Chapter 170 Zoning

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.

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:

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:

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.

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:

§

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.

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:

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:

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.

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.

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.

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:

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)

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.