County Commissioners - Public Hearings

PUBLIC HEARING - August 2, 2005

 

Code Home Rule Bill No. 3-2005

NOTICE OF PUBLIC HEARING

There will be a Public Hearing on Code Home Rule Bill No. 3-2005 which is an Act to repeal and reenact with amendments Article V, Sections 1.4B,[4.6.4, 6.6.4.], and 13.5; Article VI, Section 2.5 [ and 3.7.10]; Article VII, Sections 6, 7.2, 7.16, and 7.49 of the Kent County Land Use Ordinance; conditionally adding commercial dog kennels as a permitted accessory use on property zoned AZD;[Revising open space requirements for major subdivisions in RR and CR Districts]; Revising minimum side and rear yard requirements adjacent to property zoned M; Revising provisions for permitted signs in CC, C, CCA, I, ICA, ICA-LDA, EC and M Districts; [Revising provisions regulating docking at private and non-commercial piers]; Authorizing the Planning Director to hear and decide special exceptions for accessory structures on a corner lot; providing for certain special exceptions for corner lots in AZD, RCD, RC, RR, CAR, CR, V, IV, and IVCA Districts; Revising provisions relating to country inns in the M District; Revising “retreat” provisions by changing the word “structure” to “building” in most instances; Renumbering paragraphs; and making certain technical changes.

This hearing will be held on Tuesday, October 18, 2005, at 10:00 a.m. at the County Commissioners’ Hearing Room, County Government Center, 400 High Street, Chestertown, Maryland.

If you require communication assistance, call (410) 778-7435 or at www.mdrelay.org no later than October 13, 2005.

THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND


Janice F. Fletcher
Executive Assistant
THE COUNTY COMMISSIONERS OF KENT COUNTY, MARYLAND

August 2, 2005 Legislative Session Day
Legislative Session Day August 2, 2005


[-] denotes that language has been stricken from the bill

BILL NO. 3 -2005

INTRODUCED BY: William W. Pickrum, President of the Board of County Commissioners
for Kent County, Maryland, at the request of the Kent County Planning Commission.

AN ACT to repeal and reenact with amendments Article V, Sections 1.4B, [4.6.4, 6.6.4] and 13.5; Article VI, Section 2.5 [and 3.7.10]; Article VII, Sections 6, 7.2, 7.16 and 7.49 of the Kent County Land Use Ordinance; conditionally Adding commercial dog kennels as a permitted accessory use on property zoned AZD; [Revising open space requirements for Major Subdivisions in RR and CR Districts]; Revising minimum side and rear yard requirements adjacent to property zoned M; Revising provisions for permitted signs in CC, C, CCA, I, ICA, ICA – LDA, EC and M Districts; [Revising provisions regulating docking at private and non-commercial piers]; Authorizing the Planning Director to hear and decide special exceptions for accessory structures on a corner lot; Providing for certain special exceptions for corner lots in AZD, RCD, RC, RR, CAR, CR, V, IV and IVCA Districts; Revising provisions relating to Country Inns in the M District; Revising “Retreat” Provisions by changing the word “structure” to “Building” in most instances; Renumbering Paragraphs; and making certain technical changes.

THE COUNTY COMMISSIONERS OF KENT COUNTY


by:_____________________________________________
William W. Pickrum, President


INTRODUCED, read first time, August 2, 2005, read second time at public hearing held

on August 23, 2005, ordered posted and additional public hearing scheduled on the 18th day of

October, 2005, at 10: 00 a.m. in the County Commissioners Hearing Room, County Government

Center, 400 High Street, Chestertown, Maryland.

By Order Of

________________________________________________
Janice F. Fletcher
Executive Assistant

PUBLIC HEARING

HAVING been posted and notice of time and place of hearing and copies having been made available to the public and the press, a public hearing was held on , 2005, and concluded on , 2005. Reported favorably [with] [without] amendments, read second time and ordered to be considered on _______________, 2005, a legislative session day.

________________________________________
Janice F. Fletcher
Executive Assistant











A BILL ENTITLED

AN ACT to repeal and reenact with amendments Article V, Sections 1.4B, [ 4.6.4, 6.6.4] and 13.5; Article VI, Sections 2.5 and [3.7.10]; Article VII, Sections 6, 7.2, 7.16.a and 7.49 of the Kent County Land Use Ordinance; conditionally Adding commercial dog kennels as a permitted accessory use on property zoned AZD; [Revising open space requirements for Major Subdivisions in RR and CR Districts]; Revising minimum side and rear yard requirements adjacent to property zoned M; Revising provisions for permitted signs in CC, C, CCA, I, ICA, ICA – LDA, EC and M Districts; [Revising provisions regulating docking at private and non-commercial piers]; Authorizing the Planning Director to hear and decide special exceptions for accessory structures on a corner lot; Providing for certain special exceptions for corner lots in AZD, RCD, RC, RR, CAR, CR, V, IV and IVCA Districts; Revising provisions relating to Country Inns in the M District; Revising “Retreat” Provisions by changing the word “structure” to “Building” in most instances; Renumbering Paragraphs; and making certain technical changes.


SECTION 1. BE IT ENACTED by the County Commissioners of Kent County that Article V (District Regulations), Sections 1.4B (Accessory Uses and Structures Permitted in the Agricultural Zoning District); [4.6.4. (Rural Residential District Standards – Major Subdivisions); 6.6.4 (Community Residential District Standards – Major Subdivisions)]; and 13.5 (Marine District – Density, Height, Width, Bulk and Fence Requirements); Article VI (Special Provisions), Sections 2.5 (Permitted Signs), [and 3.7 (Supplementary Regulations – Special Requirements for Water Dependent Uses)]; Article VII (Special Exceptions), Sections 6 (Procedures), 7.2 (Accessory Structures); 7.16.a (Country Inn), and 7.49 (Retreat) of the Kent County Land Use Ordinance, be and are hereby repealed.

SECTION 2. NEW SECTIONS BE and are hereby enacted in lieu thereof, to read as follows:


ARTICLE V. DISTRICT REGULATIONS.

1.4. ACCESSORY USES AND STRUCTURES

B. The following accessory uses are permitted on all properties in the Agricultural Zoning District.

Accessory off-street parking and loading of non-commercial vehicles that have current licenses and are operable.

Accessory dwelling unit, one, in principal or accessory structures provided:
The property owner resides on the premises.
The accessory dwelling unit is subordinate to the principal dwelling in size and appearance.
The accessory dwelling unit may be rented but not sold as a separate unit.
The appearance of the structure and property remain that of a single family dwelling so that the average neighbor is unaware of the accessory dwelling unit’s existence.
If the entrance to the accessory dwelling unit is separate from that of the primary dwelling, the entrance to the accessory dwelling unit shall be from the side or rear yard.
One parking space is provided in the rear yard for the accessory dwelling unit.





The structure meets all applicable Kent County Codes, including the building code, and Health Department regulations.

Accessory off-street parking of one commercial vehicle in the rear yard provided:
The vehicle is used by the occupant of the dwelling.
The vehicle does not exceed 16,000 pounds manufacturer’s gross vehicle weight.
No major repair is conducted on-site.
No engines may run when parked on-site. Electrical refrigeration units may run.
Honey wagons, sanitation, garbage, or other trucks used to transport odorous, flammable, or hazardous materials are prohibited.
The vehicle has a current license and is operable.

Appurtenant signs in accordance with Article VI, Section 2 of this Ordinance.

Assisted living facilities or group homes, with no more than four beds provided:
The property owner resides on the premises.
The assisted living facility or group home is subordinate and accessory to the principal dwelling in size and appearance and is in the same structure as the principal dwelling unit.
The rooms for the use are not designed or constructed to be separate dwelling units and may not be sold as separate dwelling units.
The appearance of the structure and property remain that of a single family dwelling so that the average neighbor is unaware of the assisted living facility’s or group home’s existence.
The structure meets all applicable Kent County Codes, including the building code, and Health Department requirements.
6. Commercial dog kennels, provided:
Any open dog pens, runs, cages, or kennels shall be 200 feet from any side or rear lot line.
The operation is managed according to waste and nutrient management plans approved by the Natural Resources Conservation Service, the University of Maryland Cooperative Extension Service, and the Kent County Health Department.

7. Day care home provided:
Outdoor play areas are fenced and screened.
Structured areas for active play or play structures shall not be in the front yard and shall be a minimum of 10 feet from the side or rear property line.
One drop off / pickup space is provided.
Structural or decorative additions shall be designed to be compatible with the residential character of the neighborhood.
Signs shall be limited to two square feet.

8. Home occupations in main or accessory buildings
Intent - The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to:
Ensure the compatibility of home occupations with other uses in residential areas.
Maintain and preserve the character of residential neighborhoods by regulating the operation of home occupations so that the average neighbor is unaware of their existence.
Guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire, hazard, and other possible effects of commercial uses being conducted in residential areas.
Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses.

Conditions -
A home occupation shall be incidental to the use of a dwelling unit for residential purposes and shall be conducted only by members of the family residing in the dwelling unit plus one non-resident assistant or employee.
Outdoor storage of materials or products is prohibited.
The home occupation shall not cause any external effect such as noise, excessive lighting, or offensive odor that is incompatible with the characteristics of the residential area. The illegal discharge of any materials, fluids, or gases into the sewer system or in any other manner of discharging such items in violation of any applicable government code is prohibited.
Traffic generated by the home occupation shall not exceed that normally expected in a residential neighborhood.
Parking for the home occupation shall be provided off-street and in the side or rear yard.
A home occupation shall limit any external evidence of an occupation to one identification sign not to exceed two square feet.

9. Private garages, swimming pools, game courts, and other customary residential outbuildings and
structures provided that on parcels less than five acres, the accessory storage structures do not
exceed 1,200 square feet and a height of 17 feet.

10. Roadside stands offering for sale locally grown fresh agricultural products in season, operated by the
owner, lessee or tenant of the property on which such stand is located. Adequate off-street parking
shall be provided. Such stands shall be completely removed at the end of the local fresh produce
season.

11. Satellite dish with an antenna exceeding 3 feet in diameter provided:
No antenna shall exceed an overall diameter of 12 feet or an overall height of 15 feet above existing grade.
The antenna shall be permanently ground-mounted. An antenna shall not be installed on portable or moveable structures.
The antenna shall be totally screened along the non-receptive axis, and low-level ornamental landscaping shall be installed along the reception window axis of the base of the antenna. Screening may consist of fencing or a variety of plant types. Screening may be waived when the antenna is located 100 feet from all property lines or the antenna is of a nature that is not visible or intrusive to the neighborhood.

12. Satellite dish, private, with an antenna 3 feet or less in diameter and solar panel arrays provided that the antenna is not installed on portable or movable structures.

13. School buses, limited to two, parked in the rear or side yard of dwellings provided the buses are owned or operated by the occupants of the dwelling, have current licenses, and are operable.

14. Storage in the rear yard of boats, campers, boat trailers, and camper trailers, which are titled under the name of the property owner or occupant. All boats, campers, boat trailers, and camper trailers must be operable and have current licenses if required.


[4.6. RURAL RESIDENTIAL DISTRICT GENERAL STANDARDS]

[4. Major subdivisions shall include 40% of the adjusted tract acreage plus the acreage in slopes over 25%, tidal and non-tidal wetlands, required buffers and stormwater management areas as open space unless all of the parcels are 10 acres or more in size. The adjusted tract acreage shall be determined by subtracting the acreage in slopes over 25%, tidal and non-tidal wetlands, required buffers and stormwater management areas. The Planning Commission may waive this requirement when the total amount of open space, including steep slopes, wetlands, buffers, and stormwater management areas exceeds 40% of the site. When all of the parcels in the subdivision exceed 10 acres in size, the developer shall pay a fee of $250.00 for each lot in lieu of providing land for recreational purposes.]


[6.6. COMMUNITY RESIDENTIAL DISTRICT GENERAL STANDARDS]

[4. Major subdivisions shall include 40% of the adjusted tract acreage plus the acreage in slopes over 25%, tidal and non-tidal wetlands, required buffers and stormwater management areas as open space unless all of the parcels are 10 acres or more in size. The adjusted tract acreage shall be determined by subtracting the acreage in slopes over 25%, tidal and non-tidal wetlands, required buffers and stormwater management areas. The Planning Commission may waive this requirement when the total amount of open space, including steep slopes, wetlands, buffers, and stormwater management areas exceeds 40% of the site. When all of the parcels in the subdivision exceed 10 acres in size, the developer shall pay a fee of $250.00 for each lot in lieu of providing land for recreational purposes.]










13.5 DENSITY, HEIGHT, WIDTH, BULK AND FENCE REQUIREMENTS

Gross density (dwelling units/acre) 2
Minimum lot size ½ acre
Minimum frontage
- Road 100 feet
- Waterfront 100 feet
Minimum yard
- Front 30 feet
- Side
Adjacent to CC, CCA, M 8 feet
Adjacent to other districts 25 feet
- Rear
Adjacent to CC, CCA, M 10 feet
Adjacent to other districts 25 feet
- Waterfront Minimum 100-foot buffer or modified buffer [1]
- Shoreline cliff 1.5 x cliff height + 20 feet
- Minimum pier
Side yard 30 feet
- Accessory Buildings
Side 3 feet
Rear 5 feet
Height
- Buildings 38 feet
- Covered pier [2] 38 feet
- Fence
- Security 8 feet
- Ornamental
Front & Side 4 feet
Rear 8 feet




ARTICLE VI. SPECIAL PROVISIONS

2.5 PERMITTED SIGNS

Incidental – The following signs are permitted in any district:

One nameplate, limited in area to 2 square feet, to identify the owner or occupant of a dwelling.

One sign, limited in area to 2 square feet, to identify a permitted home occupation.

No trespassing or no hunting signs, without limitation on number or placement, limited in area to 2 square feet.

Directional signs, limited in area to 4 square feet.

One sign, limited in area to 10 square feet, to identify an approved subdivision except in AZD.

Three flags of any Nation, State, County or Municipality provided the flags are not used for commercial promotion or as an advertising device.

Agriculture – The following signs are permitted in the Agricultural Zoning District and on bona fide farms in any other district:

One sign, limited in area to 4 square feet, to identify a farm or approved subdivision.




One sign, limited in area to 16 square feet, advertising products raised on the premises and agricultural industries.

Village, Intense Village and Intense Village Critical Area – The following signs are permitted in the Intense Village, Intense Village Critical Area and Village District provided that the total sign area shall not exceed one and one half (1-1/2) square feet for each linear foot of building frontage and that the maximum total area shall not exceed 100 square feet.

One flat sign per establishment, limited in area to 15 square feet or 5% of the front facade of the establishment, whichever is the least

OR

One projecting sign per establishment, limited in area to 5 square feet.

One detached sign, limited in area to 9 square feet.

One flag in addition to the incidental flags provided the area of the flag does not exceed 15 square feet and the flag is mounted on the building facade (not roof) or approved flagpole.

One neon sign attached to a window or inside the building, limited to 2 square feet in Intense Village and Intense Village Critical Area.

The TOTAL SIGN AREA SHALL NOT EXCEED one and one-half square feet for each linear foot of building frontage. The maximum total area shall not exceed 100 square feet.

Crossroads Commercial, Commercial, Commercial Critical Area, Industrial, Industrial Critical Area, Industrial Critical Area - LDA, Employment Center, and Marine – The following signs shall be permitted in the Commercial, Crossroads Commercial, Commercial Critical Area, Marine, Employment Center, Industrial, Industrial Critical Area - LDA, and Industrial Critical Area districts.

On buildings with a building size less than 20,000 square feet, one flat sign per establishment limited to 5% of the façade fronting the road, not to exceed 25 square feet or one projecting sign per establishment limited in area to 10 square feet.

On buildings that exceed 20,000 square feet in size, one flat sign per establishment limited to one- half (1/2) square foot per linear foot of building frontage, not to exceed 100 square feet, provided the sign uses colors approved by the Planning Commission and is illuminated with steady external lighting (if illuminated at all). The bonus sign area section does not apply to signs approved under theses criteria.

OR

One projecting sign per establishment, limited in area to 10 square feet.

One detached sign per parcel, limited to 25 square feet and a height of 25 feet.

A waterfront business may have one detached or one attached sign to be read from the water, limited in area to 20 square feet and limited in height to 20 feet.

Directory signs identifying three or more establishments shall not exceed 65 square feet.

One flag in addition to the incidental flags provided the area of the flag does not exceed 15 square feet and the flag is mounted on the building facade (not roof) or approved flagpole.

One neon sign attached to a window or inside the building, limited to 2 square feet.

In no instance shall the total sign area on buildings less than 20,000 square feet exceed one half (1/2) square foot per linear foot of building frontage.




Prohibited Signs – The following signs are prohibited in all districts:

Prohibited signs existing as of August 1, 1989 shall be considered nonconforming signs.

Signs that are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.

Signs advertising an activity, business, product, or service no longer conducted on the premises.

Signs which contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other moving devices.

Signs that may move or swing as a result of wind pressure, unless approved by the Planning Commission.

Flashing signs or exposed neon tubing, unless otherwise permitted by this Ordinance.

Roof signs and signs fastened to or supported by the roof of a building; no projecting sign shall extend over or above the roofline.

Outdoor advertising structures, poster panels, billboards, or signs of any other type advertising products or services not available on the premises.

Signs painted on vehicles or parts of vehicles, i.e. tractor trailer bodies, that are not used regularly as a part of the business.




Illumination

The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to surrounding areas.

No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color. Beacon lights are not permitted.

No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

Neither the direct, nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

No exposed reflective type bulbs and no strobe light or incandescent lamp which exceeds 15 watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property.

-----------------------------------------

2.7[SPECIAL REQUIREMENTS FOR WATER DEPENDENT USES]

[The following shall apply to private piers, shared piers, community piers, and other non-commercial boat docking facilities:
It shall not be permitted for the owner or owners of a private pier, shared pier, community pier, and other non-commercial boat docking facility to receive compensation for use of their pier or boat docking facility.
All boats docked at a private pier shall be operable and have current registration in the name of the property owner or occupant.]









ARTICLE VII. SPECIAL EXCEPTIONS

SECTION 6. PROCEDURES

The application for a special exception shall include a site plan together with such data and information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood, and surrounding properties.

The Planning Director may hear and decide the following special exceptions:

Accessory storage structures
Accessory structures in the front yard requirement of waterfront parcels
Accessory structures in the front yard of a through or corner lot
Day care group



SECTION 7. SPECIAL EXCEPTIONS

2. Accessory structures in the front yard of through or corner lots in AZD, RCD, RC, RR, CAR, CR. V, IV, and IVCA.


16. Country inn in AZD, RCD, RC, RR, CAR, CR, and M provided:
Such structures have existed prior August 1, 1989, except on properties with more than 25 acres in the Marine District.
The number of rooming units provided on the site is limited to fifteen excluding resident management quarters.
Boarding and dining facilities in AZD, RC, RR, and CAR, may be permitted only when attendant to rooming units and further provided that such facilities are limited to a maximum seating capacity of forty persons. Such dining facilities may be provided to patrons other than boarders. No dining facility shall be permitted in RCD.
The site has access to a public road. This access must be capable of supporting the passage of emergency vehicles. The Board may require improvements to existing access roads.
There shall be sufficient acreage for the proposed use and activities.
Exterior changes to the site structure are minimized. Extension or enlargement of principal and accessory structures may not exceed 50% of the gross floor area of each individual building above that which existed as of August 1, 1989.
Adequate landscaping shall be provided to screen all parking areas from adjoining residential properties. Landscaping or screening proposed shall be shown on a site plan as required by this Ordinance.

49. Retreat in AZD, RCD, RC, RR, CAR, CR, and V provided:
The project shall collectively consist of at least 15 acres.
In AZD, the retreat uses buildings that existed prior to August 1, 1989. Buildings are limited to a 50% expansion of the gross floor area of each individual building above that which existed as of August 1, 1989.
The retreat has at least 10 but not more than 40 guest rooms.
Permanent theme parks, amusement parks, and/or stadiums are prohibited.
Where applicable, the applicant has applied for growth allocation. Special exception approval will not be valid without the granting of growth allocation.
The Board shall make specific findings on the availability of public and governmental services.
Where they exist, historic structures shall be incorporated into the overall project.
Significant view corridors, both from the site and onto the site shall be preserved in so much as possible.
The height of all structures shall not exceed 38 feet.
The design of the retreat and accessory uses shall reflect and complement the rural character of the area.
One residential unit for use by an employee of the retreat may be provided.



Permitted accessory uses include kitchen and dining facilities for guests only, recreational facilities such as tennis courts and swimming pools; spas; other recreation amenities but not including trap, skeet, clay birds, paint ball or other similar firearm activities, piers; and other accessory uses that are customarily associated with a retreat. The applicant shall describe all proposed accessory uses in the application for a special exception. The Board of Appeals may deny or limit the size and extent of accessory uses.
The number of slips on an accessory pier may not exceed 5.
The retreat shall be limited to 10 buildings. In AZD, the retreat is limited to existing buildings.
All structures shall comply with the minimum 100-foot buffer. Primary buildings shall be 100 feet from all property lines or comply with the minimum 100-foot buffer, whichever is greater. Accessory structures may be 5 feet from the rear or side property line.
At least 60% of the property shall be in open space.
Parking lots shall be landscaped as required for commercial developments in Article V, Section 11 of this Ordinance.
The Board of Appeals may place additional restrictions on the following:
Additional yard requirements for all structures, including patios and places of public assembly
Lighting
Landscaping and screening
Outdoor activities and outdoor music and their hours of operation
Access
The application for a retreat shall include a sketch plan and renderings of all primary and each type of accessory buildings and structure.

SECTION 3. BE IT FURTHER ENACTED that this Act shall take effect on the _____ day

of _____________, 2005.

Read Third Time _____________________________.

PASSED this _____ day of ________________, 2005.

Failed of passage_____________________________.




ORDERED a fair summary thereof of the entire bill shall be published in at least one

newspaper of general circulation in the County, not less than three times at weekly intervals

within a four week period.

By Order Of:



__________________________________
Janice F. Fletcher
Executive Assistant






Approved: THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
Date:______________


__________________________________
William W. Pickrum, President



__________________________________
Roy W. Crow, Member



__________________________________
Scott D. Livie, Member


Please contact the County Commissioner's Office at (410) 778-4600 or by e-mail with any questions or comments.