Article II. Permitted Uses

SECTION 28 – 201 PERMITTED USES

A. Consistent with the authority granted by Article 66B of the Maryland Code, the Town Council has divided all lands within the corporate limits into the following zoning districts.  Articles IV through IX set forth the uses, standards and regulations for each district.  The uses, standards and location of each district are generally consistent with the guidelines of the Comprehensive Plan for the Town.

Section 28 – 202 Table of Permitted Uses below lists the permitted, special exception, accessory, and temporary uses for each base zoning district except the RH District, for which the permitted uses are listed in Sections 28 – 413.3 through 28 – 415.5.  Uses marked with an asterisk (*) indicate that use is subject to supplemental performance and/or development standards as detailed in Article X.  Articles IV sets forth the purpose and development standards for each base zoning district.  Articles V through IX detail the permitted uses and development standards for all special districts within the Town.

B. If any use is proposed which is not expressly identified in Articles IV through IX or Table 2.1, Table of Permitted Uses, the Town Planner shall make a determination as to which use it is most similar in character and may permit the unlisted use as a Special Exception in any zone(s) in which the similar use is permitted.  The unlisted use may not be permitted in any zone in which the similar use is not permitted, either by right or by Special Exception.  An appeal of the Town Planner’s determination, relative to use determination only, may be made directly to the Easton Planning and Zoning Commission.  Further appeals beyond that point shall follow the procedure prescribed for such in Section 28 – 1303.3 of this Ordinance.


C. NEGATIVE USE RESRICTIONS AND RESTRICTIVE COVENANTS PROHIBITED AS AGAINST PUBLIC POLICY

  1. Purpose and Intent.  The public health, safety, and general welfare of the Town of Easton are compromised when private parties impose negative use restrictions and/or restrictive covenants on real property in the Town which prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store purposes after a grocery store owner or operator has terminated grocery store operation upon such real property. Such negative use restrictions and restrictive covenants are separate and distinct from commercially reasonable non-compete clauses included in shopping center development agreements whereby a landlord may agree with a tenant that is a grocery store not to lease another space in the same shopping center to a second grocery store in order to induce the first tenant to sign a long-term lease as an anchor tenant at such shopping center development.
  2. Prohibitions.  A private agreement that purports to impose negative use restrictions and/or restrictive covenants upon real property in the Town of Easton so as to prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store purposes after a grocery store has terminated grocery store operations on such real property, when such use would otherwise be permitted (including as a special exception) under the Town's Zoning Code, shall be against public policy, void, and unenforceable. The foregoing prohibition shall apply whether the private agreement is incorporated in a deed restriction, restrictive covenant, a lease or memorandum of lease, or any other instrument. This prohibition applies to all such private agreements effective on or after September 18, 2017.  This prohibition shall not apply to an owner or operator of a grocery store that terminates operations at a site for purposes of relocating the grocery store into a comparable or larger store located within the Town of Easton within a quarter mile of the site where the prior operation was terminated; provided that relocation and commencement of the operation of the new grocery store at the new site occurs within two (2) years of the sale, transfer, or lease of the prior site, and the negative use restriction or restrictive covenant does not have a term in excess of three (3) years. If the new grocery store is not relocated within the Town of Easton within a quarter mile of the prior site within two (2) years, then the negative use restriction or restrictive covenant shall not be enforceable. The fines that may be levied for violation of the Zoning Code pursuant to Section 28-1308 of the Zoning Code shall not apply to such private agreements entered into prior to the effective date of this section.  However, all other available legal remedies, including but not limited to declaratory judgment and/or injunctive relief shall apply to all violations of this section including those entered into prior to the effective date of this section.

Section 28 – 202 Table of Permissible Uses

When referring to the Permitted Uses Table, the following legend applies:

* - DENOTES A USE SUBJECT TO SUPPLEMENTAL STANDARDS (SEE SECTION 28 – 1007)

A – DENOTES A USE THAT IS PERMITTED ONLY ACCESSORY TO A PERMITTED USE.  NOTE THAT THESE ONLY REPRESENT THE MORE COMMON ACCESSORY USES.  OTHER USES MAY BE PERMITTED, ONLY AS ACCESSORY TO A PRINCIPAL PERMITTED USE, IF THE TOWN PLANNER DETERMINES THAT THE PROPOSED ACCESSORY USE IS COMMONLY ASSOCIATED WITH THE PRINCIPAL PERMITTED USE AND THAT IT WILL CLEARLY BE INCIDENTAL TO SAID PRINCIPAL USE.

P - DENOTES A USE THAT IS PERMITTED BY RIGHT

SE - DENOTES A USE PERMITTED WITH A SPECIAL EXCEPTION

T - DENOTES A USE PERMITTED WITH A TEMPORARY USE PERMIT (SEE SECTION 28 – 1306)

- - DENOTES A PROHIBITED USE

1 - SHOPPING CENTERS WHICH WERE PREVIOUSLY APPROVED AS SPECIAL EXCEPTIONS OR PMR DISTRICTS SHALL BE TREATED AS APPROVED PUD DISTRICTS.  ANY CHANGES TO SUCH SHOPPING CENTERS SHALL BE REVIEWED AS PER THE REQUIREMENTS FOR AMENDMENTS TO APPROVED PUD DISTRICTS.

THE TABLE INDICATES PERMITTED USES IN BASE ZONES ONLY EXCLUDING THE RH DISTRICT.  FOR USES PERMITTED IN THE RH DISTRICT, SEE SECTIONS 28 – 413.3 THROUGH 28 – 413.5.  FOR USES PERMITTED IN SPECIAL (OVERLAY AND FLOATING) ZONES, SEE ARTICLES V – IX