreline in the subdivision in the intensely developed and limited development areas and one slip for each 300 feet of shoreline in the subdivision in the resource conservation area; or A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule: Table (b)2 Number of Slips Permitted Platted Lots or Dwellings in the Critical Area Slips Up to 15 1 for each lot 16 to 40 15 or 75% whichever is greater 41 to 100 30 or 50% whichever is greater 101 to 300 50 or 25% whichever is greater over 300 75 or 15% whichever is greater Public beaches and public water-oriented recreational and educational areas (4.40). Public beaches or other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the Buffer in intensely developed areas. These facilities may be permitted within the Buffer in limited development areas and resource conservation areas provided that: Adequate sanitary facilities exist; Service facilities are, to the extent possible, located outside the Buffer; Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result; Disturbance to natural vegetation is minimized; and Areas for possible recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Buffer within resource conservation areas if service facilities for these uses are located outside of the Buffer. Research areas (4.50). Water-dependent research facilities or activities operated by state, federal, or local agencies or educational institutions may be permitted in the Buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the Buffer. Fisheries activities (4.60). Commercial water-dependent fisheries including, but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities may be permitted in the Buffer in intensely developed areas, limited development areas and resource conservation areas. Structures or piers (4.70). A non-water-dependent project located on state or private wetland within the Critical Area may be permitted if the project: Involves a commercial activity that is permitted as a secondary or accessory use to a permitted principal commercial use; Is not located on a pier attached to a residentiary, institutionally, or industrially used property; Is located in: An intense development zone; An area excluded from the critical area; Obtains all applicable state and local permits; Allows or enhances public access to state wetlands, if applicable; Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed; Has a height of up to 18 feet unless the project is located at a marina; and Is up to 1,000 square feet in total area; or Is located on a pier that was in existence on or before December 31, 2012; Satisfies all of the requirements of Subsection L(1)(a) through L(1)(g) above; If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area. Existing industrial uses (6.10). Existing industrial facilities and uses, including those that directly support agriculture, forestry, or aquaculture may be permitted in resource conservation areas. Expansion of existing industrial facilities and use in the resource conservation area shall be subject to the nonconforming use provisions of this article and the grandfathering provisions in Part 8 and may require growth allocation. New industrial uses (6.20). New industrial uses shall not be permitted in resource conservation areas. New, expanded or redeveloped industrial facilities may only be permitted in limited development areas (LDA) if permitted uses in the underlying zoning district and provided such facilities meet all requirements for development in the LDA. New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of intensely developed areas that have been designated as buffer management areas. Nonmaritime heavy industry (6.3). Nonmaritime heavy industry may be permitted if: The site is located in an intensely developed area; and The activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water. Utility transmission facilities (7.10). Utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters, may be permitted in the Critical Area provided: The facilities are located in intensely developed areas; and Only after the activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These provisions do not include power plants. Sludge facilities (8.10). Permanent sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities may be permitted in the Critical Area provided: The facility or activity is located in an intensely developed area; and Only after the activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water. Agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the one-hundred-foot Buffer. 170-31.6 Growth Allocation Growth allocation acreage. Growth allocation available to the Town includes: An area equal to 5% of the RCA acreage located within the Town and; Growth allocation available to the Town as provided for by Queen Anne County. Growth Allocation Floating Zone District GA. Purpose. The Growth Allocation Floating Zone is not mapped but is designated for use in areas classified as resource conservation areas (RCA) and/or limited development area (LDA) within the Town's Critical Area Overlay District. The purpose of the floating zone is to permit a change in the land management classification established in the Critical Area Overlay District on specific sites so that they may be developed to the extent permitted by the underlying zoning classification or the land use management classification. Only projects which have been approved by the Town Council for award of the Critical Area Growth Allocation are eligible for floating zones. Designation of floating zones. The Growth Allocation District GA shall be a floating zone. The Growth Allocation District GA provides for changing the land management classification of resource conservation areas (RCAs) and limited development areas (LDAs) in the Critical Area Overlay District. Standards. When locating new intensely developed or limited development areas the following standards shall apply: A new intensely developed area shall only be located in a limited development area or adjacent to an existing intensely developed area; A new limited development area shall only be located adjacent to an existing limited development area or an intensely developed area; New intensely developed areas shall be at least 20 acres in size unless: They are contiguous to an existing IDA or located in an LDA; or they are a grandfathered commercial or industrial use, which existed as of August 3, 1989. The amount of growth allocation deducted shall be equivalent to the area of the entire parcel or parcels subject to the growth allocation request. No more than one-half of the Town's growth allocation may be located in resource conservation areas (RCAs) except as provided in Subsection C(9) below; A new limited development area or intensely developed area shall be located in a manner that minimizes impacts to habitat protection area as defined herein and in COMAR 27.01.09 and in an area and manner that optimizes benefits to water quality; A new intensely developed area shall only be located where they minimize their impacts to the defined land uses of the resource conservation area (RCA); A new intensely developed area or a limited development area in a resource conservation area shall be located at least 300 feet beyond the landward edge of tidal wetlands or tidal waters; New intensely developed or limited development areas to be located in resource conservation areas shall conform to all criteria of the Town of Centreville for such areas, shall be so designated on the Town's Critical Area maps and shall constitute an amendment to this article subject to review and approval by the Town Council and the Critical Area Commission as provided herein. If the Town is unable to utilize a portion of its growth allocation as set out in Subsections C(1) and C(2) above within or adjacent to existing intensely developed or limited development areas, then that portion of the growth allocation which cannot be so located may be located in the resource conservation areas in addition to the expansion allowed in Subsection C(4) above. Additional standards. Applicants for growth allocation shall demonstrate that the following standards will be met or exceeded by the proposed project: In addition to meeting the minimum requirements of the Critical Area regulations, the project design shall enhance the habitat value or improve water quality in the area. For example, afforestation may exceed the 15% requirement or best management practices for stormwater management may be installed on portions of the site to remain in agricultural use. For residential development, a community pier shall be provided rather than individual private piers. Open space requirements as specified in the Town Zoning Ordinance, Subdivision Regulations, 1 or through the site plan review process. Additional factors. In reviewing map amendments or refinements involving the use of growth allocation, the Town shall consider the following factors: Consistency with the Town's adopted comprehensive plan and whether the growth allocation would implement the goals and objectives of the adopted plan. "Consistency with" means that a standard or factor will further, and not be contrary to the following items in the comprehensive plan: Policies; Timing of the implementation of the plan, of development, and of rezoning; Development patterns; Land uses; and Densities or intensities. For a map amendment or refinement involving a new limited development area, whether the development is: To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology; A completion of an existing subdivision; An expansion of an existing business; or To be clustered. For a map amendment or refinement involving a new intensely developed area, whether the development is: To be served by a public wastewater system; If greater than 20 acres, to be located in a designated Priority Funding Area; and To have a demonstrable economic benefit. The use of existing public infrastructure, where practical; Consistency with state and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on- or off-site; Impacts on a priority preservation area; Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development. Process. It is the intent of the Town of Centreville to award growth allocation based on specific projects. Applicants for growth allocation shall submit a request for growth allocation accompanied by appropriate plans and environmental reports in accordance with the following process: All applications for growth allocation shall be submitted to the Town office. Requests shall be accompanied by a concept plan and appropriate environmental reports and/or studies so as to provide sufficient information to permit the Planning and Zoning Commission to review the application for consistency with the Town's Critical Area regulations. The subdivision history of parcels designated as RCA must be provided as part of the growth allocation application. The date of December 1, 1985, is the date used for the original Critical Area mapping and shall be used as a beginning point of analysis. All applications for growth allocation shall be forwarded to the Planning and Zoning Commission for review and may include comments and recommendations from other agencies as it determines necessary for its review. The Planning and Zoning Commission may propose specific design standards to be met or exceeded by the proposed project (see Subsection E above). The Planning and Zoning Commission shall hold a public hearing on the growth allocation request prior to making a recommendation on the proposal to the Town Council. The applicant shall address the Planning and Zoning Commission's comments and recommendations and may revise the concept plan accordingly. The growth allocation request shall then be forwarded to the Town Council with a recommendation for approval or denial from the Planning and Zoning Commission. The recommendation may include specific conditions of approval. The Town Council shall review the growth allocation request and hold a public hearing, in accordance with program amendments, § 170-31.10. The Town Council shall consider the Planning and Zoning Commission's recommendations and shall approve or deny the growth allocation request. The Town Council may establish conditions of approval that are consistent with the intent of the Town's Critical Area Program, Community Plan, Zoning Ordinance and Subdivision Regulations. 2 Upon approval of the growth allocation request by the Town Council, the Town shall send a request to the Critical Area Commission to use a portion of their growth allocation for the project. The request shall be accompanied by pertinent plans and environmental reports and/or studies. Upon receipt of the request from the Town, the Critical Area Commission shall notify the Town regarding the processing of the request as an amendment or refinement to the Town's Critical Area Program. Refinements shall be acted on within 30 days of the Commission's notification to the Town of a complete submission. Amendments shall be acted on within 90 days of the Commission's notification to the Town of a complete submission. Following approval of the growth allocation request by the Critical Area Commission, the Town shall amend the Critical Area Maps within 120 days, and a copy of the amended map shall be provided to the Commission and to the county. The applicant may proceed with the preparation of a site plan or subdivision plat in accordance with the Zoning Ordinance and/or Subdivision Regulations. 3 If a site plan is required, the applicant is encouraged to submit a preliminary site plan to the Planning and Zoning Commission for review prior to incurring the cost of full engineering necessary for site plan consideration. If a subdivision is required, the applicant shall submit a preliminary plat to the Planning and Zoning Commission for review and approval. If the preliminary plat is approved by the Planning and Zoning Commission, the applicant shall submit a final plat as described below. After review of the preliminary site plan, or the preliminary plat by the Planning and Zoning Commission, the applicant shall submit a final site plan or final plat. Final site plans or final plats shall be processed by the Planning and Zoning Commission in accordance with the procedures established in the Zoning Ordinance or Subdivision Regulations. 4 Following review by the Planning and Zoning Commission of the final site plan or final plat, the applicant shall seek approval from the Town Council. Upon approval by the Town Council of the final site plan or final plat, and upon the applicant meeting all conditions of final approval, the applicant may proceed with the project. A condition of approval shall be that the projects approved for growth allocation be substantially completed within three years of the date of approval. "Substantially completed" shall be determined by the Planning and Zoning Commission and is defined as projects in which all public improvements, such as roads, sewer and/or water facilities, etc., have been built, as required by the Town or state. If a project has been determined to be not substantially completed, than the growth allocation shall be null and void. Further, the growth allocation acreage shall revert to the Town's allocation, unless an extension is granted by the Town Council. Extensions cannot be granted for more than one year at a time. Deduction methodology. Subdivision of any parcel of land that was recorded as of December 1, 1985, and classified as RCA or LDA, where all or part of the parcel is identified by the Town as a growth allocation area, shall result in the acreage of the entire parcel counting against the growth allocation, unless the development concept outlined in Subsection F(2) above is used. In order to allow some flexibility in the use of growth allocation when development is only proposed on a portion of the property, the following methodology may be used. On a parcel proposed for the use of growth allocation, a single development envelope may be specified, and the acreage of the development envelope rather than the acreage of the entire parcel shall be deducted from the Town's growth allocation if the development envelope meets the following criteria: The development envelope shall include individually owned lots, required Buffers, impervious surfaces, roads, utilities, stormwater management measures, on-site sewage disposal measures, any areas subject to human use such as active recreation areas, and any additional acreage needed to meet the development requirements of the criteria. The required Buffers refer to the minimum one-hundred-foot Buffer and the twenty-five-foot nontidal wetlands Buffer. Only one development envelope shall be established per parcel of land. If a development envelope is proposed in the RCA, a minimum of 20 acres must remain outside of the development envelope or the acreage of the entire parcel must be deducted. If the original parcel in the RCA is less than 20 acres, then the acreage of the entire parcel must be deducted. If there is a permanently protected resource conservation area (an area protected by easement) adjacent and contiguous to a residue that is less than 20 acres, that will result in a minimum twenty-acre residue, then the entire parcel does not have to be deducted. The minimum residue of 20 acres outside of the development envelope may be developed at an RCA density unless some type of permanent protection exists that restricts development. For growth allocation areas proposed in the RCA, a naturally vegetated Buffer of 300 feet is strongly encouraged, and where it is provided it shall not be deducted even if the Buffer does not meet the minimum requirement of 20 acres. 1 Editor's Note: See Ch. 138, Subdivision Regulations. 2 Editor's Note: See Ch. 138, Subdivision Regulations. 3 Editor's Note: See Ch. 138, Subdivision Regulations. 4 Editor's Note: See Ch. 138, Subdivision Regulations. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-31.7 Grandfathering Continuation of existing uses. The continuation, but not necessarily the intensification or expansion of any use in existence on August 3, 1989 may be permitted, unless the use has been abandoned for more than one year or is otherwise restricted by existing municipal ordinances. If any existing use does not conform with the provisions of this article, its intensification or expansion may be permitted only in accordance with the variance procedures in Part 9. Residential density on grandfathered lots. Except as otherwise provided, the following types of land are permitted to be developed with a single-family dwelling, if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the density provisions of this article. A legal parcel of land, not being part of a recorded or approved subdivision, that was recorded as of December 1, 1985. Land that received a building permit subsequent to December 1, 1985, but prior to (DATE OF PROGRAM APPROVAL). Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval between June 1, 1984 and December 1, 1985; Land that was subdivided into recorded, legally buildable lots, where the subdivision received the final approval after December 1, 1985 and provided that either development of any such land conforms to the IDA, LDA or RCA requirements in this article or the area of the land has been counted against the growth allocation permitted under this article. Consistency. Nothing in this section may be interpreted as altering any requirements of this article related to water-dependent facilities or habitat protection areas. 170-31.8 Variances Applicability. The Town has established provisions where, owing to special features of a site or other circumstances, implementation of this article or a literal enforcement of provisions within this article would result in unwarranted hardship to an applicant, a Critical Area variance may be obtained. In considering an application for a variance, the Town shall presume that the specific development activity in the Critical Area, that is subject to the application and for which a variance is required, does not conform with the general purpose and intent of Natural Resources Article, Title 8 Subtitle 18, COMAR Title 27, and the requirements of this article. Unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested. Standards. The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met: Special conditions or circumstances exist that are peculiar to the land or structure involved and that a literal enforcement of provisions and requirements of this article would result in unwarranted hardship; A literal interpretation of the provisions of this article will deprive the applicant the use of land or a structure permitted to others in accordance with the provisions of this Critical Area ordinance; The granting of a variance will not confer upon an applicant any special privilege that would be denied by this Critical Area ordinance to other lands or structures within the Critical Area; The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming on any neighboring property; and The granting of a variance shall not adversely affect water quality or adversely impact fish, wildlife or plant habitat within the Critical Area and the granting of the variance will be in harmony with the general spirit and intent of the Maryland Critical Area Law and this article. Process. Applications for a variance will be made in writing to the Town Board of Appeals with a copy provided to the Critical Area Commission. The Town shall follow its established procedures for advertising and notification of affected landowners. After hearing an application for a Critical Area Program variance, the Board of Appeals shall make written findings reflecting analysis of each standard. If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the Town shall consider that fact. The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A above. The Town shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request. Findings. Based on competent and substantial evidence, the Town shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in Subsection A above, and if applicable, Subsection B, above. With due regard for the person's technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by: The applicant; The Town or any other government agency; or Any other person deemed appropriate by the Town. Appeals. Appeals from decision concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures of the Town for variances. Variance decisions by the Board of Appeals may be appealed to the Circuit Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation or governmental agency aggrieved or adversely affected by any decision made under this article. Conditions and mitigation. The Board of Appeals shall impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of this article is maintained including, but not limited to the following: Adverse impacts resulting from the granting of the variance shall be mitigated as recommended by the Planning and Zoning Commission, but not less than by planting on the site per square foot of the variance granted at no less than a three to one basis. New or expanded structures or lot coverage shall be located the greatest possible distance from mean high water, the landward edge of tidal wetlands, tributary streams, nontidal wetlands, or steep slopes. Critical Area Commission notification. Within 10 working days after a written decision regarding a variance application is issued, a copy of the decision will be sent to the Critical Area Commission. The Town may not issue a permit for the activity that was the subject of the application until the applicable thirty-day appeal period has elapsed. 170-31.9 Lot Consolidation And Reconfiguration Applicability. The provisions of this part apply to a consolidation or a reconfiguration of any nonconforming legal grandfathered parcel or lot. These provisions do not apply to the reconfiguration or consolidation of parcels or lots which are conforming or meet all Critical Area requirements. Nonconforming parcels or lots includes: Those for which a Critical Area variance is sought or has been issued; and Those located in the resource conservation area and are less than 20 acres in size. Procedure. An applicant seeking a parcel or lot consolidation or reconfiguration shall provide the required information required in COMAR 27.01.02.08.E to the Town. The Town may not approve a proposed parcel or lot consolidation or reconfiguration without making written findings in accordance with COMAR 27.01.02.08.F. The Town shall issue a final written decision or order granting or denying an application for a consolidation or reconfiguration. After a final written decision or order is issued, the Town shall send a copy of the decision or order and a copy of any approved development plan within 10 business days by U.S. mail to the Commission's business address. 170-31.10 Program Amendments Amendments. The Town of Centreville may from time to time amend the Critical Area provisions of this article. Changes may include, but are not limited to amendments, revisions, and modifications to these zoning regulations, Critical Area Maps, implementation procedures, and local policies that affect the Town's Critical Area. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law § 8-1809(i) and § 8-1809(d), respectively. Zoning Map amendments. Except for program amendments or program refinements developed during a six-year comprehensive review, a zoning map amendment may only be granted by the Town Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria: Are wholly consistent with the land classifications as shown on the adopted Critical Area Overlay Map; or The use of growth allocation in accordance with the growth allocation provisions of this article is proposed. Process. When an amendment is requested, the applicant shall submit the amendment to the Planning and Zoning Commission for review and research. Upon completing Findings of Fact, these documents shall be forwarded to the Town Council. The Town Council shall hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. At least 14 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the Town. After the Council approves an amendment, they shall forward their decision and applicable resolutions along with the amendment request to the Critical Area Commission for final approval. 170-31.11 Enforcement Consistency. The Critical Area provisions of this article, in accordance with the Critical Area Act and Criteria supersede any inconsistent law, chapter or plan of the Town. In the case of conflicting provisions, the stricter provisions shall apply. Violations. No person shall violate any provision of this Zoning Ordinance. Each violation that occurs and each calendar day that a violation continues shall be a separate offense. Each person who violates a provision of this article shall be subject to separate administrative civil penalties, abatement and restoration orders, and mitigation for each offense. Noncompliance with any permit or order issued by the Town related to the Critical Area shall be a violation of this article and shall be enforced as provided herein. Responsible persons. The following persons may each be held jointly or severally responsible for a violation: persons who apply for or obtain any permit or approval; contractors; subcontractors; property owners; managing agents; or any person who has committed, assisted, or participated in the violation. Required enforcement action. In the case of violations of this chapter, the Town shall take enforcement action including: Assess administrative civil penalties as necessary to cover the costs associated with performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans; Issue abatement, restoration, and mitigation orders as necessary to: stop unauthorized activity; restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits; and Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation. Right to enter property. Except as otherwise authorized and in accordance with the procedures specified herein, the Town Council or their designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if Town Council has probable cause to believe that a violation of this article has occurred, is occurring, or will occur. The Town Council shall make a reasonable effort to contact a property owner before obtaining access to or enter the property. If entry is denied, the Town Council may seek an injunction to enter the property to pursue an enforcement action. Administrative civil penalties. In addition to any other penalty applicable under state or Centreville law, every violation of a provision of Natural Resources Article, Title 8 Subtitle 18, the Critical Area provisions of this article shall be punishable by a civil penalty of up to $10,000 per calendar day. Before imposing any civil penalty, the person(s) believed to have violated this article shall receive: written notice of the alleged violation(s) including which, if any, are continuing violations, and an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, the Town Council shall consider: The gravity of the violation; The presence or absence of good faith of the violator; Any willfulness or negligence involved in the violation including a history of prior violations; The environmental impact of the violation; and The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to the Town Council for performing, supervising, or rendering assistance to the restoration and mitigation. Administrative civil penalties for continuing violations shall accrue for each violation, every day each violation continues, with no requirements for additional assessments, notice, or hearings for each separate offense. The total amount payable for continuing violations shall be the amount assessed per day for each violation multiplied by the number of days that each violation has continued. The person responsible for any continuing violation shall promptly provide the Town with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for the Town inspection to verify compliance. Administrative civil penalties for continuing violations continue to accrue as set forth herein until the Town receives such written notice and verifies compliance by inspection or otherwise. Assessment and payment of administrative civil penalties shall be in addition to and not in substitution for recovery by the Town of all damages, costs, and other expenses caused by the violation. Payment of all administrative civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this article. Cumulative remedies. The remedies available to the Town under this article are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others. Injunctive relief. The Town of Centreville is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this article, an administrative order, a permit, a decision, or other imposed condition. The pendency of an appeal to the Board of Appeals or subsequent judicial review shall not prevent the Town from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review. Variances pursuant to a violation. The Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle or any provisions of an order, permit, plan, or this article in accordance with the variance provisions of this article. However, the application shall not be reviewed, nor shall a final decision be made until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town. Permits pursuant to a violation. The Town may not issue any permit, approval, variance, or special exception, unless the person seeking the permit has: Fully paid all administrative, civil, or criminal penalties as set forth in Subsection F above; Prepared a restoration or mitigation plan, approved by the Town, to abate impacts to water quality or natural resources as a result of the violation; Performed the abatement measures in the approved plan in accordance with the Town regulations; and Unless an extension of time is approved by the Town because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed. Appeals. An appeal to the Town Board of Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by the Town in connection with the administration and enforcement of this article. An appeal is taken by filing a written notice of appeal with the Board of Appeals in accordance with the provisions in the Town Zoning Ordinance and accompanied by the appropriate filing fee. An appeal must be filed within 30 days after the date of the decision or order being appealed; and An appeal stays all actions by the Town seeking enforcement or compliance with the order or decisions being appealed, unless the Town certifies to the Board of Appeals that (because of facts stated in the certificate) such stay will cause imminent peril to life or property. In such a case, action by the Town shall not be stayed except by order of the Board of Appeals or a court up on application of the party seeking the stay. 170-31.12 The One-Hundred-Foot Buffer Applicability and delineation. An applicant for a development activity or a change in land use shall apply all of the required standards for a minimum one-hundred-foot Buffer as described in this part. The minimum one-hundred-foot Buffer shall be delineated in the field and shall be shown on all applications as follows: The minimum one-hundred-foot Buffer is delineated, based on existing field conditions, landward from: the mean high water line of a tidal water; the edge of each bank of a tributary stream; and the upland boundary of a tidal wetland. The Buffer shall be expanded beyond the minimum one-hundred-foot Buffer as described in Subsection A(1) above and the minimum two-hundred-foot Buffer as described in Subsection A(3) below, to include the following contiguous land features; A steep slope at a rate of four feet for every one percent of slope or the entire steep slope to the top of the slope, whichever is greater; A nontidal wetland to the upland boundary of the nontidal wetland; The one-hundred-foot Buffer that is associated with a nontidal wetland of special state concern as stated in COMAR § 26.23.06.01; For an area of hydric soils or highly erodible soils, the lesser of: The landward edge of the hydric or highly erodible soils; or 300 feet where the expansion area includes the minimum one-hundred-foot Buffer. Applications for a subdivision or for a development activity on land located within the RCA requiring site plan approval after July 1, 2008 shall include: An expanded Buffer in accordance with Subsection A(2) above; or A Buffer of at least 200 feet from a tidal waterway or tidal wetlands; and a Buffer of at least 100 feet from a tributary stream, whichever is greater. The provisions of Subsection A(3) above do not apply if: The application for subdivision or site plan approval was submitted before July 1, 2008, and legally recorded (subdivisions) or received approval (site plans), by July 1, 2010; The application involves the use of growth allocation. Permitted activities. If approved by the Town, disturbance to the Buffer is permitted for the following activities, provided mitigation is performed in accordance with an approved buffer management as required per Subsection F of this section: A new development or redevelopment activity associated with a water-dependent facility or located in an approved buffer management area; or A shore erosion control activity constructed in accordance with COMAR 26.24.02, COMAR 27.01.04, and this chapter; A development or redevelopment activity approved in accordance with the variance provisions of this article; A new development or redevelopment activity on a lot or parcel that was created before January 1, 2010 where: The Buffer is expanded for highly erodible soil on a slope less than 15% or is expanded for a hydric soil and the expanded Buffer occupies at least 75% of the lot or parcel; The development or redevelopment is located in the expanded portion of the Buffer and not within the one-hundred-foot Buffer; and Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed development activity that is in the expanded Buffer. A new or replacement septic system on a lot created before [local program adoption date], where: The Health Department has determined the Buffer is the only available location for the septic system; and Mitigation is provided at a 1:1 ratio for area of canopy cleared of any forest or developed woodland. Buffer establishment in vegetation. An applicant for a development activity, redevelopment activity or a change in land use that occurs outside the Buffer, but is located on a riparian lot or parcel that includes the minimum one-hundred-foot Buffer, shall establish the Buffer in vegetation if the Buffer is not fully forested or fully established in woody or wetland vegetation. The Town shall require a buffer management plan in accordance with the standards of this part and the [Policies and Procedures Manual]. The provisions of this section apply to: Approval of a subdivision; A lot or parcel that is converted from one land use to another; Development or redevelopment on a lot or parcel created before January 1, 2010. The provisions of this section do not apply to an in-kind replacement of a structure. If a Buffer is not fully forested or fully established in existing, naturally occurring woody or wetland vegetation, the Buffer shall be established through planting shall be in accordance with COMAR 27.01.09.01-1. Mitigation for impacts to the Buffer. An applicant for a development activity that includes disturbance to the Buffer shall mitigate for impacts to the Buffer and shall provide a buffer management plan in accordance with the standards set forth in this part and the Town Policies and Procedures Manual. Authorized development activities may include a variance, subdivision, site plan, shore erosion control permit, building permit, grading permit, septic system approved by the Health Department on a lot created before [Program Adoption Date], and special exception. All authorized development activities shall be mitigated according to COMAR 27.01.09.01-2. All unauthorized development activities in the Buffer shall be mitigated at a ratio of 4:1 for the area of disturbance in the Buffer. Planting for mitigation shall be planted on site within the Buffer. If mitigation planting cannot be located within the Buffer, then the Town may permit planting in the following order of priority: On site and adjacent to the Buffer; and On site elsewhere in the Critical Area. For unauthorized clearing, cutting, or removal of vegetation in the Buffer or another habitat protection area, fines shall be assessed at $500 for each occurrence. Buffer planting standards. An applicant that is required to plant the Buffer for Buffer establishment or Buffer mitigation shall apply the planting standards set forth in COMAR 27.01.09.01-2 and 01-(1). A variance to the planting and mitigation standards of this article is not permitted. Required submittal of buffer management plans. An applicant that is required to plant the Buffer to meet establishment or mitigation requirements shall submit a buffer management plan as provided in COMAR 27.01.09.01-3 with the application for the specific activity. The provisions of this part do not apply to maintaining an existing grass lawn or an existing garden in the Buffer. A buffer management plan that includes planting for establishment shall be submitted with all other application materials, clearly specify the area to be planted and state if the applicant is: Fully establishing the Buffer; Partially establishing an area of the Buffer equal to the net increase in lot coverage; or Partially establishing an area of the Buffer equal to the total lot coverage. Any permit for development activity that requires Buffer establishment or Buffer mitigation will not be issued until a buffer management plan is approved by the Town. An applicant may not obtain final approval of a subdivision application until the buffer management plan has been reviewed and approved by the Town. The Town may not approve a buffer management plan unless: The plan clearly indicates that all planting standards under Subsection E of this section will be met; and Appropriate measures are in place for the long-term protection and maintenance of all Buffer areas. For a buffer management plan that is the result of an authorized disturbance to the Buffer, a permit authorizing final use and occupancy will not be issued until the applicant: Completes the implementation of a buffer management plan; or Provides financial assurance to cover the costs for: materials and installation; and if the mitigation or establishment requirement is at least 5,000 square feet, long-term survivability requirements as set forth in COMAR 27.01.09.01-2. Concurrent with recordation of a subdivision plat, an applicant shall record a protective easement for the Buffer. If an applicant fails to implement a buffer management plan, that failure shall constitute a violation of this article. A permit for development activity will not be issued for a property that has the violation. An applicant shall post a subdivision with durable signs prior to final recordation in accordance with COMAR 27.01.09.01-2. Buffer management plans that include natural regeneration shall follow the provisions of COMAR 27.01.09.01-4. Fees-in-lieu of Buffer mitigation. A fee in-lieu of mitigation will be collected if the planting requirements of the buffer management plan cannot be fully met on site, in accordance with the following standards: Fee-in-lieu monies shall be collected and held in a special fund, which may not revert to the Town's general fund; Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation; A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and Fee-in-lieu monies shall be used for the following projects: To establish the Buffer on sites where planting is not a condition of development or redevelopment; For water quality and habitat enhancement projects as approved by the Critical Area Commission or by agreement between the Town and the Critical Area Commission. Fee-in-lieu — see Section I of this chapter. Shore erosion control projects. Shore erosion control measures are permitted activities within the Buffer in accordance with the following requirements: An applicant for a shore erosion control project that affects the Buffer in any way, including, but not limited to access, vegetation removal and pruning, or backfilling shall submit a buffer management plan in accordance with the requirements of this section; and Comply fully with all of the policies and criteria for a shore erosion control project stated in COMAR 27.01.04 and COMAR 27.01.09.01-6. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-31.13 Buffer Management Area (BMA) Provisions Development and redevelopment standards. New development or redevelopment activities, including structures, roads, parking areas and other impervious surfaces or septic systems will not be permitted in the Buffer in a designated BMA unless the applicant can demonstrate that there is no feasible alternative and the Planning and Zoning Commission finds that efforts have been made to minimize Buffer impacts and the development shall comply with the following standards: Development and redevelopment activities have been located as far as possible from mean high tide, the landward edge of tidal wetlands, or the edge of tributary streams. Variances to other local setback requirements have been considered before additional intrusion into the Buffer. Commercial, industrial, institutional, recreational and multi-family residential development and redevelopment shall meet the following standards: New development, including accessory structures, shall minimize the extent of intrusion into the Buffer. New development shall not be located closer to the water (or edge of tidal wetlands) than the minimum required setback for the zoning district or 50 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. Redevelopment, including accessory structures, shall minimize the extent of intrusion into the Buffer. Redevelopment shall not be located closer to the water (or edge of tidal wetlands) than the local setback for the zoning district or 25 feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. A new structure may be constructed on the footprint of an existing structure. Single-family residential development and redevelopment shall meet the following standards: New development or redevelopment shall minimize the shoreward extent of intrusion into the Buffer. New development and redevelopment shall not be located closer to the water (or the edge of tidal wetlands) than principal structures on adjacent properties or the local setback for the zoning district, whichever is greater. In no case shall new development or redevelopment be located less than 50 feet from the water (or the edge of tidal wetlands). Existing principal or accessory structures may be replaced in the same footprint. New accessory structures may be located closer to the water than the setback if the Planning and Zoning Commission has determined there are no other locations for the structures. The area of new accessory structures shall not exceed 500 square feet within 50 feet of the water and 1,000 square feet total in the Buffer. Variances to other local setback requirements shall be considered before additional intrusion into the Buffer is permitted. Development and redevelopment may not impact any habitat protection area (HPA) other than the Buffer, including nontidal wetlands, other state or federal permits notwithstanding. Buffer management area (BMA) designation shall not be used to facilitate the filling of tidal wetlands that are contiguous to the Buffer or to create additional buildable land for new development or redevelopment. No natural vegetation may be removed in the Buffer except that required by the proposed construction. Mitigation for development or redevelopment in the BMA approved under the provisions of this subsection shall be implemented as follows: Natural forest vegetation of an area twice the extent of the footprint of the development activity within the one-hundred-foot Buffer shall be planted on site in the Buffer or at another location approved by the Planning and Zoning Commission. Applicants who cannot fully comply with the planting requirement in Subsection A(9)(a) above, may use offset by removing an equivalent area of existing lot coverage in the Buffer. Applicants who cannot comply with either the planting or offset requirements in Subsection A(9)(a) or A(9)(b) or above shall pay into a fee-in-lieu program as follows: Applicants shall submit to the Planning and Zoning Commission two cost estimates from qualified landscape businesses for planting the equivalent of twice the extent of the development within the one-hundred-foot Buffer. The estimate shall include the cost of stock, planting, staking, mulching and a one-year guarantee. The Planning and Zoning Commission shall determine the amount of the fee-in-lieu based on the average of the two estimates. Any fees-in-lieu collected under these provisions shall be placed in an account that will assure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of the Centreville Critical Area Program. The funds cannot be used to accomplish a project or measure that would have been required under existing local, state, or federal laws, regulations, statutes, or permits. The status of these funds must be reported in the jurisdiction's quarterly reports. Any required mitigation or offset areas shall be protected from future development through an easement, development agreement, plat notes or other instrument and recorded among the land records of the county. 170-31.14 Other Habitat Protection Areas Identification. An applicant for a development activity, redevelopment activity or change in land use shall identify all applicable habitat protection areas and follow the standards contained in this Part. Habitat protection areas include: Threatened or endangered species or species in need of conservation; Colonial waterbird nesting sites; Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and nontidal wetlands; Existing riparian forests; Forest areas utilized as breeding areas by future interior dwelling birds and other wildlife species; Other plant and wildlife habitats determined to be of local significance; Natural Heritage Areas; and Anadromous fish propagation waters. Standards. An applicant for a development activity proposed for a site within the Critical Area that is in or near a habitat protection area listed above, shall request review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department's recommendations, additional research and site analysis may be required to identify the location of threatened and endangered species and species in need of conservation on a site. If the presence of a habitat protection area is confirmed by the Department of Natural Resources, the applicant shall develop a habitat protection plan in coordination with the Department of Natural Resources. The applicant shall obtain approval of the Habitat Protection Plan from the Planning and Zoning Commission or the appropriate designated approving authority. The specific protection and conservation measures included in the Plan shall be considered conditions of approval of the project. 170-31.15 Environmental Impact Assessment (EIA) Applicability The Town may require an Environmental Impact Assessment (EIA) for the following: Development or redevelopment activities in the Critical Area requiring site plan approval; Development or redevelopment activities in the Critical Area requiring subdivision approval; Development or redevelopment activities within a habitat protection area other than a detached single-family dwelling; An application of growth allocation; or An application of a variance other than for detached single-family dwelling. Ch 170 Art IV Supplemental Zone Regulations 170-32 Off-Street Parking 170-33 Off-Street Loading Space Required 170-34 Structures Permitted Above Height Limit 170-35 Visibility At Intersections 170-36 Front Yard Adjustment 170-37 Public Utilities 170-38 Signs 170-39 Accessory Uses And Structures; Fences 170-40 Satellite Dishes 170-41 Apartment Conversion 170-42 Buffer Yards 170-43 Railroad 170-44 Correction/Detention Facilities 170-45 Single-Family Residential Cluster Developments 170-46 Common Open Space 170-47 Site Plans 170-48 Simplified Site Plan 170-49 Commercial Property Exterior Lighting 170-50 Small Cell Facility 170-51 Telecommunications Tower 170-32 Off-Street Parking Minimum parking requirements. In all zoning districts, off-street parking spaces shall be provided in accordance with the following schedule. In this section, "square feet" refers to gross square feet of floor area. For residential units, the minimum required parking spaces refers to the number of spaces required per residential unit. [Amended 1-5-2017 by Ord. No. 12-2016] Land Use Minimum Required Parking (spaces) Residences Single-family, Cottage, Duplex or 2-family dwelling 2.0 Multi-Family and Townhouse: Efficiencies and 1-bedroom 1.5 Section 170-20A(6)(d) Accessory Apartment, and Accessory Dwelling Units per units 1.0 2-bedroom 2.25 3 or more bedrooms 2.5 Mobile homes 2.0 Churches and schools 1 per 4 seats in a principal auditorium or 1 per 10 classroom seats, whichever is greater Clubs, lodges, assembly hall, and other recreational facilities 1 per 2 persons of the rated capacity of the building Funeral homes 8 per parlor or 1 per 50 square feet, whichever is greater Gasoline filling stations Without service bays 3.0 With service bays 3.0, plus 3.0 per service bay With a convenience store 3.0, plus 1 per 250 square feet Hotels, motels, and lodging houses 1 per room; additional spaces shall be required as determined by the Planning and Zoning Commission if the use includes conference facilities or similar uses Libraries, post offices, fire stations, and other public buildings 1 per 150 square feet Manufacturing plants, warehousing 1 1/2 per 2 employees on the largest working shift Museums and similar uses 1 per 300 square feet Neighborhood shopping centers 1 per 300 square feet Nursing homes, assisted living facilities, continuing care facilities and similar uses [Amended 2-18-2016 by Ord. No. 01-2016] 1 per 6 beds, plus 1 per employee on the largest work shift, and plus 1 per staff member and visiting doctor Offices 1 per 300 square feet Restaurants, standard, or other places serving food, beverages, or other refreshments 1 per 100 square feet Restaurants, carry-out, drive-in or drive-through and fast-food 1 per 75 square feet Retail businesses 1 per 250 square feet Services, general 1 per 300 square feet Services, professional: Medical services, including clinics, dentistry, medicine, veterinary medicine 1 per 200 square feet Other professional services 1 per 300 square feet Variations from parking standards. [Amended 8-4-2016 by Ord. No. 10-2016] Determination of parking standard by Planning and Zoning Commission. The Town recognizes that the minimum parking requirements in Subsection A above do not cover every possible development scenario that may arise. Therefore, reasonable off-street parking requirements for uses that do not fall within the categories listed above may be approved by the Planning and Zoning Commission using the minimum parking requirements in Subsection A as an expectation and considering additional information submitted by the applicant. An applicant for site plan approval for a use not listed above shall submit a parking needs study that provides: An estimate of the parking needs for the use. An explanation of the basis of the estimated parking needs. Any data used, including parking generation studies or experience with similar uses. Deviations from parking standards. The Town recognizes that, due to the peculiarities of any given development, the inflexible application of the parking standards may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets, as well as unauthorized parking in nearby private lots. The latter situation wastes money, as well as space that could more desirably be used for valuable development or environmentally useful open space. Therefore, the Town (through the Planning and Zoning Commission) may permit deviations of up to 50% from the presumptive requirements of Subsection A above and may require more or allow less parking as may be deemed appropriate during the process of site plan review. In determining whether or not it is appropriate to allow such deviations, the applicant shall have the burden of supplying evidence that such a change is warranted. This evidence shall include the applicant's experience with the same use in other jurisdictions, alternate standards (and an assessment of their adequacy) for the same use in other communities, or a suggested standard by a nationally recognized authority in parking (e.g., the Institute of Transportation Engineers, the American Planning Association, etc.), and an explanation of the circumstances that necessitate a variation from the minimum parking requirements. Shared parking. For structures or sites containing multiple primary uses, except neighborhood shopping centers, as defined in this chapter, the sum of the minimum parking for each use shall be required, except as the Planning and Zoning Commission may allow deviations in accordance with Subsection B(2) above. However, the Planning and Zoning Commission may approve a reduction in the required parking area if the applicant demonstrates that the periods of peak parking demand associated with each activity inherently occur at different times. Examples of uses with different times for peak demand include offices (day use) and hotels (evening use) or offices (weekday use) and churches (weekend use). Parking in the CBD District. In the CBD District, when an existing (as of the effective date of this chapter) conforming use of land or structures is replaced by a similar conforming use within a two-year period, off-street parking regulations are waived. Any construction, rebuilding, expansion, or demolition and rebuilding of existing structures that results in increased square footage must meet the requirements for parking described in this section (Article IV, § 170-32), except as the Planning and Zoning Commission may allow deviations in accordance with Subsection B(2) above, only for the increased square footage, not for the existing square footage. In situations where the total parking area is not needed in the immediate future, but may be needed in the longer term, the Planning and Zoning Commission may require that all of the area be provided and reserved for parking, but may suspend or waive the requirement that it actually be paved, until such time as the Planning and Zoning Commission determines that it is necessary. The suspension or waiving of certain requirements, the trigger for their implementation, and the net change in parking requirements shall be expressed and documented in such a way as to be enforceable through the Zoning Code or through such other means that provides a mechanism for enforcement. Dimensions for parking areas. Parking spaces. A required off-street parking space shall be: At least nine feet in width and at least 18 feet in length for a standard space. At least seven feet in width and at least 20 feet in length for parallel parking. At least eight feet in width and at least 16 feet in length for compact space. Dimensions are exclusive of access drives or aisles and ramps. Parking for the handicapped shall be 12 feet in width and 18 feet in length, the number and location as specified by state and federal regulations. Entrances from public or private streets shall conform to the following dimensions: One-way traffic entrances: minimum 14 feet in width. Two-way traffic entrances: minimum 24 feet and maximum 35 feet in width; such entrances shall be at least 15 feet apart. Monumental entrances shall be provided with a six-foot-wide median, and the traffic lanes shall be at least 17 feet in width. All entrances shall be at least 7 1/2 feet from side lot lines. Minimum aisle widths are as follows, with the angle measured between the center line of the parking space and the center line of the aisle: Parking Angle Aisle Width (feet) 90° 24 60° 18 45° 15 Parallel 12 Parking spaces shall be at least five feet from street rights-of-way. In a multifamily residential subdivision, no parking area shall exceed 108 feet in length, and no portion of a parking space shall be less than 20 feet from a public street right-of-way. Design standards for parking areas. Parking areas shall be designed with sufficient maneuvering space for vehicles within the boundaries of the lot. Space for maneuvering shall not encroach upon a public street or upon another required parking space. Except for driveways serving a single-family dwelling, parking areas shall be designed so that it is not necessary for vehicles to back into any road. Every off-street parking area shall have safe and efficient access from a public street. Parking areas associated with public, semipublic, commercial, or industrial uses and residential structures with more than two units shall be surfaced and maintained with a paved material in conformity with Town Design Specifications to form a durable surface. Use of porous or permeable paving is encouraged to achieve stormwater management goals. Use of pervious surfaces, such as gravel, stone, "two-track" driveways with a grass strip in the center, or permeable paving, is encouraged for single-family or duplex driveways. Lighting used to illuminate parking areas shall be arranged to direct the light away from adjoining premises in an R District and from public roads. Parking facilities with more than 10 parking spaces and existing parking lots which expand to over 10 spaces shall comply with the requirements below: Bicycle parking facilities shall be provided at a location convenient to the main building entrance and with safe and convenient pedestrian access to building entrances. For all parking spaces in excess of 1.5 times the minimum required number of spaces, permeable or porous paving materials shall be used for the parking spaces and the adjacent aisles and maneuvering space. Landscaped areas within parking lots shall be provided in accordance with § 170-47. Landscaped areas. 1 Notwithstanding other provisions of this chapter regarding accessory uses and structures, it shall not be necessary that parking areas be located in the rear yard. However, in the C-2 and C-3 Districts, parking areas shall be located to the rear and/or sides of buildings. The Planning and Zoning Commission may approve parking in front of a building when this allows better site design. 2 Parking spaces for persons with disabilities shall be provided in accordance with the Americans with Disabilities Act and the Maryland Accessibility Code. [Amended 12-18-2001 by Ord. No. 10-01; 5-17-2012 by Ord. No. 01-2012] 1 Editor's Note: So in original. 2 Editor's Note: So in original. HISTORY Amended by Ord. 10-2022 on 11/17/2022 Amended by Ord. 12-2025 TND Amendment on 9/18/2025 170-33 Off-Street Loading Space Required In any zone in connection with every building or part thereof, having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display or sales, mortuary, or other uses similarly requiring the receipt and distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building or use, at least one off-street loading space plus one additional such loading space for each 10,000 square feet of gross floor area or major fraction thereof. Each loading space shall be not less than 10 feet in width, 45 feet in length, and 14 feet in height. Such space may occupy all or any required yard court, except a front yard. No such space shall be located closer than 50 feet to any lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence, not less than six feet in height, and then not within 10 feet of any lot located in any R District. 170-34 Structures Permitted Above Height Limit The building height limitations of this chapter may be exceeded by 25% for penthouses or roof structures, housing stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, fire or parapet walls, towers, steeples, flag poles, silos, smoke stacks, masts, tanks, monuments, or other structures that project into the air. 170-35 Visibility At Intersections On a corner lot in any zone, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 21/2 and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection. 170-36 Front Yard Adjustment The front yard required for a dwelling in any zone which permits residences may be reduced in the case of a dwelling to be located between two existing dwellings which lack the required front yard and which are less than 100 feet apart. In such a case, the front yard depth shall be no less than that of the deeper adjoining lot. In any zone, on any lot which fronts on a street having a right-of-way of less than 50 feet in width, a building shall be located at a distance from the center line of such a road not less than the depth of the required front yard in the zone plus 25 feet. 170-37 Public Utilities Public utility rights-of-way and structures may be permitted as follows: Telephone, electric, water, sewer, and gas lines with necessary accompanying and incidental equipment for local distribution are permitted as a matter of right in any district. Hydroelectric lines; dams; power plants; transmission lines; substations; pumping and boosting stations; pipelines; administrative, construction, maintenance and storage facilities; and water and sewage treatment facilities may be permitted as a special exception in any district. 170-38 Signs Purpose. Signs obstruct views, distract motorists, displace alternative uses of land, and pose other problems that legitimately call for regulation. The purpose of this section is to prescribe the standards for location, design, illumination, height and size of all types of signs within the Town of Centreville in order to protect the unique and small town character of the Town. This section also intends to promote the following: To encourage the effective use of signs as a means of communication for the convenience of the public by preventing their overconcentration, improper placement and excessive size; To maintain and enhance the aesthetic environment while promoting creativity and the Town's ability to attract sources of economic growth and development; To minimize the potential adverse effects of signs on nearby public and private property; To enable the fair and consistent enforcement of these sign regulations without regulating the content of any sign. To accomplish this objective, this subsection must be interpreted in a manner consistent with the First Amendment guarantee of free speech. General regulations. Signs requiring permits. Other than temporary signs provided for in Subsection D herein and exempt signs as provided herein, no sign shall be erected, enlarged, or altered without a permit from the Zoning Administrator. Applications for permits shall be submitted to the Zoning Administrator. Each application shall be accompanied by drawings and written material showing the area and general appearance of the sign, the method of illumination, the exact location of the proposed sign, and the method of construction and/or attachment of such sign to the building or structure. Signs that do not extend over seven feet above existing grade and are completely screened from view, inclusive of light, from public roadways and other parcels by on-site buildings, structures, evergreen landscaping, and/or grade differences are exempt from the sign provisions of this chapter including the requirement to obtain a permit. [Amended 6-6-2019 by Ord. No. 07-2019] Nonconforming signs may not be enlarged, substantially altered, moved, or replaced except to bring the sign into conformity with these regulations. Nonconforming signs may be repaired and maintained to the original sign specifications. Notwithstanding the language herein, nonconforming electronic message centers that are grandfathered may be replaced if the existing sign is ever damaged or destroyed. Signs shall be maintained in good condition. The Zoning Administrator may order the removal of any sign, sign structure or awning that is not maintained in accordance with this Code. Traffic control devices on private or public property must be erected and maintained to comply with the Maryland Manual on Uniform Traffic Control Devices. No sign, except for a traffic, regulatory, or information sign, shall use the words "stop," "caution," or "danger," or shall incorporate red, amber, or green lights resembling traffic signals, or shall resemble "stop" or "yield" signs in shape and color. No sign shall be erected which is affixed to a fence, utility pole, or tree, shrub, rock, or other natural object. Signs shall not cover architectural details such as, but not limited to, arches, sills, moldings, cornices, and transom windows. No sign shall be permitted which becomes unsafe or endangers the safety of a building, premises or person. The Zoning Administrator is authorized to order such signs to be made safe or be removed and such order shall be complied with within seven days of the receipt of such order. 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 flashing, intermittent, rotating, or other animated type, or which would tend to blind or distract motorists, or which would shine directly onto any dwelling. Noncommercial content may replace the message on any permitted or exempt sign. Official notices or advertisements posted or displayed by or under the direction of any public court officer in the performance of official or directed duties shall not be subject to the provisions of this section, provided that all such signs shall be removed by the property owner no more than 10 days after their purpose has been accomplished or as otherwise required by law. Where a federal, state, or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state, or local law to exercise that authority by posting a sign on the property. If the federal, state, or local regulation describes the form and dimensions of the sign, the property owner must comply with those requirements; otherwise, when not defined, the sign shall be no larger than two square feet and located in a place on the property to provide access to the notice that is required to be made. All illuminated signs located on a lot adjacent (includes across a street) to any residentially zoned or residentially used parcel shall be turned off between the hours of 10:00 p.m. and 6:00 a.m. The Town may designate areas for the placement of civic signs on public property. Permitted sign types, sizes, and standards by zoning district. The Official Tables of Sign Types and Dimensional Regulations are included at the end of this section in Tables 1 through 4. 1 There is no table for the Traditional Neighborhood Development District (TND). The sign provisions for the TND District are included in § 170-29.1. Temporary signs. The following regulations shall apply to temporary signs. Except as otherwise provided herein, temporary signs shall not exceed four square feet in area and 4.5 feet in height. A property owner may place one temporary sign on the property without restriction on time. In addition to the one sign allowed without restriction on time, one temporary sign may be located on the property when the property is being offered for sale or lease for a period ending 15 days following the date on which a contract of sale or lease has been executed by a person purchasing or leasing the property. If the sign face is attached to a post, the top of post shall be no more than six feet above grade. In any calendar year, for up to 60 days in a residential district and 30 days in a nonresidential district, a property owner may display temporary signs in excess of the two signs expressly allowed by this section. No temporary sign shall be attached or secured to a building, fence, porch, railing, tree, or any other object or structure. No temporary sign shall be located within 10 feet of a public road right-of-way, nor shall any such sign be located in a required side yard setback or within two feet of a side property line in the CBD. Temporary signs provided in Subsection D(2), (3), and (4) herein shall be exempt from the requirement to obtain a permit. One temporary sign that exceeds the qualitative standards set in Subsection D(1) above may be allowed only by permit under the following conditions: It complies with all other sign standards and requirements of this chapter for the district where it is located and the land use as regulated. A temporary sign permit will allow the property owner to display a sign only at the specific location on the site and/or building noted on the permit. The temporary permit will entitle the owner to interchange one temporary sign with any other temporary sign with the same dimensions. Under the permit, the display of the temporary sign shall be limited to 90 days during the 365-day period the permit is valid. Failure to obtain a permit for any temporary sign not otherwise expressly allowed without permit by this Subsection D(8) or to comply with the conditions of this Subsection D(8) subjects the sign and/or property owner to the enforcement provisions of this chapter. A temporary sign permit as provided in this Subsection D(8) shall automatically expire one year after its issuance or after the 90th day of the display of the sign, whichever shall occur first. One temporary sign associated with the opening of a development or subdivision may be allowed by permit, provided the following requirements are met: It is no greater than 32 square feet in size for development tracts less than 1/2 acre or 50 square feet for tracts larger than 1/2 acre. It is not greater than eight feet in height. It is removed within 90 days of its installation, except that for developments involving the dedication of public streets, the sign may remain in place until the dedication of associated public streets and/or utilities or for a complete and uninterrupted one-year period, whichever occurs first. Signs permitted pursuant to this Subsection D(9) shall also comply and be subject to Subsection D(8)(b) and (e). Supplemental standards for sign types. The following supplemental standards apply to specific sign types: Awning signs. All drop awnings attached to buildings shall not, when let down to the full extent, be less than seven feet above the sidewalks of the Town at all points. The lowest portion of all display signs fastened to, suspended from, or supported by a building or structure so as to project therefrom at an angle shall be not less than seven feet vertically above the surface of the sidewalks of the Town at all points. Directional signs. Directional signs are permitted in all zoning districts. Directional signs shall not exceed two square feet in area, shall not exceed three feet in height, and shall not contain any advertising material. Electronic Message Centers. New electronic message centers (EMCs) are permitted for governmental and institutional uses as a freestanding sign in non-residential zones along State roads, excluding the Central Business District (CBD), where the same or more intense zoning (excluding the Central Business District), where the same or more intense zoning (excluding the Central Business District) exists across the State road as more particularly shown on Table 4 (Attachment 10 to the Zoning Ordinance). EMCs are also permitted for public schools as a freestanding monument sign in residential zones along State roads, where non-residential zoning exists across the State road as more particularly shown on Table 4 (Attachment 10 to the Zoning Ordinance). The four existing EMCs are grandfathered and considered nonconforming signs for the purpose of § 170-38. The following provisions shall apply to new and existing EMCs including nonconforming EMCs: Duration of message change interval. Each message on an EMC can be changed no more frequently than once every five minutes, and the actual change process is accomplished in two seconds or less with no face in or fade out. Transitions/flashing/animation. The EMC shall display only static messages that remain constant in illumination intensity and do not have movement or the appearance or optical illusion of movement (no revolving, flashing, moving, scrolling, or rotating). Also, the EMC shall consist only of alphabetic or numeric characters on a plain black background and may not include graphic, pictorial, or photographic images. Dimming. The EMC shall be equipped with a fully operational light sensor that automatically adjusts the intensity of the billboard according to the amount of ambient light. Brightness levels. EMCs shall not exceed a maximum illumination of 0.3 footcandle above the ambient light as seen at a distance of 150 feet for the time period between sunset and sunrise. The applicant shall provide written certification from the sign manufacturer that the light intensity has been preset not to exceed the levels specified above, and the intensity level is protected from end-use adjustment. Colors. EMCs shall be a single color on any given message or display (i.e., they shall be mono color signs) and shall always use only one color. Time restrictions. EMCs located on a lot adjacent (includes across a street) to any residentially zoned or residentially used parcel shall be turned off between the hours of 10:00 p.m. and 6:00 a.m. Audio speakers. Audio speakers are prohibited. Malfunctions. EMCs shall be designed to either freeze the display in one static position, display a full blank screen, or turn off in the event of a malfunction. Annual Permit Requirement. All existing and future EMCs permitted under this section shall require a permit from the Zoning Administrator which shall be reviewed and renewed annually. Annual renewal applications shall be submitted no later than thirty (30) days prior to the permit's expiration. As part of the annual permit review, the Zoning Administrator shall confirm compliance with: All operational and display standards of this section; Applicable safety, brightness, and timing requirements; and Any conditions imposed at the time of permit issuance; Failure to demonstrate continued compliance may result in suspension, non-renewal, or revocation of the EMC permit, or fines. Renewal fees, if applicable, shall be established by the Town Council by resolution. Freestanding Signs. Freestanding signs may be dual-sided. For the purposes of sign area calculation, only one side of a dual sided freestanding sign will be considered. Freestanding sign height shall be measured from the average contact grade to the highest point of the sign or supporting structure. Sign area calculation does not include any portion of the sign containing architectural features or addresses. Prohibited signs. The following signs are prohibited: Pennants, streamers, and spinning or similar type signs, except feather signs. Any sign that flashes or rotates. Any sign fastened to, and supported by, or on the roof of a building, and no projecting sign shall extend over or above the roof (including mansard roofs) of a parapet wall of a building. Off-premises signs. Any sign advertising or identifying a business or organization which is not located on that premises, other than temporary signs. Signs in the public right-of-way, except easel/placard signs placed on the sidewalk in front of a business, provided that the sign doesn't impede pedestrian traffic. Signs that are obscene, illegal, hazardous to traffic, imitative of official government signs (i.e., Stop, Danger, Caution, etc.) or obstructive to public visibility so as to create a hazard to the public. New electronic message centers (EMCs) and digital electronic signs of any kind, are prohibited, except for governmental and institutional signs in non-residential zoning districts (excluding the Central Business District) and for public school signs in residential zoning districts and subject to the supplemental standards contained in § 170-38.E(3) and Table 4 (Attachment 10 to the Zoning Ordinance). Shopping Center Signage. The following shall apply to Shopping Center Signage. Subject to the following, the Planning Commission may approve a Comprehensive Signage Plan as part of a new development, or redevelopment of a shopping center in the C-3 and PBD Districts. (Additional Standards are found in Attachment 9, Table 3 of Chapter 170). In its review, the Commission shall consider the request in the context of the site, the compatibility and consistency of the signs with themselves and with respect to the unit(s) or building they are identifying, safety/visibility concerns, lighting and other neighborhood compatibility issues. Signage shall be reasonably consistent throughout the shopping center for architectural features, materials, and lighting, and appropriate for the architectural design of the building(s). Director signage shall be included as part of the above considerations. Signs included with the Comprehensive Signage Plan shall be exempt from the maximum total signage per property, but must comply with the maximum signage area for each sign type per business. A Comprehensive Signage Plan shall include a detailed overall design and treatment of signs throughout the shopping center. At a minimum the Plan shall include: Sign Dimensions. Materials. Lighting and illumination used for the sign. Color Scheme. Letter or Graphic Style. Location of each sign. Exceptions to the size limits allowed as approved by the Planning Commission of standardized corporate identity signage for anchor stores. Freestanding Shopping Center Signage. The location of Freestanding Shopping Center sign as part of an approved Comprehensive Signage Plan may be permitted on a separate parcel if the parcels shar a common entrance, provided the separate parcel is included in the Comprehensive Signage Plan. Freestanding Shopping Center Signage is limited to one (1) sign per approved shopping center development or re-development. Placement of the sign in close proximity of the entrance is encouraged. Freestanding shopping center signs shall have a minimum setback from the property line of 10 feet. The Planning Commission may allow for increases int he individual sign size limits contained in Attachment 9, Table 3 of Chapter 170 for standardized corporate identity signage of anchor stores where appropriate. Amendments. The periodic replacement of individual signs as tenants change shall not require modification of the Comprehensive Signage Plan, unless the Zoning Administrator determines the proposed signage substantively deviates from the approved Plan. Should this occur, the review and approval of the proposed change to the Comprehensive Shopping Center Sign Plan by the Planning Commission shall conform with all requirements of this Ordinance. [Amended 12-18-2001 by Ord. No. 10-01; 3-20-2014 by Ord. No. 05-2014; 3-7-2019 by Ord. No. 01-2018] 1 Editor's Note: Tables 1 through 4 are included as attachments to this chapter. HISTORY Amended by Ord. 04-2023 on 8/17/2023 Amended by Ord. 06-2025 Amendment to electronic signs. on 9/18/2025 Adopted by Ord. 15-2025 Shopping Center Signs on 2/25/2026 170-39 Accessory Uses And Structures; Fences Except as otherwise provided in this chapter, all uses and structures shall be located outside the required front or side yards in any residential or commercial district. Accessory uses and structures that are a part of or attached to the main building require the same minimum yard setbacks as the main building. [Amended 1-2-2014 by Ord. No. 13-2013; 10-4-2019 by Ord. No. 11-2019; 9-2-2021 by Ord. No. 09-2021] Accessory buildings which are not a part of or attached to the main building, although they may be connected by an open breezeway, may only be located between the rear lot line and the closest point of the rear wall of the main building, provided that the sum of the building footprints of all existing and proposed accessory building does not exceed 30% of the area of the required rear yard and provided the following standards are adhered to: [Amended 9-2-2021 by Ord. No. 09-2021] Every accessory building shall be set back from side and rear lot lines at least three feet except as provided herein: The minimum required setback from the side and rear lot lines shall be five feet up to a maximum height of 15 feet and 10 feet for every height above 15 feet as shown in the table presented here: Height of Accessory Building (feet) Minimum Setback from Lot Line (feet) Side Rear Vegetative Buffer Under 12 3 3 Not required 12 - under 15 5 5 Required 15 and over 10 10 Required The building height shall be no higher than the height of the principal structure on the lot. The permit application for any building 12 feet or more in height shall include a native species evergreen buffer planting plan designed to allow only filtered views of the building from adjoining lots and the street. Side yard fences. Fences are prohibited between the side street yard building restriction line of any residential building and any publicly dedicated street, private street or private parking area; however, in the R-1 Zone, the Zoning Administrator may permit a fence in a side yard on a corner lot outside of the building restriction line, providing that the fence does not affect visibility at nearby intersections. If the fence crosses any Town-owned easements, the property owner shall record a statement among the land records of Queen Anne's County that it is their responsibility and that they shall bear the cost of removal if the fence must be moved or removed in order to access the easement, and that if the fence is damaged for any reason, there is no liability on behalf of the Town. This section shall not affect any easements that are not Town owned, which shall be governed by the easement document in terms of whether fences are permitted in the easement area. [Amended 5-2-2019 by Ord. No. 04-2019] Rule of construction. In applying the fence restrictions contained in this section, the term "front yard" shall mean the "apparent front yard," and the side, side street and rear yards of any lot shall be determined by their relationship to the apparent front yard of the lot. For through corner lots, one yard abutting a publicly dedicated right-of-way, private right-of-way or parking area shall be determined to be the apparent front yard as defined herein, and the other two yards abutting publicly dedicated rights-of-way or parking areas shall be side street yards. [Amended 12-7-2006 by Ord. No. 07-06] 170-40 Satellite Dishes Satellite dishes greater than one meter (39.37 inches) in diameter, shall be located in the rear yard and shall meet setbacks provided in § 170-39 above. [Amended 1-2-2014 by Ord. No. 11-2013] 170-41 Apartment Conversion Conversion of large homes into two or more residential apartments in any district where permitted must comply with the following: Parking regulations as per Article IV, § 170-32A(1) shall be met. There shall be 5,000 square feet of land area per apartment unit. All current building and fire codes must be met. [Added 12-18-2001 by Ord. No. 10-01] 170-42 Buffer Yards Purpose. One of zoning's most important functions is the division of land uses into districts which have similar character and contain compatible uses. All uses permitted in any district have generally similar characteristics. Buffer yards will operate to minimize the negative impact of any future use on neighboring uses. The buffer yard is a combination of setback and a visual Buffer or barrier and is a yard or area together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each buffer yard requirement of this chapter are specified and are designed to ameliorate nuisances between adjacent zoning districts to ensure a desired character along public streets and roads. The planting units required of buffer yards have been calculated to ensure that they do, in fact, function as "Buffers." Buffer yards shall be required to separate different zoning districts from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. Mature woodlands are considered the best Buffers and should be used whenever possible. Location of buffer yards. Required buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. The required buffer yards shall not extend into any portion of an existing or dedicated public or private street or right-of-way. Determination of required buffer yard. To determine the type of buffer yard required on a parcel or between two parcels or between a parcel and a street, the following procedure shall be used: Identify whether any portion or property line of the site constitutes a zoning district boundary. If it does, determine the zoning on both sides of the property. Determine whether the land on the adjoining property is vacant or developed or whether a plat of the subdivision has been approved. Classify any street adjacent to the proposed use as a local, collector, or arterial street. Determine the buffer yard required on each boundary (or segment thereof) of the subject parcel by referring to the Tables of Required Buffer Yards in Subsection E of this section. Determine it the proposed development is a use which has buffer yards required to separate that use from certain uses. Then determine the buffer yard required between such uses by referring to the Tables of Required Buffer Yards. Responsibility for buffer yards. When a proposed use adjoins a vacant parcel for which a buffer yard is required by the presence of a zoning boundary, that use shall provide 0.5 of the Buffer which is required by the Tables of Required Buffer Yards. The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total buffer yard required between those two uses. If the adjoining use had developed without a buffer yard, the second use will be responsible for installing the total buffer yard. Existing plant material and/or land located on the preexisting (first developed) land use which meets the requirements of this chapter may be counted as contributing to the total buffer yard required between it and the second (adjacent) land use to develop. Tables of Required Buffer Yards. Buffer Yards Between Adjacent Districts 2 R-1 R-2 R-3 CBD C-2 C-3 I-1 PRA PUD PBD R-1 B 1 C 1 C D E E — C E R-2 B 1 — C 1 C D E E — B E R-3 C 1 C 1 — B C D E — A D C-1 C C B — — — B — B A C-2 D C C — — — A — D — C-3 E E D — — — — — D — I-1 E E E B A — — — E — PRA Will be the same as the zone designation assigned PUD C B A B D D E — — D PBD E E D A — — — — D — NOTES: 1 Buffer yards only required between single-family attached and multifamily and single-family-detached homes. 2 See Appendix 1. — Indicates buffer yards either not required or not applicable. Street Buffers Functional Class Zoning Districts Arterial Collector Local R-1, R-2 B A — R-3, PUD C B A CBD — — — C-2, C-3, I-1, PBD B B B Buffer yard requirements. Illustrations graphically indicating the specification of each buffer yard are contained in Appendix 1. 1 Buffer yard use. A buffer yard may be used for passive recreation or stormwater management. It may contain pedestrian, bike, or equestrian trails provided that no plant material is eliminated, the total width of the buffer yard is maintained, and all other regulations of the ordinance are met. In no event, however, shall swimming pools, tennis courts or other such uses be permitted in buffer yards. The Planning and Zoning Commission may allow substitution or reduction of the buffer yard if it finds that the required buffer yard will obstruct the view of a driver or that the buffer yard is incompatible with the existing streetscape. Ownership of buffer yards. Buffer yards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, the Town of Centreville, or a homeowners' association, provided that any such conveyance adequately guarantees the protection of the buffer yards for the purposes of this chapter. Excess buffer yard. Where the buffer yard required between a land use and vacant land turns out to be greater than that buffer yard which is required between the first use and the subsequently developed use, the following options apply: The subsequent use may provide 50% of the Buffer required by this section. The existing use may expand its use into the original Buffer area, provided that the resulting total buffer yard between the two uses meets the buffer yard requirements of this section. The existing use may enter into agreements with abutting landowners to use its existing Buffer to provide some or all on the required buffer yard of both land uses. The total Buffer shall equal the requirements of this section. Provided that such an agreement can be negotiated, the initial use may provide the second use some or or all of its required buffer yard and/or extra land on which it might develop. The existing use may reduce its excess Buffer by transferring part or all of the excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use. Contractual reduction of buffer yards. When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced Buffer may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater than a specified land use intensity class; and an agreement by that vacant landowner to assume all responsibility for additional Buffer, if needed by the subsequent development of a less intense use than had been agreed upon. Notwithstanding any other provision of the Zoning Code, when a lot in the R-1 or R-2 Zoning District is to be developed or converted into a new use permitted by right or special exception, other than a single-family detached residence, or the lot is in the R-3 District and is to be developed or converted into any nonresidential use permitted by right or special exception, then the following standards shall apply: [Added 5-6-2021 by Ord. No. 05-2021] A minimum fifty-foot setback shall be established between any principal structure and any side or rear lot line adjacent to an existing single-family detached residence; Within the fifty-foot setback, the Planning Commission shall determine the required buffer yard from those that are set forth in Chapter 170, Attachment 1, 2 of the Town Code considering the proposed use and the adjacent uses; No parking lot, driveway, or street shall be permitted within the Buffer yard; and Accessory apartments on lots that are in single-family residential use and the use of an existing single-family house for a bed-and-breakfast establishment or short-term rental are exempt from this requirement. 1 Editor's Note: Appendix 1 is included as an attachment to this chapter. 2 Editor's Note: Attachment 1 (Appendix 1, Bufferyard Requirements) is included as an attachment to this chapter. 170-43 Railroad Nothing in this chapter shall be deemed to prevent the use and operation of the existing railroad lines or associated sidings. 170-44 Correction/Detention Facilities Correctional and detention facilities, jails and related amenities owned and/or operated by county or municipal authorities may be permitted as special exception in any zone. 170-45 Single-Family Residential Cluster Developments Purpose. The purposes of residential cluster developments are to permit a procedure for development which will result in improved living environments; promote more economical subdivision layout; encourage a variety of types of residential dwellings; encourage ingenuity and originality in total subdivision and individual site design; reduce housing costs; and preserve open space to serve recreational, scenic, and public service purposes, and other purposes related thereto, within the densities established for the cluster net tract area. To achieve these goals: Variations in areas are permitted in the R-1 Zone. Procedures are to be established by the development to assure adequate maintenance and restricted use of joint-use facility areas for the benefit of the inhabitants of the subdivisions or for dedication to public use. Approval. No residential cluster development may be constructed except in accordance with a subdivision plat and/or site plan approved by the Planning and Zoning Commission. Uses permitted. Residential use in the R-1 Residential District shall be limited to single-family houses with a minimum lot size of 10,000 square feet and maximum density of three units per acre. Applicability and minimum land areas required. A proposed development shall be eligible for consideration under the provisions of this section only if all of the following requirements are met: The applicant shall have legal or equitable title to the property or shall otherwise have a legal interest in the real property which is the subject of the application. The proposed development shall contain a minimum number of contiguous acres located within an R-1 Zone and shall have a minimum tract size of three acres. The minimum density requirements shall be the same as otherwise required in the district. Lot coverage. Impervious surfaces are surfaces that do not absorb rain, including all buildings, roads, sidewalks, patios, parking areas and any other areas paved in concrete or asphalt. Efforts to minimize impervious surfaces shall be encouraged. Fifteen percent of the site must remain in common open space as set forth in Article IV, § 170-46. Site design principles. Conventional siting practices as specified in the site plan review provisions of this chapter, such as the setback and orientation of buildings in relation to lot lines, streets and other buildings, may be varied to produce attractive and interesting arrangements of buildings, subject to the following general requirements: Residential structures shall be located and arranged to promote privacy for residents within the development and to maintain privacy for residents adjacent to the development. Residential and other structures shall be set back by a distance sufficient to protect the privacy of adjacent existing uses consistent with buffer yard requirements outlined in this section. Residential and other structures shall be located and arranged in a manner to avoid areas which have significant development limitations (e.g. wet soils, steep slopes, flood hazard areas, etc.) The natural features analysis of the site shall be a major factor in determining the location of residential structures, location of proposed roads and other site improvements. Particular attention shall be given to protection of tidal and nontidal wetlands, fish spawning areas, rare, threatened or endangered species habitat, and other ecologically significant features. Residential structures shall be located and sited to facilitate pedestrian and visual access to common open space whenever possible. All structures shall be erected in such configurations so as to permit ready access by emergency vehicles. Shared off-street parking areas and driveways may be permitted for up to three single-family units, pursuant to Article IV, § 170-32 of this chapter, and shall be located and designed to provide direct access to a local Town street. The usability of cluster open space intended for recreation or public use shall be determined by the size, shape, topographic and location requirements of the particular purpose proposed for the site. Cluster open space shall include irreplaceable natural features located in the tract (such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, and water access). Cluster open space intended for a recreation or public use shall be easily accessible to pedestrians. Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationships between development and the land. Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view from buildings, and to lessen area developed to motor vehicle access. Individual lots, buildings, units and parking areas shall be situated to avoid the adverse effects of shadows, noise, and traffic on the residents of the site. Tree conservation and landscaping. Existing trees shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured diameter at breast height) shall be given high priority in determining the location of open space, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed whenever possible. Where extensive natural tree cover and vegetation does not exist, landscaping shall be provided to enhance the appearance of the development, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units. Bond for improvements. Prior to the issuance of a building permit, there shall be delivered by the owner or developer some form of surety acceptable to the Town in an amount as specified by the Town Manager, which shall be submitted with the site plan, in the same fashion as described in Chapter 138, Subdivision Regulations, which surety shall secure an agreement to construct such required physical improvements as identified in the proposed plan of development. 170-46 Common Open Space Intent. Common open space (spaces designed and intended for the use and enjoyment of all residents of the development) may contain such complementary structures, improvements as are necessary and appropriate for the use, benefit and enjoyment of residents of the development. Open space provided for the purpose of protection of existing site features may include areas in wetlands. General requirements. Common open space areas shall be exclusive of parking lots and road rights-of-ways. Common open space may serve recreational purposes, preserve significant site features, and preserve productive farmland. The uses authorized shall be appropriate to the purposes intended to be served. Open space designed to serve recreational purposes shall be appropriate to the scale and character of the cluster development, considering its size, density, expected population, and the number and type of dwelling units proposed. Ownership of open space shall be handled in the following manner: If joint use facilities are not dedicated to public use, they shall be protected by legal arrangements, satisfactory to the Planning and Zoning Commission, sufficient to assure their maintenance and preservation for whatever purpose they are intended. Covenants or other legal arrangements shall specify ownership of the open space, method of maintenance, maintenance taxes and insurance, compulsory membership and compulsory assessment provisions and guarantees that any association formed to own and maintain open space will not be dissolved without the consent of the Planning and Zoning Commission. Unless the Planning and Zoning Commission finds that the size, location, type of development, or cost of development or maintenance of such open space, or the availability of public open space would make public use desirable and necessary, cluster open space shall not be made available for the use of all residents of Centreville. The Planning and Zoning Commission generally will require dedication of all areas indicated for acquisition in the Town's Comprehensive Plan. The developer shall ensure that the common open space and improvements not dedicated and accepted for public ownership are maintained and cared for, and the developer shall provide for and establish an organization for the ownership, maintenance and preservation of open space which shall conform to the following standards and procedures: The organization shall be established by the developer before sale or rental of dwelling units in the development, and prior to final approval of the development plan by the Planning and Zoning Commission. The financial and organizational structures, rules of membership, and methods of cost assessment of the organization shall be devised to ensure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization. The organization responsible for maintenance, preservation, and improvement of common open space lands and all property owners within the development shall be permitted to participate in such organization. Areas set aside to meet the open space requirements hereof shall be adequately described. Instruments in the form of deed restrictions and/or covenants shall be provided to ensure the purpose for which the open space is provided will be achieved. Said instruments shall be approved by the Town Manager and Town Attorney prior to recordation among the Land Records of Queen Anne's County. 170-47 Site Plans General. The purpose of the site plan is to assure detailed compliance with applicable provisions of this chapter and to prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only in accordance with all the specifications contained on an approved site plan and shall not be undertaken until the site plan is approved and all the required construction permits have been obtained subsequent to such approval. Approving authority. [Amended 2-21-2008 by Ord. No. 02-2008] Site plans shall be required for all single-family cluster, multifamily dwellings, nonresidential buildings and developments, and mobile home parks. Site plans shall also be required in the Critical Area Overlay District for water-dependent uses, except private piers. All site plans for developments referred to above shall be prepared and submitted as described below and approved by the Centreville Planning and Zoning Commission. Information required to be included in the site plan. [Certain information is only required for developments in the Critical Area Overlay Zone. That information is followed by this denotation: (CA only)]. An area or vicinity map at a scale of not smaller than one inch equals 2,000 feet and showing such information as the names and numbers of adjoining roads, streams, bodies of water, railroads, subdivisions, election districts, or other landmarks sufficient to clearly identify the location of the property. A boundary survey plat of the entire site at a scale not smaller than one inch equals 100 feet unless otherwise specified by the Planning and Zoning Commission showing the following: Existing topography at two- or five-foot contour intervals. Slopes in excess of 15% (CA only). Existing and proposed regraded surface of the land. Location of natural features such as streams, major ravines, drainage patterns, within the area to be disturbed by construction and the location of trees measuring greater than 12 inches in diameter to be retained. Floodplain boundaries (one-hundred-year). Location and areal extent of all soils with septic limitations; wet soils; hydric soils; and soils with hydric properties as shown on the County Soil Survey (CA only). A detailed drawing showing: Location, proposed use, and height of all buildings (delineate all existing buildings and structures); Location of all parking and loading areas with ingress and egress drives thereto; Location of outdoor storage (if any); Location and type of recreational facilities (if any); Location of all existing or proposed site improvements, including storm drains, culverts, retaining walls, fences, stormwater management facilities as well as any sediment and erosion control structures (information on shore erosion shall include the existing shoreline management designation as shown on the Town of Centreville Critical Area Program Map, existing structures, their condition, and areas for proposed structural and nonstructural controls, shown on the boundary survey plat, at a scale of at least one inch equals 100 feet); Description, method, and location of water supply and sewerage disposal facilities; Location, size, and type of all signs; The location, size, and type of vehicular entrances to the site; The location of the Critical Area District boundary, the Buffer and other Buffer areas, open space areas, and forested areas; The location of all Habitat Protection Areas (CA only); The location of all contiguous forested areas adjacent to the site that are linked to forested areas on the development site, i.e., hedgerows, forest patches or other wildlife corridors (CA only); The location of agricultural fields, barren lands, pasture, etc. The location of tidal and nontidal wetlands on the site; The location of existing water-dependent facilities on and adjacent to the site, including the number of existing slips and moorings on the site (CA only); The location and extent of existing and/or proposed erosion abatement approaches; The location of anadromous fish spawning stream(s) on or adjacent to the site and a delineation of the watershed area of the stream on the site (CA only); and A detailed drawing locating shore erosion abatement techniques to the included with the site plan (CA only). Elevations, which indicate the exterior appearance and materials to be used in each structure within the site plan. [Added 4-5-2007 by Ord. No. 1-07] Computations of: Total lot area; Building floor area for each type of proposed use; Building coverage in percentage; Road area; Number and area of off-street parking and loading spaces; Total site area in the Critical Area District (CA only); Total man-caused impervious surfaces areas and the percentage of site these occupy; Separate computations of the total acres of existing forest cover in the Buffer and in the Critical Area (CA only); Proposed agricultural open space areas; Proposed forest open space areas; and Total area of the site that will be temporarily disturbed during development and the total area that will be permanently disturbed. "Disturbed" is defined as any activity occurring on an area which may result in the permanent loss of or damage to existing natural vegetation (CA only). Commercial or industrial uses must include: Specific uses proposed; Maximum number of employees for which buildings are designed; Type of energy to be used for any manufacturing processes; Type of wastes or by-products to be produced by any manufacturing process; Proposed method of disposal of such wastes or by-products; and Location of outdoor lighting facilities. In addition to the information above, site plans shall be accompanied by the following: A Forest Management Plan including the comments of the Bay Watershed Forester (CA only); A Habitat Protection Plan including the comments of the Maryland Forest, Park and Wildlife Service (CA only); An executed cooperator's agreement with the Soil Conservation District or Farm Plan, as applicable (CA only); A Stormwater Management Plan; A Sediment and Erosion Control Plan; A Planting Plan, as required; and An Environmental Assessment Report which provides a coherent statement of how the proposed development addresses the goals and objectives of the Centreville Critical Area Program (CA only). At a minimum the environmental assessment shall include: A statement of existing conditions, e.g., the amount and types of forest cover, the amount and type of wetlands, a discussion of existing agricultural activities on the site, the soil types, the topography, etc; A discussion of the proposed development project, including number and type of residential units, amount of impervious surfaces, proposed sewer treatment and water supply, acreage devoted to development, proposed open space and habitat protection areas; A discussion of the proposed development's impacts on water quality and Habitat Protection Areas; and Documentation of all correspondence and findings. Other information as requested by the Town. Procedure for preparation. Site plans shall be prepared and certified by an engineer, architect, landscape architect, or land surveyor duly registered to practice in the State of Maryland or equivalent certification. All site plants shall clearly show the information required by this section. If such plans are prepared in more than one sheet, match lines shall clearly indicate where the several sheets join, and an index sheet shall be required. Every site plan shall show the name and address of the owner and developer, the election district, North point, date, scale of the drawing, and the number of sheets. Five clearly legible copies of all site plans shall be submitted to the Centreville Planning and Zoning Commission (which may require that additional copies be provided when necessary). Procedure for processing. Upon receipt of the site plan, the Zoning Administrator shall conduct a review by the Technical Advisory Committee (TAC) which consists of appropriate technical advisors and other departments, agencies, and officials as he/she may deem appropriate. The site plan shall be approved if it meets the requirements of this section, the other requirements of this chapter and, all other federal, state, and Town regulations and when all necessary permits and approvals have been obtained. Where the submission of a site plan for a proposed use or development activity is required under this section, the applicant needs to effectively demonstrate that the following requirements are met, and the site plan shall not be approved unless: a. The site plan meets the design principles and standards and required improvements set forth in this Ordinance, the Town Comprehensive Plan, the Town of Centreville Subdivision Regulations, and other ordinances, regulations, and policies established by the Town of Centreville; b. The site plan avoids or minimizes adverse impacts upon features (whether on- site or off-site) of historical, cultural or ecological significance; c. The proposed use or development activity will further enhance pedestrian, bicycle, and transit/automobile accessibility and Americans with Disabilities Act (ADA) Accessibility and not substantially increase traffic hazards due to traffic generated by the proposed use, the location of curb cuts, the layout of internal traffic circulation and its overall access to the transportation network; d. The site plan and the proposed use or uses do not cause any adverse impact upon the health or safety of persons residing or working in the area surrounding the site or upon the character of the neighborhood surrounding the site; and e. The site plan improves the water quality of the Chesapeake Bay or its tributaries. The Planning and Zoning Commission shall approve, conditionally approve, or reject a site plan. Notice of such action shall be given in writing to the applicant. Construction of required improvements. Upon receipt of the site plan, the applicant shall then secure the necessary construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the Planning and Zoning Commission. After construction has been completed, inspection of site improvements shall be made by those departments specified by the applicable requirements. The installation of improvements shall not bind the Town to accept such improvements or the maintenance, repair and operation thereof; said improvements shall be in addition to (and not in lieu of) any other legal requirements. Expiration and extension. Approval of site plans shall be for a one year period and shall expire at the end of that period unless building construction has begun. Upon written request by the applicant, within 90 days of the expiration of said approval, a one-year extension may be given by the Planning and Zoning Commission. Such request shall be acknowledged, and a decision rendered thereupon. HISTORY Amended by Ord. 12-2024 on 2/13/2025 170-48 Simplified Site Plan Upon determination by the Zoning Inspector, a simplified site plan shall be filed for a single-family dwelling, an accessory building, an addition to or change of use of a nonresidential structure, or for a special exception use which does not require a building permit, in those cases where a field inspection indicates that the scope of the proposed accessory building, addition, or special exception use is of such a nature that the provisions for the handling of natural and stormwater, sediment control, off-street parking, setbacks, water and sewerage, and other requirements can be adequately addressed with a simplified site plan. Except as provided below, said simplified site plan shall be approved by the Zoning Administrator. At the Zoning Administrator's sole discretion, the Zoning Administrator may forward a simplified site plan to the Planning and Zoning Commission, in which case the Planning and Zoning Commission shall approve, conditionally approve, or reject the simplified site plan. [Amended 2-21-2008 by Ord. No. 03-2008] The simplified site plan shall contain at a minimum the following information: Accurate sketch of the lot drawn to scale. Present record owner of the property. Location and size of the vehicular entrance to the site. Water and sewer facilities, if required. Location of parking area and number of stalls required. Location, dimensions, height, and setbacks of all existing and proposed buildings. Proposed use of a structural addition or building. For single-family dwellings, existing and proposed drainage patterns. Any or all of the required information may be waived if the Zoning Administrator finds that it is not needed to make a determination of zoning compliance. 170-49 Commercial Property Exterior Lighting Commercial property exterior lighting and light fixtures shall be designed, installed, and arranged in a manner to minimize the impact of the light emitted by such lighting or light fixtures on adjacent properties, including, but not limited to, public streets and rights-of-way. Flashing, strobe, revolving or intermittent exterior lights are not permitted. Flashing, strobe, revolving, or intermittent interior lights are not permitted within any commercial building if the light emitted by any such light fixture is visible from the building exterior. The prohibitions established by this section shall not apply to: Temporary seasonal or holiday decorative lighting. Temporary emergency lighting. [Added 12-2-1999 by Ord. No. 0-01-99] 170-50 Small Cell Facility Small cell facilities may be installed on an existing building or rooftop of such building, provided it is integrated into the design and color of the building. Installations mounted on buildings or rooftops shall be oriented to limit visibility from the street without compromising the functionality of the installation, including screening, stealthing, or camouflaging where appropriate. For building and rooftop installations, the equipment cabinet may be mounted inside the building, on the rooftop, on the building, or on the ground, provided it is either screened from view or integrated into the design and color of the building. Installations shall not be installed on single-family attached, single-family detached, two-family, duplex, multifamily, or semi-detached homes, nor installed any closer than 50 feet from such structures. Small cell facilities may be installed on freestanding light poles or other poles on private property. Any installation within a public road, public right-of-way or public utility easement shall be subject to the provisions set forth in Article III of Chapter 134 of the Code of the Town of Centreville. For any proposed installation on an existing pole, the applicant shall provide evidence that the pole has adequate structural capacity to carry the additional loading from the proposed installation. If located on a new or existing pole, such pole may not exceed a height of: 50 feet in an industrial zoning district, 20 feet in a residential zoning district, and 30 feet in any commercial or any other zoning district. On any lot in a residential zoning district, a pole-mounted installation shall to the fullest extent possible be set back from view from adjoining properties and the public right-of-way and shall only be allowed rearward of the principal building on such lot and shall not be located in any required side yards. In residential areas, no installation may be located on public or private property within a radius of 300 feet of another installation, including any such installation located in a public right-of-way, except in the case of a cluster installation that does not result in a substantial increase in size. In no case may more than four antennas be clustered on a single pole in a residential area. Any pole over 30 feet in height must allow for co-location by future or concurrent applications for the installation of wireless telecommunications facilities. The applicant must demonstrate that the design of the pole and antenna support and the placement of ground-mounted facilities will accommodate one or more other wireless telecommunications facilities. The owner of the pole and antenna support must certify that the antenna support is available for use by another future or concurrent applicant for the installation of wireless telecommunications facilities on a commercially reasonable and nondiscriminatory basis. The equipment cabinet for such installations may be mounted on the pole or on the ground, and if located on the ground in any residential zoning district and in the Central Business District (CBD) and taller than four feet (including any support structure), it shall be faced with a building material compatible with the structures in its surroundings and it shall be surrounded by native vegetative landscaping or other landscaping treatment providing screening of at least three feet in height. The Zoning Administrator shall determine compliance with the screening requirements of this subsection. Notwithstanding any provision of this Chapter 170 of the Code to the contrary, the Zoning Administrator shall determine the required setback for any installation on a case-by-case basis upon a finding that the setback required is that which will achieve the maximum in safety and aesthetics given its location and potential impact to surrounding properties or the district in general. No lights or other illumination devices other than security lights are permitted on any small cell facility, unless required by the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA") or the Town. If security lighting is required, it shall not be permitted to be installed any higher than 18 feet from grade, unless required by the FCC, FAA, or the Town. Any security lighting must be downshielded to prevent light pollution on adjoining properties. Notwithstanding anything in this section to the contrary, a small cell facility may be installed on an existing or proposed light pole or other type of pole or structure that incorporates lighting for a purpose other than that related to the small cell facility. There shall be no advertising or other signage on any portion of a small cell facility except that each installation must be identified by a permanently installed plaque or marker no larger than four by six inches which clearly states the mailing address, email address, and twenty-four-hour local or toll-free telephone number for reaching a live contact person for both the permittee and the agent responsible for the maintenance of the facility. Emergency contact information must be included for immediate response; such information must be updated in the event of a change in permittee, the agent responsible for maintenance of the facility, or both. Every small cell facility (including all associated appurtenances) must be removed at the cost of the owner of the facility when the telecommunications facility is no longer in use by any telecommunications carrier. The owner shall have 90 days to remove the small cell facility following the date on which the owner's use of the small cell facility ceases. The owner shall provide financial surety in a form and amount acceptable to the Town to secure payment of 125% of the cost of removal of the small cell facility and all associated appurtenances if the use is discontinued. Any new light pole erected for purposes of mounting a small cell facility shall be designed consistent with other existing light poles within the surrounding area; other types of new poles shall not be permitted to be installed for purposes of mounting a small cell facility. Small cell facilities shall not interfere with public safety telecommunications. Any application for building and/or use and occupancy permit for a small cell facility shall be accompanied by an intermodulation study which provides a technical evaluation of all proposed transmissions and indicates all potential interference problems. Prior to the introduction of any new service, the owner/operator shall provide the Town at least 10 calendar days' written notice to the Town Manager in advance of such service and allow the Town to monitor interference levels during the testing process. Use of backup power sources. The use of diesel generators or other backup power sources shall be limited to actual power-outage events and any operation necessary for testing and maintenance. Permanent or continuous use of backup power sources is prohibited. In addition to any other requirements for a zoning permit, building permit, and/or use and occupancy permit for a small cell facility, as part of the application, the applicant shall provide the following: A report from a qualified and licensed professional engineer that describes the small cell facility design, including cross sections and elevations; documents the height above grade for the small cell facility and potential mounting positions for co-located antennas (if any) and the minimum separation distances between antennas; describes the location of the small cell facility, including the number of additional antennas that can be accommodated (if any); documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; includes architectural renderings of the small cell facility illustrating what it will look like at the proposed location and from various vantage points, as may be required by the Zoning Administrator. The applicant shall specify whether the application is subject to any Federal Communications Commission application requirements or federal or state law, and if so, identify the law and the applicable requirements. The applicant shall provide proof that it is a licensed provider and will comply with all federal, state, and Town laws and regulations, including those relative to wireless service. A master report plan of applicant's current proposed communication network, including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and co-location sites. The application shall include the number of potential co-location sites on the proposed small cell facility. The applicant shall provide a safety report demonstrating that the structure can safely accept installation of the antennas and additional communication facilities. If the applicant is not the owner of the property, the applicant shall provide proof of permission from the owner. The applicant shall provide any other information reasonably required by the Zoning Administrator to evaluate the request. [Added 3-21-2019 by Ord. No. 03-2019 1 ] 1 Editor’s Note: This ordinance also redesignated former §§ 170-50 through 170-68 as §§ 170-52 through 170-70, respectively. 170-51 Telecommunications Tower It must be demonstrated that the location of a telecommunications tower is required for a specific antenna or antennas. No telecommunications tower shall be constructed for speculative reasons. It must be demonstrated that an attempt has been made to locate the antenna on an existing tower or another suitable structure. Telecommunications towers shall be located a minimum distance from any property line equal to the height of the tower plus 10 feet. It must be demonstrated that any telecommunications tower is in compliance with all federal regulations (FAA, FCC) prior to the Board of Appeals approval of a telecommunications tower. Telecommunications towers shall be no taller than necessary to ensure the effective service for the relevant service area, but in no case shall the telecommunications tower exceed 50 feet in height, and the tower shall be self-supporting. Telecommunications towers should be designed to accommodate as many co-located antennas as feasible. Buffer screen yards as per the provisions of § 170-42 shall be provided surrounding any telecommunications tower structure and any accessory equipment building and such landscaping buffer shall include evergreen species with a mature height of not less than the height of any accessory building and/or fencing. To the extent possible while maintaining the requisite functionality of the telecommunications tower, telecommunications towers shall be positioned on a site so as to minimize the visual impacts of the telecommunications tower from all public streets. To accomplish this, a telecommunications tower should generally be buffered by buildings, landscaping and/or other site features. Telecommunications towers shall also be designed to minimize adverse visual and environmental impact (e.g., paint, camouflage, screening, stealth technology, concealed towers, color, use of existing structures and natural landscape, etc.). All equipment shelters shall be maintained in neutral shades consistent with the natural landscape. No lights or other illumination devices other than security lights are permitted on any telecommunications tower, unless required by the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA"), or the Town. If security lighting is required, it shall not be permitted to be installed any higher than 18 feet from grade, unless required by FCC, FAA, or the Town. Any security lighting must be downshielded to prevent light pollution on adjoining properties. There shall be no advertising or other signage on any portion of a telecommunications tower except that each telecommunications tower must be identified by a permanently installed plaque or marker no larger than four by six inches which clearly states the mailing address, email address, and twenty-four-hour local or toll-free telephone number for reaching a live contact person for both the permittee and the agent responsible for the maintenance of the Telecommunciations Tower. Emergency contact information must be included for immediate response; such information must be updated in the event of a change in permittee, the agent responsible for maintenance of the telecommunications tower, or both. The telecommunications tower shall be removed by the owner and at the owner's sole cost and expense when the telecommunications tower is no longer used by any wireless communication carrier for more than 12 months. The owner shall provide financial security in a form and amount acceptable to the Town to secure payment of 125% of the cost of removal of the telecommunications tower, base, foundation to six feet below ground level and accessoary structures if the telecommunciations tower's use is discontinued for more than 12 months. Telecommunications towers shall not interfere with public safety telecommunications. Any application for site plan approval and/or a building permit for a telecommunications tower shall be accompanied by an intermodulation study which provides a technical evaluation of all proposed transmissions and indicates all potential interference problems. Prior to the introduction of any new service, the owner/operator shall provide the Town at least 10 calendar days' written notice to the Town Manager in advance of such service and allow the Town to monitor interference levels during the testing process. Nothing in these regulations is intended to supersede applicable federal or state law. In the event that the regulations set forth in this § 170-51 conflict with such laws, the applicable state and/or federal laws shall apply. In addition to the requirements contained herein and the standards for a special exception set forth in § 170-59, prior to granting a special exception for a telecommunications tower, the Board of Appeals must find the following: The proposed telecommunications tower will not endanger the health and safety of residents, employees or travelers, including, but not limited to, the likelihood of the failure of such structures. The proposed telecommunications tower will not substantially impair the use of, or prove detrimental to, neighboring properties, considering, among other relevant factors: The topography and elevation of the property on which such structure is proposed to be located and the appearance and visibility of such structure from neighboring and surrounding properties and from public rights-of-way; and The location of surrounding residences, buildings, structures and public rights-of-way and their use. The character of the surrounding neighborhood and the Centreville Community Plan's recommendations for the ultimate use of surrounding properties. The likelihood of interference with existing radio, television, telephone, wireless or microwave reception or service. The proposed structure will not cause any objectionable noise, fumes, odors, glare, physical activity or effect that would impair the peaceful enjoyment of neighboring properties. The proposed structure and use will be in harmony with the general character of the neighborhood. The location selected is not in an area in which there is an overconcentration of freestanding monopoles, towers or seminal structures. In addition to any other requirements, an application for a telecommunications tower shall include the following: The applicant shall specify whether the application is subject to any Federal Communications Commission application requirements or federal or state law, and if so, identify the law and the applicable requirements. The applicant shall specify whether the application is subject to Federal Aviation Administration (FAA) approvals, and if so, the applicant shall identify the law and the applicable requirements (e.g., FAA Form 7460-1, Notice of Proposed Construction or Alteration). The applicant shall provide proof that it is a licensed provider and will comply with all federal, state, and Town laws and regulations, including those relative to wireless service. A master report plan of applicant's current proposed communication network, including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and co-location sites. The application shall include the number of potential co-location sites on the proposed wireless communications tower. The applicant shall provide a safety report demonstrating that the structure can safely accept installation of the antennas and additional communication facilities. A report from a qualified and licensed professional engineer that describes the tower design, including cross sections and elevations; documents the height above grade for the tower and potential mounting positions for co-located antennas (if any) and the minimum separation distances between antennas; describes the location of the tower, including the number of additional antennas that can be accommodated (if any); documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; includes architectural renderings of the tower illustrating what it will look like at the proposed location and from various vantage points, as may be required by the Zoning Administrator. The applicant shall provide any other information reasonably required by the Zoning Administrator to evaluate the request. [Added 3-21-2019 by Ord. No. 03-2019] Ch 170 Art V Administration 170-52 Office Of Zoning Administrator Established; Duties 170-53 Building Permit Required 170-54 Application For Building Permit 170-55 Occupancy Permits For New Or Altered Uses 170-56 Expiration Of Building Permit 170-57 Construction In Compliance With Plans And Applications Required 170-52 Office Of Zoning Administrator Established; Duties There is hereby established the Office of Zoning Administrator. It shall be the duty of the Zoning Administrator to administer and cause the enforcement of the provisions of this chapter. All department, officials, and public employees of Centreville which are vested with the authority to issue permits or licenses shall conform to the provisions of this chapter and shall not issue any permit or license for any use, building, structure, or purpose which would be in conflict with the provisions of this chapter. If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, building, or structures; removal of illegal building or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. A zoning official shall report to the Planning and Zoning Commission on all permits issued from this office, at each regularly scheduled meeting of the Commission. 170-53 Building Permit Required No building or other structure shall be erected, moved, added to, or structurally altered, or use of the land be changed without a permit therefor issued by the Zoning Administrator. No building permit shall be issued except in conformity with the provisions of this chapter, except upon written order from the Board of Appeals. 170-54 Application For Building Permit All applications for building permits shall be accompanied by site plans as specified in §§ 170-47 and 170-48. The application shall include such other information as lawfully may be required by the Zoning Administrator, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plans shall be returned to the applicant by the Zoning Administrator, after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Administrator. 170-55 Occupancy Permits For New Or Altered Uses It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a zoning occupancy permit shall have been issued therefor by the Zoning Administrator, stating that the proposed use of the building or land conforms to the requirements of this chapter. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for an occupancy permit; the permit shall be issued in conformity with the provisions of this chapter upon completion of the work. A temporary occupancy permit may be issued by the Zoning Inspector for a period not exceeding six months during alteration or partial occupancy of a building pending its completion, provided that such temporary permit may require such conditions and safeguard as will protect the safety of the occupants and the public. The Zoning Administrator shall maintain record of all occupancy permits. Failure to obtain a zoning occupancy permit shall be a violation of this chapter and punishable under § 170-68 of this chapter. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-56 Expiration Of Building Permit If the work described in any building permit has not begun within one year from the date of issuance thereof, said certificate shall expire; it shall be canceled by the Zoning Administrator, and written notice thereof shall be given to the persons affected. If the work described in any zoning certificate has not been substantially completed within two years of the date of issuance, unless work is satisfactorily proceeding thereof, said permit shall expire and be canceled by the Zoning Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled certificate shall not proceed unless and until a new zoning certificate has been obtained. 170-57 Construction In Compliance With Plans And Applications Required Zoning certificated or zoning occupancy permits are issued on the basis of site plans and applications. Use, arrangement, or construction differing with that authorized shall be deemed violation of this chapter and punishable as provided by § 170-68 hereof. HISTORY Amended by Ord. 10-2022 on 11/17/2022 Ch 170 Art VI Appeals 170-58 Board Of Appeals 170-59 Powers And Duties Of Board Of Appeals 170-60 Decisions Of Board Of Appeals 170-61 Appeals From Board Of Appeals 170-62 Duties Of Zoning Administrator, Board Of Appeals, Town Council, And Courts Of Matters Of Appeals 170-58 Board Of Appeals The Board of Zoning Appeals is hereby created. The Board shall consist of three members appointed and confirmed by the Town Council and removable for cause upon written charges, and after a public hearing. Members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term. The Town Council shall designate one alternate member for the Board of Appeals who may be empowered to sit with the Board in the absence of any member of the Board, and when the alternate is absent, the Town Council may designate a temporary alternate. All members, alternates, and temporary alternates of the Board of Appeals must be municipal residents living within the corporate limits of the Town for a minimum of 180 days prior to their appointment. If a member, alternate, or temporary alternate of the Board of Zoning Appeals ceases to be a municipal resident living within the corporate limits of the Town of Centreville, he or she shall tender their resignation effective on the date he or she ceases to be a municipal resident. [Amended 1-21-2016 by Ord. No. 10-2015] Proceedings of the Board of Appeals. The Board of Appeals shall adopt rules necessary for the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairman and at such time as the Board determines. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the Town Hall office. Hearings; appeals; notice. Appeals to the Board of Appeals concerning interpretation or administration of this chapter may be taken by any persons aggrieved or by any officer or bureau of the governing body of the Town affected by any decision of the Zoning Administrator. Such appeals shall be taken within a reasonable time of such decision, not to exceed 30 days, by filing with the Zoning Administrator, and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix a reasonable time for the hearing of appeals, give public notice thereof as well as due notice to the parties in interest, and hold a public hearing within 30 days from the date of filing of the notice of appeals. At least 15 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the Town and by posting the property. At the hearing, any party may appear in person or by agent or attorney. The Board shall then decide the appeal within 60 days from the time of hearing. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown. 170-59 Powers And Duties Of Board Of Appeals The Board of Appeals shall have the following powers and duties: Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this chapter. Special exceptions; conditions governing application; procedures. To hear and decide only such special exceptions as the Board of Appeals is specifically authorized to pass on by terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the Board of Appeals unless and until: A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested. The appropriate interested parties have been heard or consulted. The Planning and Zoning Commission shall be apprised of all special exception requests so that its members can evaluate the proposal as to consistency with the Comprehensive Plan and comment, if necessary. Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which special exception is sought, or his agent, shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought and at the Town Hall, and notice shall be published in a newspaper of general circulation in the Town, at least 15 days prior to the public hearing. The public hearing shall be held. Any party may appear in person or by agent or attorney. The Board of Appeals shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception and that the granting of the special exception will not adversely affect the public health, safety, security, morals, or general welfare, or would result in dangerous traffic conditions, or would jeopardize the lives or property of the people living in the neighborhood. In granting any special exception the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under § 170-68 of this chapter. In the event an approved special exception use is not initiated within the time frame specified by the Board of Appeals, the special exception use approval shall expire. In no case shall the Board of Appeals specify a time frame of less than one year after the date of approval. Variances; conditions governing applications; procedures. Upon appeal in specific cases, to authorize such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until: A written application for a variance is submitted demonstrating: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zone. That literal interpretation of the provision of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this chapter. That the special conditions and circumstances do not result from the action of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same zone. That the granting of a variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Critical Area Overlay Zone, and that the granting of the variance will be consistent with the spirit and intent of the Town's Critical Area Program and associated ordinance as well as state law and regulations. No nonconforming use of neighboring lands, structures, or buildings in the same zone, and no permitted use of lands, structures, or buildings in other zones shall be considered grounds for the issuance of a variance. The Town Planning and Zoning Commission shall be apprised of all variance requests so that its members can evaluate the proposal as to consistency with the Comprehensive Plan and comment, if necessary. Notice of public hearing shall be given as in § 170-59B(1)(d) above. The public hearing shall be held. Any party may appear in person, or agent or by attorney. The Board of Appeals shall make findings that the requirements of § 170-59C(1)(a) have been met by the applicant for a variance. The Board of Appeals shall further make a finding that the reason set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure. The Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Special conditions for approval in the Critical Area Overlay Zone. A variance will not be granted by the Board of Appeals unless and until: A completed application form for a variance is submitted which demonstrates the applicability of the above criteria. In addition, requests for variance in the Critical Area Overlay Zones shall not be heard unless the state's Critical Area Commission has received a copy of the variance request at least two weeks prior to the scheduled public hearing. The Board of Appeals shall find that the reason set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structures. In making this determination for variance requests in the Critical Area Overlay Zones, the Board of Appeals shall consider the following as tantamount to a minimum variance: That the granting of a variance to the yard and/or Buffer requirements results in new structures or impervious surfaces being located as far back from mean high-water, tidal wetlands, or tributary streams in the Critical Area as is feasible; and That the applicant take steps to mitigate impacts, insofar as possible, including: Reforestation on the site to offset disturbed forested or developed woodlands on at least an equal area basis; Afforestation of areas of the site so that at least 15% of the gross site is forested; and Implementation of any mitigation measures that relate to Habitat Protection Areas as delineated in the Town of Centreville Local Critical Area Program, recommended by state and/or county agencies are included as conditions of approval. In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this chapter and punishable under § 170-68 of this chapter. Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this chapter in the zone involved, or any use expressly or by implication prohibited by the terms of this chapter in said zone. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-60 Decisions Of Board Of Appeals In exercising the above-mentioned powers, the Board of Appeals may, so long as such action is in conformity with the terms of this chapter, reserve or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have powers of the Zoning Administrator from whom the appeal is taken. The concurring vote of the majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter. The Board of Appeals upon majority vote may suspend the proceeding of any hearing under its jurisdiction, by request of the applicant, any citizen or the Board of Appeals itself, for reason of misinformation, lack of technical data or expertise. Such suspension of proceedings shall not exceed 30 days. If any application or request is disapproved by the Board, thereafter the Board shall not accept application for substantially the same proposal, on the same premises, until after one year from the date of such disapproval. If an appeal to the Board is perfected and the public hearing date set and public notice given, and thereafter the applicant withdraws the appeal, he shall be precluded from filing another application for substantially the same proposal on the same premises for one year from the date of withdrawal. 170-61 Appeals From Board Of Appeals Any person or persons, or any board, taxpayer, or department of the Town aggrieved by any decision of the Board of Appeals may seek review by the Circuit Court of such decision, in the manner provided by the laws of Maryland and particularly by the Land Use Article of the Annotated Code of Maryland. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-62 Duties Of Zoning Administrator, Board Of Appeals, Town Council, And Courts Of Matters Of Appeals It is the intent of this chapter that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator and that such questions shall be presented to the Board of Appeals only on appeal from the decision of the Zoning Administrator and that recourse from the decisions by the Board of Appeals shall be to the courts as provided by laws and particularly by the Land Use Article of the Annotated Code of Maryland. It is further the intent of this chapter that the duties of the Town Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and its ordinance. Under this chapter the Town Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, and of establishing a schedule of fees and charges as stated in § 170-63 below. HISTORY Amended by Ord. 10-2022 on 11/17/2022 Ch 170 Art VII Fees; Amendments 170-63 Schedule Of Fees, Charges And Expenses 170-64 Amendments 170-65 Special Amendment Requirements In The Centreville Critical Area District 170-66 Minimum Requirements; Higher Standards To Prevail 170-63 Schedule Of Fees, Charges And Expenses The Town Council shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning certificates, zoning occupancy permits, appeals, variances, special exceptions, amendments, and other matters pertaining to this chapter. The schedule of fees shall be available in the office of the Zoning Administrator and may be altered or amended only by the Town Council. No certificate, permit, special exception, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals unless or until preliminary charges and fees have been paid in full. 170-64 Amendments The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed by the Town Council. Any proposed amendment, supplement or change shall be referred by the Town Council to the Planning and Zoning Commission for an investigation and recommendation. The Planning and Zoning Commission shall cause such investigation to be made as it deems necessary; may require the submission of all pertinent data and information by any person concerned; may hold such public hearings as provided by its own rules; shall submit its report and recommendations to the Council within a reasonable length of time. After receiving the recommendations of the Planning and Zoning Commission, the Town Council shall hold a public hearing in relation to the proposed amendment, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time, place, and nature of such hearing shall be published in a paper of general circulation in the community, and in the case of a change in classification of a particular piece of property, said property shall be posted. No change in or departure from the proposed amendment as recommended by the Planning and Zoning Commission shall be made unless the same be resubmitted to said Planning and Zoning Commission for its further recommendation. Whenever a petition requesting an amendment, supplement, or change has been denied by the Town Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-65 Special Amendment Requirements In The Centreville Critical Area District The Town Council may from time to time amend the provisions of this chapter as they relate to the Critical Area District, amend the land use management classification of properties in the Critical Area District or amend the Critical Area District boundary. In addition, the Town Council shall review and propose any necessary amendments, as required, to the land use management classifications in the Critical Area District at least every four years. All such amendments shall be approved by the Maryland Chesapeake Bay Critical Area Commission as established in the Natural Resources Article, § 8-1809 of the Critical Area Law, Subtitle 18. Standards for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law, Subtitle 18, § 8-1809(i). The Critical Area Commission process for approval of proposed amendments are as set forth in the Critical Area Law, Subtitle 18, § 8-1809. Amendment procedures. Proposed amendments to this chapter as it relates to the Critical Area District may only be initiated by the Planning and Zoning Commission or Town Council. Amendments involving specific properties shall first be submitted to the Planning and Zoning Commission. For all proposed amendments the Planning and Zoning Commission shall first hold a public hearing related thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time, place, and nature of the hearing shall be published in a paper of general circulation in the community, and in the case of a change in the land management classification of a particular piece of property, said property shall be posted. The Planning and Zoning Commission shall then forward proposed amendments to the Town Council. After receiving the recommendations of the Planning and Zoning Commission, the Town Council shall forward the amendments to the Chesapeake Bay Critical Area Commission with tentative approval. After receiving the recommendations of the Planning and Zoning Commission and the approval of the Critical Area Commission, the Town Council shall hold a public hearing on the proposed amendments at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time, place, and nature of the hearing shall be published in a paper of general circulation in the community, and in the case of a change in the land management classification of a particular piece of property, said property shall be posted. Requirements for amendments. Amendments to the Official Critical Area District Maps. The Town Council may amend the Critical Area District boundary to delete areas of the Town from the Critical Area District when it can be demonstrated that the Critical Area, as mapped on the Official Critical Area District Maps, is incorrectly drawn. The amended Critical Area District boundary shall, at a minimum, encompass all areas as set forth in § 170-3. Evidence sufficient to warrant a determination of a mistakenly drawn Critical Area boundary line shall be based on and substantiated by either: The Official State Wetland Maps; The amended Official State Wetland Maps adopted by the State of Maryland; or The written concurrence by the State of Maryland that the Official State Wetland Map is incorrect. The Town Council may also elect to add areas to the Critical Area District at any time. Addition or deletion of areas from the Critical Area District shall be processed as amendments to the Critical Area District as per this section. Land use management classification. When proposing a change of land use management classification, i.e., Intensely Developed Area (IDA), Limited Development Area (LDA) or Resource Conservation Area (RCA), other than by changing a land use management classification through granting of the GA Growth Allocation District, the Town Council shall not approve amendments unless it is found that there was a mistake in the original classification and that the amendment is approved by the Critical Area Commission. Changes to the land use management classification using growth allocation shall be as prescribed in § 170-31.6. Floating zone procedures. All applications for the rezoning of land to a designated floating zone shall meet the standards for such rezonings and the procedures for first and second readings of this section as well as the procedural requirements established for a rezoning. Change or mistake shall not be a standard for review of applications for floating zone designation. The first and second reading procedures establish a two-stage adoption process requiring the rezoning to be approved on a first reading for conformance to the Comprehensive Plan and general requirements of this section. The second reading requires the completion of a final plan and verification that all requirements have been met prior to the approval of the second or final reading of the rezoning. The use of first and second readings is intended to permit a developer to request and secure a rezoning without having to spend funds needed to meet all the requirements before there is any certainty that the project will receive approval. The two-stage approval permits the developer to secure zoning and then go to the expense of land development and architectural plans needed to secure building permits after having determined that the Town will rezone a property if the developer meets the requirements of this section. During stage one of the approval process, the developer shall submit, at a minimum, a general land use map of the surrounding neighborhood showing the relationship between the proposed development and traffic arteries, neighboring land uses, available community services (sewer, water, etc.) general drainage patterns and topographic features. The developer shall furnish a sketch site plan of the proposed development showing tentative building size, shape and location, general parking lot arrangement, access to public streets and patterns of ingress and egress. The developer may be asked to supply additional information as specified for a certain zone or as may be required to make a determination of the impact of the proposed development. This does not eliminate the requirement for a site plan prior to construction as set forth in this chapter; however, this detailed site plan may be submitted at the second stage. HISTORY Amended by Ord. 10-2022 on 11/17/2022 170-66 Minimum Requirements; Higher Standards To Prevail In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the more restrictive ones or those that impose the higher standards shall govern. Ch 170 Art VIII Enforcement 170-67 Filing Of Complaints; Injunction 170-68 Violations And Penalties 170-67 Filing Of Complaints; Injunction Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter. The Town Council of Centreville, the Board of Appeals, the Planning and Zoning Commission, the Zoning Administrator or any person whose property is affected by any violation of these regulations or any order validly issued hereunder, including abutting or adjacent property owners, whether or not specially damaged, may maintain an action in the Circuit Court for Queen Anne's County for an injunction enjoining the erection, construction, reconstruction, alteration, extension, enlargement, repair or use of buildings or other structures and land otherwise than in conformity therewith. 170-68 Violations And Penalties Any person, firm, or corporation who defaces, removes, or destroys an official warning, safety or stop work signs; or who interferes with or threatens, in any manner, any person engaged in the performance of a duty required by the terms of this chapter shall be guilty of a misdemeanor, subject to the penalties provided in § 1-14.B.5.d of the Town Code. All other violations of the provisions of this chapter or failure to comply with any of its requirements including but not limited to construction or alteration of any building not in accordance with plans approved under regulations herein shall constitute a municipal infraction subject to the penalties provided in § 1-14.B.5.c of the Town Code. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may be subject to the penalties provided in A and B above. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation. HISTORY Amended by Ord. 13-2024 Amended Penalty Sections throughout the Code on 1/2/2025 Adopted by Res. 19-2024 Establishing certain fines to be paid to the Town of Centreville for Municipal Infractions pursuant to the Authority set forth in the Town of Centreville Charter and Code of the Town of Centreville on 1/2/2025 Ch 170 Art IX Definitions 170-69 Word Usage 170-70 Definitions 170-69 Word Usage The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense; the singular number includes the plural, and the plural number includes the singular. The word "shall" is mandatory; the word "may" is permissive. The words "used or occupied" include the words "intended, designed, or arranged to be used or occupied." The word "lot" includes the words "plot" or "parcel." 170-70 Definitions For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows: ACCESSORY APARTMENT. A dwelling unit located within a permitted, detached, single-family dwelling unit which is incidental and subordinate to the single-family dwelling unit in terms of size, location and appearance and which provides complete housekeeping facilities for an individual or family. [Added 12-18-2001 by Ord. No. 10-01] ACCESSORY DWELLING UNIT. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure. [Added 9-18-2025 by Ord. No. 12-2025] ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. ADULT DAY-CARE CENTER. A licensed commercial or public establishment designed to provide care during the daytime hours without overnight supervision. [Added 9-18-2025 by Ord. No. 12-2025] AGRICULTURE. The use of land for the purposes of farming, dairying, pasturing, agriculture, horticulture, floriculture, viticulture, fish culture, and animal and poultry husbandry. The processing, packaging or manufacture of agricultural products is not included. ALLEY. A public or private way permanently reserved as a secondary means of access to abutting property and not intended for general traffic circulation. [Added 1-2-2014 by Ord. No. 13-2013] ANCHOR STORE. A large, prominent retail store in a shopping center that services as the main customer draw. [Added 02-25-2025 by Ord. No. 15-2025] ANIMAL SERVICES. A public or private agency responsible for enforcing ordinances related to animal control and welfare, impoundment, and disposition, including tasks like shelter operations and adoption programs, provided that any open pen or runway is at least 200 feet from any residential district boundary. [Added 9-18-2025 by Ord. No. 12-2025] APPARENT FRONT YARD. In properties with more than one front yard, the apparent front yard shall be that front yard to which the street address for the property is designated. [Added 12-7-2006 by Ord. No. 07-06] ASSISTED LIVING FACILITY. A facility licensed pursuant to § 19-1801 et seq. of the Health General Article of the Maryland Annotated Code or corresponding future provision thereof, that provides housing and supportive services, supervision, personalized assistance, health-related services, or a combination thereof that meets the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living or instrumental activities of daily living in a way that promotes optimum dignity and independence for the individual. This use also includes personal care and dementia/Alzheimers facilities. 1 [Added 2-18-2016 by Ord. No. 01-2016] BED-AND-BREAKFAST. A residential building that: [Added 4-3-2014 by Ord. No. 02-2014 2 ] Contains a permanently occupied dwelling unit; Contains no more than five guest rooms, which may not have individual exterior entrances; Provides overnight lodging not exceeding 30 consecutive days per guest; and Where guests may receive only one meal per day, to be served between the hours of 6:00 a.m. and 11:00 a.m. BLOCK. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development. [Added 1-2-2014 by Ord. No. 13-2013] BOARDINGHOUSE. A residential use consisting of at least one dwelling unit with more than two rooms that are not separate dwelling units and are rented or designed or intended to be rented. This use is designed to be occupied by nontransient guests (at least month-to-month tenants), as distinguished from a bed-and-breakfast which is occupied by overnight or weekly guests. [Added 4-3-2014 by Ord. No. 02-2014] BUILDING, FOOTPRINT. The area delineated by the outer face of the foundation of a building, and the term shall include the area contained within the outer walls of any building or part thereof that may be constructed on piles or similar supports for flood elevation clearance. [Added 9-2-2021 by Ord. No. 09-2021] BUILDING LINE. The furthest point to which the foundation wall and/or any porch, vestibule, or other architectural feature shall project. [Added 12-7-2006 by Ord. No. 07-06] BUILDING MASS. The three-dimensional bulk of a structure: height, width, and depth. [Added 1-2-2014 by Ord. No. 13-2013] BUILDING OR STRUCTURE, HEIGHT OF. The vertical distance from the average finished grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, the mean height level between eaves and ridge for gable, hip, and gambrel roofs, or the highest point on other structures. BUILDING SCALE. The proportional relationship between the mass and shape of a building and its surroundings, including the width of street, open space, and surrounding buildings. [Added 1-2-2014 by Ord. No. 13-2013] CANNABIS LICENSED DISPENSARY. An entity licensed by the Maryland Cannabis Commission that acquires, possesses, repackages, processes. transfers, transports, sells, distributes. or dispenses products containing cannabis, related supplies, related products, including tinctures, aerosols, oils, or ointments, or educational materials. [Amended 09-05-2024 by Ord. No. 09-2024] CHILD-CARE CENTER. Any place, home, or institution which receives five or more children under 14 years and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation, provided that this definition shall not include public or private schools organized, operated or approved under the laws of the State of Maryland. This definition shall not apply to the care of children related by blood or marriage within the third degree to the care provider or to churches or other religious, private or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or activities or meetings. [Added 12-7-2006 by Ord. No. 07-06] CHILD-CARE HOME. A home for not more than nine orphaned, abandoned, dependent, abused or neglected children, together with not more than two adults who supervise such children, all of whom live together as a single housekeeping units. [Added 12-7-2006 by Ord. No. 07-06] COMMON OPEN SPACE. Open areas set aside for public use or for private agricultural use. Open space requirements are determined by Ch. 170, Attachment 2: Schedule of Zone Regulations. [Added 1-2-2014 by Ord. No. 13-2013; amended 11-4-2021 by Ord. No. 12-2021; amended 9-18-2025 by Ord. No. 12-2025] ACTIVE OPEN SPACE. Land set aside as a part of a development project that is intended and designed to be used for active recreational activities. Active open space must be free of wetlands or other site constraints that would restrict the use and enjoyment of the open space by the community. Active open space is often improved with playground equipment, playing fields, walkways and the like. PASSIVE OPEN SPACE. Land set aside as part of a development project that is intended to be left in its natural state, and enjoyed for its aesthetic and ecological values. Any public use of the passive open space should be consistent with the preservation of ecological functions of the open space. COMPREHENSIVE SIGNAGE PLAN. A series of scaled drawings diagrams that indicate the location, size, and types of signage, including signage materials, color scheme, illumination and graphics that will be used within a Shopping Center. [Added 02-25-2025 by Ord. No. 15-2025] CONTINUING CARE FACILITY. Continuing Care Facility includes nursing home and assisted living facility uses and multifamily dwellings, provided the dwellings are located on the same lot as an approved and licensed assisted living facility or continuing care facility and are designed for and rented to individuals over 55 years of age who are able to perform the activities of daily living or instrumental activities of daily living, but who may require occasional assistance with meal preparation, prescription management, housekeeping and adult day care. The number of multifamily dwellings shall not exceed the number of persons for which the assisted living or continuing care facility is licensed to provide care. [Added 9-18-2025 by Ord. No. 12-2025] CONVENIENCE STORE. A one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items. It is designed to attract and depends upon a large volume of stop-and-go traffic. [Amended 4-3-2014 by Ord. No. 03-2014] DAY-CARE CENTER. A licensed commercial or public establishment designed to provide care for children, elderly, or handicapped persons during the daytime hours without overnight supervision. [Amended 12-7-2006 by Ord. No. 07-06] DAY-CARE HOME. A residence in which care is given to a child in place of parental care for less than 24 hours a day, in a residence other that the child's, for which the day-care provider is paid. No more than two children under age two and no more than six children, including the provider's own, may be provided for herein. [Added 12-7-2006 by Ord. No. 07-06] DEVELOPMENT ENVELOPE. The area comprised of lots, structures, buffer yards, impervious surfaces, utilities, SWM, sewage disposal areas and any area subject to regular human use such as active recreation areas. [Added 12-18-2001 by Ord. No. 10-01] DWELLING. Any building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including a tent or room in a hotel or motel. DWELLING, SINGLE-FAMILY. A detached building designed for or used by one family or housekeeping unit. DWELLING, TWO-FAMILY. A detached building designed for or used by not more than two families or housekeeping units. DWELLING, DUPLEX (SEMIDETACHED). A one-family dwelling with one wall in common with only one adjacent dwelling. DWELLING, ATTACHED. A one-family dwelling on a permanent foundation, the walls on two sides of which are in common with the walls of adjoining dwellings and are party walls. A townhouse building shall contain no less than three one-family dwellings and no more than six one-family dwellings. DWELLING, MULTIFAMILY. A detached building or semidetached building designed for or used by more than two families or housekeeping units. DWELLING, COTTAGE. A single-family detached dwelling type with a smaller living area, yard and lot area than standard single-family dwellings. [Added 1-2-2014 by Ord. No. 13-2013] FAMILY. One or more persons related by blood, marriage, adoption or guardianship, or not more than five persons not so related, occupying a dwelling unit and living as a single housekeeping unit. [Amended 4-3-2014 by Ord. No. 03-2014] FLOOR AREA RATIO (FAR). The gross floor area of the building or buildings on a lot divided by the area of the lot. The floor area ratio requirements set forth in the bulk regulations or in the zoning district regulations determines the maximum floor area allowable for the building or buildings (total gross floor area of both principal and accessory buildings) in direct ratio to the gross area of the lot on which the buildings were constructed. [Added 9-18-2025 by Ord. No. 12-2025] GOVERNMENTAL USE. Uses of land, buildings, or other structures by the federal, state, county, or town government for governmental uses or services. [Added 9-18-2025 by Ord. No. 12-2025] HISTORIC BUILDING. A historic building is one that is at least 100 years old. HOME OCCUPATION. An occupation or business conducted only by members of a family residing on the premises, and conducted within the dwelling or a secondary structure, provided that no product is sold or stocked except as is produced on the premises or dispensed in connection with a service that is rendered. In addition to members of the immediate family, up to two additional employees may be permitted by special exception. Home occupations shall include such customary and incidental uses such as, but not limited to, the office of a resident physician, dentist, architect, engineer, attorney, contractor, real estate agent, insurance agent, accountant, or similar professional person. HOTEL. A building in which lodging or boarding is provided for persons, primarily transient, and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A hotel may include restaurants, taverns or club rooms, public banquet halls, ballrooms, and meeting rooms. 3 INSTITUTIONAL USE. The use of land, buildings or other structures for some public or social purpose, including but not limited to schools, churches, community organizations and non-profit agencies. Not to include commercial, retail use, or for other commercial purpose. [Amended 9-18-2025 by Ord. No. 12-2025] JUNKYARD. Any land or building or part thereof used for the abandonment, sale, storage, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, salvaging or sale of automobiles or other vehicles not in running condition, or machinery, or parts thereof. KENNEL. Any place that provides for the food, shelter and care of animals for purposes not incidental to veterinary care, where more than two adult animals (over six months) are kept for a boarding or other fee, or any place that engages in the breeding of animals for sale. [Added 12-7-2006 by Ord. No. 07-06] LANDSCAPE REQUIREMENT. Plantings inside a development envelope. Inclusive of buffer yards, parking area plantings, screening, etc. Does not include tree canopy requirements for existing forest cover. [Added 9-18-2025 by Ord. No. 12-2025] LOT. For zoning purposes, as covered by this chapter, a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such a lot shall have frontage on an improved public street and may consist of a) a single lot of record; a portion of a lot of record; a combination of complete lots of record and portions of lots of record; a parcel of land described by meets and bounds, provided that in no case of divisions or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter. LOT COVERAGE. The percentage of a total lot or parcel that is: occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or covered with a paver, walkway gravel, stone, shell, impermeable decking, permeable pavement, or any other manmade material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck, but does not include: a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the Buffer or expanded Buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely. [Amended 9-18-2025 by Ord. No. 12-2025] LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements of corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section. [Amended 12-7-2006 by Ord. No. 07-06] Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear measured to the nearest building line. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard to the nearest building line; provided, however, that width between side lot lines at their foremost points (where they intersect with the street lines) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of culs-de-sac, where the eighty-percent requirement shall not apply. LOT RECORD. A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court, or a lot or parcel described by metes and bounds, the description of which has been so recorded. LOT TYPES. The diagram which follows illustrates terminology used in this chapter with reference to corner lots, interior lots, reversed frontage lots and through lots: A = CORNER LOT — A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135°. See lots marked A(1) in diagram. B = INTERIOR LOT — A lot other than a corner lot with only one frontage on a street other than an alley. C = THROUGH LOT — A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots." D = REVERSED FRONTAGE LOT — A lot to which the frontage is at right angles to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot. (See A-D and B-D in the diagram.) MICRO DISTILLERY. A plant for distilling, rectifying and blending and selling not more than 27,500 gallons of brandy, rum, whiskey, alcohol or neutral spirits per year and holds a valid Class 1 or Class 9 distillery license. [Added 10-18-2018 by Ord. No. 06-2018] The plant is authorized to: Sell and deliver the alcoholic beverages to a person in the state or outside the state that is authorized to acquire them; Manufacture alcoholic beverages in the name of certain other persons; Acquire alcoholic beverages from certain persons; Conduct guided tours of the licensed premises; and Sell or serve limited quantities of products manufactured at the licensed premises. Accessory retail sales are allowed, which include but are not limited to related retail items. All federal, state and local laws must be complied with at all times. MOBILE HOME. A detached single-family living unit designed for long-term occupancy, containing indoor sanitary facilities to be connected to on-site utility systems, designed to be transported on a truck or towed to the site, with all wheels off the ground and situated on a solid foundation, except for crawl spaces, of block or brick, and situated in accordance with all other requirements of a single-family dwelling. MOBILE HOME PARK. Any site designed to accommodate mobile homes, planned and developed in accordance with the provisions contained in § 170-21D(1). MOBILE HOME SUBDIVISION. Any site designed to accommodate mobile homes in accordance with the provisions of § 170-21, provided that the lots within said subdivision conform to the lot area requirements for a single detached dwelling in the zone in which the site is located. MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single lot and designed for use by tourists. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a motel, not more than 20% of the living and sleeping accommodations are occupied or designed for occupancy by persons other than tourists. MOTOR VEHICLE SERVICE ESTABLISHMENT. Any building or establishment where the following activities may occur: general repair, engine rebuilding, reconditioning of motor vehicles, collision repair, painting, or general maintenance. No more than two abandoned vehicles shall be stored on the premises. Motor vehicle fuel sales are expressly not allowed as a part of this use. [Added 3-20-2003 by Ord. No. 14-02] MUSEUM. A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value. [Added 6-3-2021 by Ord. No. 11-2020] NEIGHBORHOOD COMMERCIAL . Small-scale commercial businesses and services that primarily serve the surrounding neighborhood and cater to the daily needs of nearby residents. [Added 9-18-2025 by Ord. No. 12-2025] NEIGHBORHOOD SHOPPING CENTERS. A group of commercial establishments planned, developed, owned and/or managed as a unit which contains a minimum gross floor area of 30,000 square feet. [Amended 3-18-1993 by Ord. No. 615A] NANO BREWERY. A beer brewing facility which brews not more than 3,000 barrels of beer per year on site, and holds a valid Class 5-M, Class 6-M or Class 7-M state brewing license. Accessory retail sales are allowed, which include, but are not limited to: growlers or refillable containers, home-brewing supplies and ingredients, and other related retail items. All federal, state and local laws must be complied with at all times. [Added 1-21-2016 by Ord. No. 02-2016] NURSING HOME. A facility licensed pursuant to § 19-1401 et seq. of the Health General Article of the Maryland Annotated Code or corresponding future provision thereof, which offers nonacute inpatient care to patients suffering from a disease, chronic illness, condition, disability of advanced age, or terminal disease requiring maximum nursing care without continuous hospital services and who require medical services and nursing services rendered by or under the supervision of a licensed nurse together with convalescent, restorative, or rehabilitative services. This use also includes skilled nursing and convalescent facilities. [Added 2-18-2016 by Ord. No. 01-2016] ON-SITE CANNABIS CONSUMPTION ESTABLISHMENT. An indoor or outdoor location, which is open to the public, and licensed to allow individuals who are 21 years or older to consume cannabis on its premises. On-site consumption establishments shall be prohibited in all zoning districts. [Added 09-05-2024 by Ord. No. 09-2024] OUTDOOR TABLE AREA. An outdoor area where food, refreshments, and/or beverages are sold by a restaurant for public consumption at tables located on the sidewalk fronting the restaurant. [Added 10-4-2019 by Ord. No. 11-2019] OUTDOOR DINING AREA. Any outdoor dining area situated on a public sidewalk with any of the following: [Added 10-4-2019 by Ord. No. 11-2019] Permanently attached structures to the public right-of-way or sidewalk; and/or Alcohol sales to be consumed on premises. PATTERN BOOK. A compilation of conceptual renderings which shall accompany a tentative site plan, when required. A pattern book displays the architectural and site design styles of a proposed development. The architectural style is conveyed with conceptual drawings of typical proposed building elevations, including dimensions of building height and width, and facade treatment. Multiple options of typical elevations for various housing styles may be provided. The site design style shall be conveyed with conceptual street cross sections and plan view details showing example block and building location patterns. [Added 1-2-2014 by Ord. No. 13-2013] PENT ROOF. A roof of a single sloping plane. Example: a shed or lean-to roof. [Added 9-18-2025 by Ord. No. 12-2025] PLANNED COMMERCIAL CENTERS. A group of commercial uses compatible with the residential nature of the applicable district. These may include, but are not limited to, medical and professional offices, general retail stores, and food stores. Commercial centers shall be permitted only in a zoning district (PUD/TND) of 200 acres or more. No construction on the Commercial Center shall begin until 50% of the total planned residential units are completed. PRELIMINARY REGULATING PLAN. A draft of the Regulating Plan used for the purpose of tentative sketch plan review during the Subdivision Review and Site Plan Review processes. [Added 9-18-2025 by Ord. No. 12-2025] PRIVATE CLUBHOUSE. A community operated building, room, or facility used for social or recreational activities and operated for the initial exclusive use of a residential subdivision or development. [Added 9-18-2025 by Ord. No. 12-2025] PRIVATE CLUBS AND LODGES. Any building which serves as a meeting place for a selected membership, together with recreation and dining facilities which are not open to the general public. PRODUCE STAND. A temporary stand, structure, trailer or similar facility that is utilized to sell local produce to passing motorists or pedestrians. For the purpose of the zoning code, local produce is defined as originating within a fifty-mile radius of Centreville Town limits. [Added 3-7-2019 by Ord. No. 08-2018] QUEUING AREAS. An area within a street where parking is prohibited in order to allow cars to pass or for emergency vehicle use. [Added 1-2-2014 by Ord. No. 13-2013] QUEUING STREET. A narrowed street which contains a single travel lane and which may occasionally require an opposing driver to pull over to allow an oncoming vehicle to pass. [Added 1-2-2014 by Ord. No. 13-2013] RECREATIONAL CAMP OR RESORT. Any area of land or water on which accommodations for temporary occupancy are located or may be placed, including hotels, cabins and tents, and which is primarily used for recreational purposes and retains an open-air or natural character. REGULATING PLAN. A detailed document which establishes density, use, patterns, open space and parks, street hierarchies, block schematics and their general locations within the property, conceptual street cross-sections, connection to existing or adjacent development, and any other elements the Planning Commission deems necessary to determine consistency wit the Town code, regulations, and comprehensive plan. [Added 9-18-2025 by Ord. No. 12-2025] RELIGIOUS ASSEMBLY, PLACES OF. A development where worship and related religious philanthropic and social activities occur. Religious Assembly buildings include churches, temples, synagogues, mosques, parish halls, convents and monasteries. Accessory buildings include rectories, manses, classrooms and dormitories. [Added 9-18-2025 by Ord. No. 12-2025] RESTAURANTS. Includes any of the following types: RESTAURANT. A food-serving establishment whose principal business is the sale of food and the principal method of operation is its service when ordered from a menu to seated customers at a table, booth or counter inside the establishment. This type includes cafeteria-style restaurants. A snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of its patrons, shall not be considered a restaurant. RESTAURANT, FAST-FOOD. An establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that it can readily be eaten outside or inside the premises. RESTAURANT, CARRY-OUT. Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so it can readily be eaten away from the premises as there are no facilities for on-premises consumption of food. RESTAURANT, DRIVE-IN or DRIVE-THROUGH. Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-through window or while parked. SHOPPING CENTER SIGN. A Freestanding sign that displays the various tenants of a Shopping Center as a whole, usually located near the entrance to the property or properties associated being unified by the shared entrance. [Added 02-25-2025 by Ord. No. 15-2025] SHORT TERM RENTAL. Any lease or other transfer of the right to occupy a primary dwelling unit on the parcel other than a hotel, motel, inn, or bed-and-breakfast for not less than one night and not exceeding four months. [Added 4-3-2014 by Ord. No. 02-2014] SIGN. A structure or device designed or intended to convey information to the public in written or pictorial form. For the purposes of this definition, the term "sign" shall not include scoreboards. More specific sign definitions are given below. [Amended 3-7-2019 by Ord. No. 01-2018; 4 6-6-2019 by Ord. No. 07-2019; 02-25-2026 by Ord. No. 15-2025] AWNING SIGN. A sign that is part of or attached to an awning, canopy or other protective cover over a door, window or entrance. BANNER. A sign of a temporary nature, possessing characters, letters, illustrations or ornamentation applied to a paper, plastic, or fabric of any kind intended to be hung with or without frames. National flags, flags of political subdivisions, and other such flags shall not be considered banners. BULLETIN BOARD. A changeable copy sign, which identifies and announces schedules or other activities. DIRECTIONAL SIGN. A sign, located on premises, directing traffic movement onto or within the premises and containing no advertising material, including signs marking entrances and exits, parking area, loading zones, or circulation direction. DIRECTORY SIGN. A sign which displays the names and locations of occupants or the use of a building. ELECTRONIC MESSAGE CENTER (EMC). An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed from a remote location or automatic means. Also known as an "EMC." EMCs typically use light-emitting diodes (LEDs) as a lighting source. EXTERNAL ILLUMINATED SIGN. A sign that is illuminated by an external light source. FLUTTERING OR FEATHER SIGN. A vertical portable sign made of lightweight material that is prone to move in the wind and that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand. It includes such signs of any shape, including flutter, bow, teardrop, rectangular, shark, feather, and U-shaped. (See figure below.) FREESTANDING SIGN. A self-supporting sign resting on or supported by two or more elements in a fixed location or any other type of base on the ground. A single supporting element sign is permitted if the support is at least 50% of the width of the sign. [Added 02-25-2025 by Ord. No. 15-2025] ILLUMINATED SIGN. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. INTERNAL ILLUMINATED SIGN. A sign that is illuminated by a light source contained within the sign structure or housing. PLACARD/EASEL SIGN. A freestanding sign usually hinged at the top, or attached in a manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable. PROJECTING SIGN. A sign, perpendicular to the facade other than a wall sign, which projects from a structure or building face. SHOPPING CENTER SIGN. A Freestanding sign that displays the various tenants of a Shopping Center as a whole, usually located near the entrance to the property or properties associated being unified by the shared entrance. [Added 02-25-2025 by Ord. No. 15-2025] SIGN AREA. The surface area of a sign shall be calculated as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising material shall not be included in the calculation of surface area. [Added 02-25-2025 by Ord. No. 15-2025] TEMPORARY SIGN. A banner, poster or advertising display of a transitory or temporary nature intended to display commercial or noncommercial messages. WALL/FLAT SIGN. A sign painted on or affixed to and mounted parallel to a building facade or wall in such a manner that the facade or wall becomes the supporting structure for the sign and which has only one sign surface. WINDOW SIGN. A sign installed on the inside or outside of a window, which is visible from the sidewalk or street. SMALL CELL FACILITY. A facility designed to provide wireless voice, data and/or image transmission in concentrated areas that meets both of the following qualifications: [Added 3-21-2019 by Ord. No. 03-2019] Each antenna could fit within an enclosure of no more than three cubic feet in volume; and All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services. SOLAR ARRAY. A ground-mounted or ballast-mounted solar collection system consisting of a linked series of photovoltaic modules associated with a net-metering or aggregate net-metering arrangement, excluding rooftop net-metering residential applications. A solar array, as defined here, excludes any associated with an independent power producer arrangement or for delivery of power or energy to a third party. [Added 8-4-2016 by Ord. No. 06-2016] SOLAR ENERGY. Energy generated by the sun that is infinite or constantly renewed. [Added 8-4-2016 by Ord. No. 06-2016] SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout the zone, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zone as special exceptions, if specific provision for such special exceptions is made in this chapter. STREET LINE. The right-of-way of a street. STRUCTURE. Anything constructed or erected which requires location on the ground, or attached to something having location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, sandwich boards, and mobile signboards used on the premises for more than 14 days in a calendar year. TELECOMMUNICATIONS TOWER. A tower, pole, or similar structure of any size which supports wireless telecommunication equipment, transmission or reception, and is utilized by commercial, governmental, or other public or quasi-public users, aboveground in a fixed location, freestanding, guyed, or on a structure for the purpose of providing wireless voice, data and image transmission within a designated service area. This definition does not include communication towers for amateur radio operators licensed by the Federal Communications Commission (FCC), which are exempt from local zoning restrictions. [Added 3-21-2019 by Ord. No. 03-2019] TEMPORARY PRODUCT STAND STRUCTURE. An assembly of materials forming a shelter, building, or enclosure to protect people, products, material, equipment, or inventory without any foundation or footing. There shall be no more than one structure per tax parcel, and the maximum size of the temporary structure is 200 square feet. [Added 3-7-2019 by Ord. No. 08-2018] TRADITIONAL NEIGHBORHOOD. A compact, walkable neighborhood with mixed residential housing types integrated with small scale retail, public open space and civic uses. [Added 1-2-2014 by Ord. No. 13-2013] TRAILER. Any vehicle or portable structure designed for temporary occupancy or which contains holding tanks for waste disposal or can operate independently of sewer, water and electrical systems, including travel trailers, pickup campers, bus campers, tent campers, tents, or other temporary vehicles, which require installation to utility systems. TRAILER PARKS. Any site designed to accommodate trailers planned and developed in accordance with the provisions contained in § 170-21. UNIT. A dwelling space designed for and occupied by a single family consisting of one or more individuals permanently living together and using certain rooms and housekeeping facilities in common. (Example: An apartment building may contain a number of dwelling units.) USE. The activity or function that actually takes place or is intended to take place on or in a building, structure or lot, including everything that is done to, on, or in a building structure or lot. [Added 9-18-2025 by Ord. No. 12-2025] VARIANCE. A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area, and size of structure or size of yards and open spaces, and off-street parking requirements. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zones or adjoining zones. YARD, FRONT. A yard extending between side lot lines across the front of a lot. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 36 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of 36 inches and 10 feet. In the case of corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front yard of half the depth required generally for front yards in the zone shall be provided on the other frontage. In the case of corner lots with more than two frontages, the Zoning Administrator shall determine the front yard requirements, subject to the following limitations: At least one front yard shall be provided having the full depth required generally in the zone. No other front yard on such lot shall have less than half the full depth required generally. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lines would have met without such rounding. Front and rear yard lines shall be parallel. YARD, REAR. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and reversed frontage corner lots, there will be no rear yard. In the case of corner lots with normal frontage, the rear yard shall extend from the inner side yard line of the side yard adjacent to the interior lot to the rear line of the half-depth front yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear line of a required rear yard shall be parallel to the straight line so established. YARDS ON RECTANGLE LOTS The following diagram indicates the yard location on nonrectangular lots: YARDS ON NONRECTANGULAR LOTS YARD SALE or GARAGE SALE. A public sale conducted by an individual on his or her own premises for the purpose of selling personal property, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any ninety-day period. [Added 12-7-2006 by Ord. No. 07-06] YARD, SIDE. A yard extending from the rear line of the required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to the interior lot. In the case of corner lots with reversed frontage, the yards remaining after the full- and half-depth front yards have been established shall be considered to be side yards. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard shall be parallel to the straight line so established. 1 Editor’s Note: The former definition of “banner,” which immediately followed, was repealed 3-7-2019 by Ord. No. 01-2018. 2 Editor's Note: This ordinance also repealed the former definition of "bed-and-breakfasts, boardinghouses or lodging houses." 3 Editor’s Note: The former definition of “indirectly illumination sign,” which immediately followed, was repealed 3-7-2019 by Ord. No. 01-2018. 4 Editor's Note: This ordinance also repealed the former definitions of "sign, off-site" and "sign, on-site," which immediately followed. HISTORY Amended by Ord. 04-2023 on 8/17/2023 Amended by Ord. 09-2024 Amending Cannabis Provisions on 9/5/2024 Amended by Ord. 12-2025 TND Amendment on 9/18/2025 Adopted by Ord. 15-2025 on 2/25/2026 ATTACHMENTS Attachment 1 - Appendix 1 Attachment 2 - Schedule of Zone Regulations Attachment 3 - Zoning Map Attachment 4 - Appendix A, Summary of Notification Requirements - Critical Area Commission Attachment 5 - Appendix B, Critical Area Planting and Maintenance Agreement Attachment 6 - Development Design Standards Attachment 7 - Table 1, Residential Sign Types and Dimensional Regulations Attachment 8 - Table 2, Central Business District Sign Types and Dimensional Regulations Attachment 9 - Table 3, C-2, C-3, PBD, and I Sign Types and Dimensional Regulations Attachment 10 - Table 4, Governmental and Institutional Sign Types and Dimensional Regulations HISTORY Amended by Ord. 04-2023 on 8/17/2023