Ordinance 07-2022 – Text Amendment – Convenience Stores – Draft

THE TOWN COUNCIL OF THE TOWN OF CENTREVILLE

TOWN ORDINANCE NO. 07-2022

AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE AMENDING THE

TOWN OF CENTREVILLE ZONING ORDINANCE, WHICH IS CHAPTER 170 OF

THE TOWN CODE, TO REVISE THE DEFINITION OF “CONVENIENCE STORE” TO

INCREASE THE ALLOWABLE SIZE FROM LESS THAN 2,000 SQUARE FEET TO A

MAXIMUM OF 5.500 SQUARE FEET, AND PROVIDE THE MAXIMUM SQUARE

FOOTAGE OF A “CONVENIENCE STORE” IN THE CENTRAL BUSINESS

DISTRICT (CBD) SHALL REMAIN AT LESS THAN 2,000 SQUARE FEET.

WHEREAS, the Town Council has the authority under Section 5-213 of the Local Government Article of the Annotated Code of Maryland, to adopt zoning regulations;

WHEREAS, Section 4-102(6) of the Land Use Article of the Annotated Code of Maryland authorizes the Town Council of Centreville to regulate the location and use of buildings, signs and structures on the land;

WHEREAS, Section 170-62 of the Code of the Town of Centreville provides for amendments to the regulations, restrictions and boundaries set forth in Chapter 170 of the Code;

WHEREAS, the Town desires to amend Chapter 170 to change the definition of “Convenience Stores” to increase the allowable size from less than 2,000 square feet to a maximum of 5,500 square feet, except that the increase in size would not apply within the Central Business District;

WHEREAS, the Town Council received a ____________________ recommendation on the zoning amendment from the Centreville Planning and Zoning Commission; and WHEREAS, the Town Council held a public hearing on the zoning amendment on March _________________.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville:

Section 1.

The recitals set forth above are incorporated herein by reference and made part of this Ordinance.

Section 2. Article III, District Regulations, Section 170 – 22 Central Business District CBD Special Exception Uses, B(2) is hereby amended as follows: (Bold indicates language proposed to be added to the Town Code, Strike through indicates language proposed to be deleted from the Town Code) B(2) Convenience stores less than 2,000 square feet and without motor vehicle fuel dispensers.

Section 3. Article IX, Section

170-68 Definitions,

is hereby amended as follows: (Bold indicates language proposed to be added to the Town Code, Strike through indicates language proposed to be deleted from the Town Code) Convenience Store – A one-story retail store containing less than 2,000 5,500 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items. It is designed to

attract and depends upon a large volume of stop-and-go traffic.

Section 4.

If any section, clause, paragraph, sentence or phrase of the Ordinance or the application thereof to any person, property, or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity or unconstitutionality shall in no way affect other provisions or any other application of this Ordinance which can be given effect without the invalid or unconstitutional provision or application, and for this purpose the provisions of this

Ordinance are declared severable.

Section 5. This

Ordinance shall become effective twenty days after its enactment.

ATTEST: THE TOWN COUNCIL OF CENTREVILLE

________________________________ ____________________________________

Carolyn M. Brinkley Steven K. Kline, President Town Clerk _____________________________________

First Reading: ____________________ Jeffrey D. Kiel, Vice President Second Reading: __________________

Enacted: _________________________

Effective: ________________________ _____________________________________

(21st calendar day after enactment) Shelby C. Anania, Member _____________________________________

Eric B. Johnson, Jr., Member ______________________________________

Ashley H. Kaiser, Esq., Member