Article III. Zoning District Regulations

SECTION 28 – 301 A-1 - AGRICULTURAL DISTRICT

28 – 301.1 PURPOSE

The A-1 Agricultural District is intended for properties for which Town sewer service has not yet been extended.  Upon the provision of such service, the Town Council may establish the appropriate zoning for these properties.  Regulations and standards stated herein allow low density residential development as well as a full range of agricultural and related activities.  Any parcel of land that, for whatever reason, has no zoning classification shall be zoned A-1.

28 – 301.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the A-1 District:

A.    Lot Standards

1.      Minimum lot sizes – All lots hereafter established shall not be less than one (1) acre.

2.      Lot frontage – Each lot hereafter established shall have a minimum frontage on a public street or way of thirty (30) feet.

B.     No more than one principal use shall be permitted on an individual lot.

C.     Off-street parking shall be provided for all uses in accordance with the standards of Section 28 – 1001

D.    Minimum setbacks –  Each main structure, all accessory structures and any use, shall be set back a minimum of fifty (50) feet from any public or private access-way and/or navigable waters; and eight (8) feet from all other lot lines, except that boat-houses, docks, and wharves may be erected on a shoreline, eight (8) feet from any other boundary line and fences may be located on the rear and side lot lines but no closer to the front lot line than the minimum front setback.

E.     Height limitations – thirty-five (35) feet.

F.      Lot coverage – Within the Building Envelope 100% coverage shall be permitted.  Outside of the Building Envelope, all buildings and structures shall not exceed ten (10%) percent of the balance of the lot area.

SECTION 28 – 302  R-7A - RESIDENTIAL  DISTRICT

28 – 302.1 PURPOSE

It is the purpose of this district to encourage the residential development and redevelopment of certain established areas of the Town of Easton.  The district will provide land areas for high and medium density residential development with a variety of housing types including multi-family dwellings in a manner that respects the existing character of the older, developed parts of the district.

28 –  302.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the R-7A District:

A.    The minimum lot size for all uses hereafter established shall be 7,500 square feet, except as modified below:

1.      Minimum lot sizes –  Up to 50% of the lots within an R-7A subdivision may be less than the required minimum lot size.  Of these smaller lots, 75% must have a minimum lot size of at least 5,000 square feet.

2.      Lot frontage –  Each lot hereinafter established shall have a minimum frontage on a public street or way of thirty (30) feet.  However, houses served by rear alleys may front directly onto parks or public open space, which shall have perimeter sidewalks.

B.     Off-street parking shall be provided for all uses in accordance with the standards of Section 28 – 1001.

C.     Minimum setbacks for all uses and structures shall be:

1.      Front setback – fifteen (15) feet.  

2.      Rear setback –  twenty-five (25) feet 

3.      Side setback – two side setbacks – eight (8) feet

D.    Height limitations – thirty-five (35) feet.

E.     Building Envelope – All lots shall have a minimum building envelope of sixty (60) feet deep by thirty (30) feet wide.

F.      Lot coverage – Within the building envelope 100% of the land area may be covered with buildings or structures.  Outside of the building envelope permitted accessory structures may be constructed in accordance with the supplemental standards pertaining to said use.  In total, such accessory structures may not occupy more than fifty (50%) percent of the rear yard area. This provision shall not be construed to permit any accessory structures to be located in the established front yard.

G.    For single family dwellings the maximum density permitted in the R-7A district shall be 3.5 dwelling units per acre.  A density increase is permitted where the subdivision proposal provides on-site or off-site housing opportunities for low- or moderate-income households, as defined by the Town of Easton Affordable Housing Board.  When off-site housing provision is proposed, the Commission shall require evidence that these units will in fact be constructed by a certain date.  For each affordable unit provided under this subsection, one additional building lot or dwelling unit shall be permitted, up to a maximum 15% increase in dwelling units.  For multi-family dwellings the maximum density shall be eight (8) dwelling units per acre.  The maximum permitted density for two-family dwellings shall be two (2) du/lot provided said lot is expanded in accordance with Section 28 – 1007.1. A. (9).

SECTION 28 – 303 R-10A - RESIDENTIAL DISTRICT

28 – 303.1 PURPOSE

It is the purpose of this district to provide for the continued development of existing and new residential areas within the Town of Easton.  The district will provide land areas suitable for medium density residential use with a variety of housing types.

28 –  303.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the R-10A District:

A.    The minimum lot size for all uses shall be 10,000 square feet except as modified below.

1.      Minimum lot sizes –  Up to 50% of the lots within an R-10A subdivision may be less than the required minimum lot size. Of these smaller lots, 75% must have a minimum lot size of at least 7,000 square feet.

2.      Lot frontage – Each lot hereinafter established shall have a minimum frontage on a public street or way of thirty-five (35) feet. However, houses served by rear alleys may front directly onto parks or public open space, which shall have perimeter sidewalks

B.     Off-Street Parking shall be provided for all uses in accordance with the standards of Section 28 – 1001.

C.     Minimum setbacks for all uses and structures:

1.      Front setback – fifteen (15) feet.  

2.      Rear setback –  thirty (30) feet.

3.      Side setback –  two side setbacks are required of eight (8) feet each 

D.    Height Limitations –  thirty-five (35) feet.

E.     Building Envelope – All lots shall have a minimum building envelope of fifty-five (55) feet deep by thirty (30) feet wide

F.      Lot coverage – Within the building envelope 100% of the land area may be covered with buildings or structures.  Outside of the building envelope permitted accessory structures may be constructed in accordance with the supplemental standards pertaining to said use.  In total, such accessory structures may not occupy more than fifty (50%) percent of the rear yard area. This provision shall not be construed to permit any accessory structures to be located in the established front yard

G.    For single family dwellings the maximum density permitted in the R-10A district shall be 3.5 dwelling units per acre.  A density increase is permitted where the subdivision proposal provides on-site or off-site housing opportunities for low- or moderate-income households, as defined by the Town of Easton Affordable Housing Board.  When off-site housing provision is proposed, the Commission shall require evidence that these units will in fact be constructed by a certain date.  For each affordable unit provided under this subsection, one additional building lot or dwelling unit shall be permitted, up to a maximum 15% increase in dwelling units.  For multi-family dwellings the maximum density shall be five (5) dwelling units per acre.  The maximum permitted density for two-family dwellings shall be two (2) du/lot provided said lot is expanded in accordance with Section 28 – 1007.1.A.(9).

SECTION 28 – 304  R-10M - RESIDENTIAL DISTRICT

28 – 304.1 PURPOSE

It is the intent of this district to provide for the continued development of existing and new residential areas.  The district will provide land area suitable for medium density residential use with a variety of housing types including mobile homes (as a special exception).

28 – 304.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the R-10M District:

A.    The minimum lot size for all uses shall be 10,000 square feet.  

1.      Minimum lot sizes – All lots hereafter established shall be not less than 10,000 square feet in area.

2.      Lot frontage – Each lot hereinafter established shall have a minimum frontage on a public street or way of thirty-five (35) feet.

B.     Off-street parking shall be provided for all uses in accordance with the standards of Section 28 – 1001.

C.     Minimum setbacks for all uses and structures:

1.      Front setback –  fifteen (15) feet.  

2.      Rear setback – thirty (30) feet yard 

3.      Side setbacks – two side setbacks are required of eight (8) feet each 

  D.    Height Limitations –  thirty-five (35) feet.

E.     Building Envelope – All lots shall have a minimum building envelope of fifty-five (55) feet deep by fifty-four (54) feet wide.

F.      Lot coverage – Within the building envelope 100% of the land area may be covered with buildings or structures.  Outside of the building envelope permitted accessory structures may be constructed in accordance with the supplemental standards pertaining to said use.  In total, such accessory structures may not occupy more than fifty (50%) percent of the rear yard area. This provision shall not be construed to permit any accessory structures to be located in the established front yard.

G.    For single family dwellings the maximum density permitted in the R-10M district shall be one (1) dwelling unit per lot. For multi-family dwellings the maximum density shall be five (5) dwelling units per acre.  For mobile home subdivisions or parks the maximum permitted density shall be six (6) units per acre.  The maximum permitted density for two-family dwellings shall be two (2) du/lot provided said lot is expanded in accordance with Section 28 – 1007.1.A.(9).

SECTION 28 – 305 CB - CENTRAL BUSINESS COMMERCIAL DISTRICT

28 – 305.1 PURPOSE

The purpose of this district is to provide appropriate locations for select commercial activities within the Town of Easton's Central Business District.   Provision is made for the accommodation of a wide range of business pursuits, retail sales and office and service activities which serve the needs of citizens of the region.  The district is designed to preserve, and to encourage the continued development of the Central Business Area consistent with the unique land use mix which currently exists.  It is further the purpose of this District to encourage reinvestment in existing structures, increase the supply of affordable housing, and provide flexibility to allow businesses to adjust to changing market conditions.

Uses which may be potentially detrimental to a neighborhood for such reasons as odor, smoke, dust, fumes, fire, vibration, noise or hazardous conditions because of fire or explosion shall not be permitted.

28 – 305.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the CB District:

A.    Lot Standards

1.      Minimum lot size –  All lots hereafter established shall be not less than 5,000 square feet.

2.      Minimum lot dimensions – All lots hereafter established shall have depth of at least sixty (60) feet.

3.      Lot frontage –  All lots hereafter established shall have a minimum frontage on a public street or way of at least thirty (30) feet.

B.     Off-Street Parking shall not be required for uses within the CB Zoning District. The adequacy of parking relative to the proposed use of the property shall be evaluated during the site plan review process.

C.     Minimum setback requirements for all lots and uses:

1.      Front setback:

a.   in previously developed areas in the CB commercial zone the existing or established front building line of that block;

b. all buildings hereafter constructed in areas without an established front building line in that block shall be setback twenty-five (25) feet from the front property line

2.      Rear setback:

a. in previously developed areas in the CB commercial zone the existing or established rear building line of that block;

b. all buildings hereafter constructed in areas without an established rear building line in that block shall be setback fifteen (15) feet from the rear property line.

3.      Side setbacks –  none.

D.    Height limitations – sixty (60) feet.

E.     Building structure size – not to exceed twenty-five thousand (25,000) square feet of gross floor area, except by Special exception.

F.      Building envelope –  All lots shall have a minimum building envelope of twenty (20) feet deep by thirty (30) feet wide.

G.    Lot coverage – by all buildings and structures shall not exceed ninety (90%) percent.

H.    Maximum density shall be seven (7) dwelling units per acre for single-family dwellings, sixteen (16) dwelling units per acre for multifamily dwellings, or as specified in Section 28-1007.1 A 9 for Middle Housing Types.

I.        All on-site lighting unless approved otherwise by the Planning and Zoning Commission shall be low cut-off shielded luminaries at 18’ height and light shall not shine off-site at levels greater than 1-foot candle.

J.       All off-street loading and unloading areas shall be screened from view by permanent, decorative screens or natural plantings, a minimum of eight (8) feet in height, as per the requirements of Section 28 – 1014 of this Ordinance.

SECTION 28 –  306 CG - COMMERCIAL GENERAL DISTRICT

28 – 306.1 PURPOSE

The purpose of this district is to provide appropriate locations for a broad range of intensive commercial activities.  Provision is made for the accommodation of a wide range of business pursuits, including retail, wholesale, storage and contracting activities.

Uses which may be potentially detrimental to a neighborhood for such reasons as odor, smoke, dust, fumes, fire, vibration, noise or hazardous conditions because of fire or explosion shall not be permitted.

28 – 306.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the CG District:

A.    Lot Standards:

1.      Minimum lot size – All lots hereafter established shall be not less than 20,000 square feet

2.      Lot frontage – Each lot hereafter established shall have a minimum frontage on a public street or way of sixty (60) feet.

B.     Off-Street Parking shall be provided for all uses in accordance with the standards of Section 28 – 1001.

C.     Setback requirements for all lots and uses:

1.      Front setback –  All structures shall be setback at least twenty-five (25) feet.

2.      Rear setback – All structures shall be setback at least fifteen (15) feet from the rear property line.

3.      Side setbacks –  A minimum of two side yards of ten (10) feet each.

D.    Building Envelope – All lots shall have a minimum building envelope of twenty (20) feet deep by thirty (30) feet wide.

E.     Height limitations –  fifty (50) feet.

F.      Lot coverage –  by all buildings and structures shall not exceed fifty (50%) percent.

G.    All on-site lighting unless approved otherwise by the Planning and Zoning Commission shall be low cut-off shielded luminaries at 18’ height and light shall not shine off-site at levels greater than 1-foot candle.

H.    All off-street loading and unloading areas shall be screened from view by permanent, decorative screens or natural plantings, a minimum of eight (8) feet in height.

I.        All areas not devoted to buildings or parking areas shall be landscaped and maintained in accordance with Section 28 – 1014 of this Ordinance.

SECTION 28 – 307 CL - COMMERCIAL LIMITED DISTRICT

28 – 307.1 PURPOSE

The purpose of this district is to provide appropriate locations for select commercial activities.  Provision is made for the accommodation of a wide range of business pursuits, retail sales, and office and service activities which serve the needs of citizens of the region.

Uses which may be potentially detrimental to a neighborhood for such reasons as odor, smoke, dust, fumes, fire, vibration, noise or hazardous conditions because of fire or explosion shall not be permitted.

28 – 307.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the CL District:

A.    Any development within the CL District requires Site Plan review and Planning and Zoning Commission approval in accordance with Section 28 – 901 (size thresholds for Planning and Zoning Commission Review notwithstanding).

B.     The minimum lot size for all uses hereafter established shall be sixty thousand (60,000) square feet.

C.     Off-street parking shall be provided in accordance with the provisions of Section 28 – 1001 and shall be located in the rear or side yard.

D.     All lots hereafter established shall have a minimum frontage on a public street or way of at least two hundred (200).

E.     Minimum setbacks for all structures shall be as follows:

1.      Front – forty (40) feet from the property line

2.      Side –  ten (10) feet on each side of the property line.

3.      Rear –   fifteen (15) feet from the property line.

4.      There shall be maintained a landscaped buffer of seventy-five (75) feet on any lot line adjacent to residentially zoned property in accordance with the provisions of Section 28 – 1014 of this Ordinance.

F.      Height limitations –  fifty (50) feet.

G.    Lot coverage by all buildings and structures shall not exceed thirty-five (35%) percent of the lot area.

H.    There shall be no outdoor storage of any goods or merchandise on any lot or open areas, nor shall any products be displayed in open areas.

I.        All on-site lighting unless approved otherwise by the Planning and Zoning Commission shall be low cut-off shielded luminaries at 18’ height and light shall not shine off-site at levels greater than 1-foot candle.

J.       All off-street loading and unloading areas shall be screened from view by permanent decorative screens or natural planting, either of which shall be a minimum of eight (8) feet in height, in accordance with the provisions of Section 28 – 1014 of this Ordinance.

K.    All areas not devoted to buildings or parking areas shall be landscaped and maintained in accordance with Section 28 – 1014 of this Ordinance.

SECTION 28 – 308 BC – BUSINESS COMMERCIAL DISTRICT

28 – 308.1 PURPOSE

The purpose of this district is to provide areas for light industrial, service/business commercial and related uses which can operate in a clean and quiet manner. Certain public facilities needed to serve the district and adjoining residential and commercial districts are permitted. Regulations are designed to protect abutting or surrounding districts; to establish standards for intensity of use and to guide the character of development. In keeping with the purpose of this district, no use may be permitted which may be detrimental to the area because of odor, smoke, dust, fumes, fire, noise, explosion, or open storage.

28 – 308.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the BC District:

A.    The minimum size for all uses hereafter established shall be 40,000 square feet.

B.     Off-street parking shall be provided in accordance with the provisions of Section 28 – 1001.

C.     All lots hereafter established shall have a frontage on a public street or way of at least one hundred (100) feet.

D.    Minimum setbacks for all uses shall be as follows:

1.      Front – forty (40) feet from the property line.

2.      Side – ten (10) feet on each side of the property line.

3.      Rear – thirty (30) feet from the property line.

E.     Height limitations – thirty-five (35) feet.

F.      Building Envelope – all lots shall have a minimum building envelope of thirty (30) feet deep by eighty (80) feet wide.

G.    Lot coverage by all buildings and structures shall not exceed fifty (50%) percent of the lot area.

H.    There shall be no open storage on any lot or open areas, nor shall any products be displayed in open areas. All outside storage shall be adequately screened and landscaped in accordance with provisions of Section 28 – 1014 of this Ordinance. 

I.        All on-site lighting unless approved otherwise by the Planning and Zoning Commission shall be low cut-off shielded luminaries at 18’ height and light shall not shine off-site at levels greater than 1-foot candle.

J.       All off-street loading and unloading areas shall be screened from view by permanent decorative screens or natural planting, either of which shall be a minimum of eight (8) feet in height, in accordance with the provisions of Section 28 – 1014 of this Ordinance

K.    All areas not devoted to buildings or parking areas shall be landscaped and maintained in a suitable manner, in accordance with the provisions of Section 28 – 1014 of this Ordinance.

SECTION 28 – 309 I – INDUSTRIAL DISTRICT

28 – 309.1 PURPOSE

The purpose of this district is to provide areas for industrial and related uses which can operate in a clean and quiet manner, with an emphasis on reserving land for uses of a truly industrial nature.  Certain public facilities needed to serve the district and adjoining residential and commercial districts are permitted.  Regulations are designed to protect abutting or surrounding districts; to establish standards for intensity of use and to guide the character of development.  In keeping with the purpose of this district, no use may be permitted which may be detrimental to the area because of odor, smoke, dust, fumes, fire, noise, explosion, or open storage.

28 – 309.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the I District:

A.    The minimum lot size for all uses hereafter established shall be 40,000 square feet.

B.     Off-street parking shall be provided in accordance with the provisions of Section 28 – 1001.

C.     All lots hereafter established shall have a frontage on a public street or way of at least one hundred (100) feet.

D.    Minimum setbacks for all uses shall be as follows:

1.      Front – twenty-five (25) feet from the property line.

2.      Side – ten (10) feet on each side of the property line.  A setback of twenty-five (25) feet shall be maintained from any adjacent residentially zoned property.

3.      Rear – thirty (30) feet from the property line. A setback of twenty-five (25) feet shall be maintained from any adjacent residentially zoned property.

E.     Height limitations – forty (40) feet.

F.      Building Envelope – All lots shall have a minimum building envelope of thirty (30) feet deep by eighty (80) feet wide.

G.    Lot coverage by all buildings and structures shall not exceed fifty (50%) percent of the lot area.

H.    All storage areas shall be adequately screened and landscaped in accordance with provisions of Section 28 – 1014 of this Ordinance.

I.        All on-site lighting unless approved otherwise by the Planning and Zoning Commission shall be low cut-off shielded luminaries at 18’ height and light shall not shine off-site at levels greater than 1-foot candle.

J.       All off-street loading and unloading areas shall be screened from view by permanent decorative screens or natural planting, either of which shall be a minimum of eight (8) feet in height, in accordance with the provisions of Section 28 – 1014 of this Ordinance.

K.    All areas not devoted to buildings or parking areas shall be landscaped and maintained in a suitable manner, in accordance with the provisions of Section 28 – 1014 of this Ordinance.

L.     Sidewalks shall be constructed along any public right-of-way (except for alleys) adjacent to the site along the entire frontage(s) of the property.  To the extent practicable, walkways shall be constructed on the site to tie building entrances and/or pedestrian pathway systems into existing or proposed public sidewalk systems.

SECTION 28 – 310G/I – GOVERNMENTAL/INSTITUTIONAL DISTRICT

28 – 310.1 PURPOSE

The G/I Governmental/Institutional District is intended to accommodate a wide-range of institutional, cultural, and governmental uses.  Although such uses may be permitted in a number of other Zoning Districts, the G/I District is one in which those are the only such uses deemed appropriate therein.

28 – 310.2 DEVELOPMENT STANDARDS

The following minimum development standards shall be observed in the G/I District:

A.    Lot standards:

1.      Minimum lot sizes – All lots hereafter established shall be not less than 40,000 square feet in area.

2.      Lot frontage – Each lot hereafter established shall have a minimum frontage on a public street or way of one hundred (100) feet.

B.     No more than one principal use shall be permitted outright on an individual lot.   Multiple permitted uses that are complimentary and customarily found in combination may be approved for the same lot via the Special Exception process, as specified in Section 28 – 1303.5 B of this Ordinance

C.     Off-Street Parking and Loading – Off-street parking and loading shall be provided for all uses in accordance with the standards of Section 28 – 1001, subject to the following:

1.      Joint Use off-site parking shall be permitted in the RH District in accordance with Section 28 – 1001.4 of the Ordinance.  During site plan review and approval, the Planning and Zoning Commission may approve off-site and/or shared parking arrangements for uses located adjacent to the G/I District.

D.    Setback requirements for all lots and uses:

1.      Front setback – All structures shall be setback at least forty (40) feet from the front property line.

2.      Rear setback – All structures shall be setback at least thirty (30) feet from the rear property line.

3.      Side setbacks – A minimum of two side yards of fifteen (15) feet each.

E.     Height limitations – fifty (50) feet.  The Planning and Zoning Commission may approve buildings up to sixty (60) feet in height during site plan review.

F.      Lot coverage – by all buildings and structures shall not exceed fifty percent (50%).

SECTION 28 – 311 RH – REGIONAL HEALTHCARE DISTRICT

28 – 311.1 PURPOSE; CRITERIA FOR ESTABLISHMENT

A.    The RH Regional Healthcare District is intended to provide for and encourage a regional hospital and related healthcare facilities in a campus setting and to identify and recognize the importance of such institutions and related uses to continue to be located within and serving the Town.   These regulations are also intended to protect adjacent properties from the potential adverse impacts of such facilities by establishing development standards to which hospital and related uses must conform.  The District is intended to include amenities, services, and uses offered primarily for patients and their families, healthcare providers, administrators, employees, visitors and other users of facilities located within the District.

The logical, orderly and appropriate expansion and development of regional healthcare facilities in the Town that will meet the long range healthcare needs of the community are public necessities and are in the interests of the health, prosperity and welfare of the citizens of Easton, Talbot County and the Mid-Shore area

B.     The RH District is a base zoning district and may be established anywhere within Town limits, provided the following criteria are satisfied:

1.      The land area proposed for inclusion in the RH District is at least fifty (50) acres in overall size, with all of the land or parcels proposed for inclusion in such District being contiguous to one another or separated only by a public street or other public right‑of‑way;

2.      All of the land area proposed for inclusion in the RH District is served or will be served at the time of physical development by public sewer and water systems; and

3.      A RH District may be expanded in increments of less than 50 acres, provided that the additional land is contiguous to or abutting an existing RH District.

4.      As a condition of establishment of each RH District, initial building construction within such District shall include construction of at least the first phase of an acute care hospital.

C.     The provisions of this RH District, where in conflict with other provisions of the Zoning Code, shall prevail.

28 – 311.2 DEVELOPMENT STANDARDS

Any development within the RH District requires Site Plan review and approval in accordance with Section 28 – 301.   The following minimum development standards shall be observed in the RH District:

A.    Lot standards:

1.      Minimum Lot Sizes –  Each lot hereafter established shall be not less than ten thousand (10,000) square feet.

2.      Lot Frontage – Each lot hereafter established shall have a minimum frontage on a public or private street or way of sixty (60) feet.

B.     Minimum Building Envelope – Each lot hereafter established shall have a minimum building envelope of sixty (60) feet deep by forty (40) feet wide.

C.     Minimum Setback Requirements for All Lots and Uses (except as specifically provided below):

1.      Front – thirty (30) feet from the property line.

2.      Side – fifteen (15) feet from the property line.

3.      Rear – fifteen (15) feet from the property line.

4.      Additional setback requirements – Notwithstanding the foregoing, the following expanded setbacks shall apply to certain circumstances and locations in the RH District:

a. Where any building is erected or altered to exceed thirty-five (35) feet in height, the required thirty (30) foot front setback shall be increased one (1) foot for every foot of building height over thirty-five (35) feet, excluding roof structures and architectural features permitted above the height limit by Section 28 – 1003.

b. Where any building is erected or altered to exceed thirty-five (35) feet in height, the required fifteen (15) foot rear and side setbacks shall be increased one (1) foot for every foot of building height over thirty-five (35) feet, excluding roof structures and architectural features permitted above the height limit by Section 28 – 1003.

c. From property zoned other than RH and from Route 50:

i.   All principal structures shall be setback at least one-hundred fifty (150) feet; and

ii.  All parking areas and accessory structures shall be setback at least one-hundred (100) feet.

d. From public roads and highways (excluding Route 50) existing on the date of establishment of the RH District or their reconfigured alignment, if applicable (collectively, the “Existing Public Roads”):

i.   All principal structures shall be setback at least seventy five (75) feet from Existing Public Roads; and

ii.  All parking areas and accessory structures shall be setback at least twenty-five (25) feet from Existing Public Roads.

5.      The setbacks established under (1) through (4) above shall not apply to storm water management or treatment facilities, swales, inlets, pipes and other conveyances, which shall be subject to a minimum setback of five (5) feet from any street line or property line. Notwithstanding the foregoing, storm water ponds and basins shall be subject to a minimum setback of twenty-five (25) feet from any street line or property line, except County roads, which shall have a fifty (50) foot setback.  Except as specifically required by subsection 4(d), no part of any parking and maneuvering space shall be closer than ten (10) feet to any street line or property line.

6.      Adjustment of setbacks for hospital and medical services and covered walkways:

a. The setbacks required under (1) through (4) above shall not apply between a hospital and (i) any building(s) housing Medical Services or (ii) any parking garage structure that are constructed on separate lots of record and may connect, abut or be located closer than permitted by such setbacks.

b. The setbacks required under (1) through (4) above shall not apply to covered walkways connecting buildings located on separate lots of record.

D.    The provisions of Sections 28 – 1005 and 28 – 1006 shall also apply to the RH District.

E.     Height limitations:

1.      A hospital building shall have a maximum of six (6) occupied stories and shall be limited to one hundred ten (110) feet in height.   The height of a hospital building shall be measured as the average vertical distance between finished ground level at each corner of the front façade and the highest point of the structure excluding a rooftop helipad and related stairway/elevator tower and other roof structures and architectural features permitted above the height limit by Section 28 – 1003.

2.      All other structures and facilities shall be limited to sixty (60) feet in height, excluding roof structures and architectural features permitted above the height limit by Section 28 – 1003.  Such heights shall be measured in accordance with the generally applicable definitions and provisions of the Zoning Code.

3.      The maximum height of each building in the RH District shall be subject to Federal Aviation Administration restrictions and regulations.

F.      Lot Coverage – Subject to the following exception, not more than 40% of the area of each lot shall be covered by buildings and structures (excluding surface parking). The Lot Coverage on any single lot within a RH District may exceed 40% of such lot provided such excess of Lot Coverage on such lot does not cause the total Lot Coverage on all lots within such RH District to exceed 40% of the area of the lots comprising the District.  Any application for site plan approval shall determine and specify the cumulative area of Lot Coverage existing and/or approved within such RH District.  The Board of Appeals may not modify the cumulative Lot Coverage limitation for any RH District by variance.

G.    Open Space – Subject to the following exception, at least 15% of the area of each lot shall be Open Space. The Open Space area on any single lot within a RH District may be less than 15% of such lot, provided such reduction of Open Space on such lot does not cause the total Open Space for all lots within such RH District to fall below 15% of the area of the lots comprising the District.  Any application for site plan approval shall determine and specify the cumulative area of Open Space existing, approved and remaining within such RH District.  The Board of Appeals may not modify the cumulative Open Space requirement for any RH District by variance.

H.    Intensity Limitation – Subject to the following exception, the Floor Area Ratio for all lots in each RH District shall not exceed 0.25.   The Floor Area Ratio for any single lot within a RH District may be greater than 0.25, provided such excess floor area on such lot does not cause the total Floor Area Ratio for all lots within such RH District to exceed 0.25 of the total area comprising the District.   Any application for site plan approval shall determine and specify the cumulative Gross Floor Area and Floor Area Ratio existing and/or approved within such RH District.  The Board of Appeals may not modify the cumulative Floor Area Ratio limitation for any RH District by variance.

I.        On-Site Lighting – All on-site lighting, unless approved by the Planning and Zoning Commission, shall be low cut-off luminaries at 18’ height and light shall not shine off-site at levels greater than 1-foot candle.  In areas where necessary, and specifically for the helipad, helipad walkway, and emergency room receiving area, lighting in excess of 4-foot candle power, as required by state and federal regulations, shall be permitted.

J.       Off-Street Parking and Loading – Off-street parking and loading shall be provided for all uses in accordance with the standards of Section 28-1001, subject to the following:

1.      Off-street parking and loading spaces shall be provided in accordance with the generally applicable standards and procedures of the Zoning Code regarding parking except as specifically modified by the Planning and Zoning Commission pursuant to Section 28 – 1001.3 (C).

2.      Joint Use off-site parking shall be permitted in the RH District in accordance with Section 28 – 1001.4 of the Ordinance.  During site plan review and approval, the Planning and Zoning Commission may approve off-site and/or shared parking arrangements for uses located adjacent to the RH District and zoned Governmental/Institutional.

K.    Signage – Signage within an RH District shall be developed in accordance with a General Signage Plan approved and/or modified by the Planning and Zoning Commission for each RH District.  The size, location, height and number of signs constructed within a RH District shall comply with the General Signage Plan applicable at the time of construction of such signs.  In light of the master-planned, campus style development permitted by a RH District and the importance of providing for efficient direction and movement of patients and visitors throughout the campus, the General Signage Plan shall provide for the planning, design, and implementation of signs that are coordinated and compatible throughout a RH District. The General Signage Plan shall comply with Section 28 – 1101 of the Zoning Code except as such provisions are modified by the Planning and Zoning Commission through approval of such General Signage Plan.  The Planning and Zoning Commission may permit deviations from Section 28 – 1101 with respect to the number, type and/or size of signs, including up to the following:

1.      One freestanding sign at each State road frontage, the area of which may not exceed 250 square feet and the height of which may not exceed 15’;

2.      Identification signs for the name of the regional medical campus on not more than three facades of a hospital, so long as the area of the signs does not exceed 12% of the area of each façade and the area of each sign does not exceed 400 square feet; and

3.      Identification signs for the name(s) of a business or office complex or tenant(s) on not more than two facades of a structure two or more stories in height, so long as the area of each of the signs does not exceed the lesser of 10% of the façade or 300 square feet.

28 – 311.3 PERMITTED USES

A building may be erected, altered or used, and a lot may be occupied or used, in whole or in part, for any of the following uses, provided that such uses shall comply with the RH District Development Standards, and all other applicable provisions of the Zoning Code.

A.    Agricultural Uses

1.      Agricultural cultivation;

2.      Horticultural and/or floricultural production and/or wholesale operations;

3.      Maintenance of land that is fallow, conservation reserved, or set aside due to Soil Conservation service best management practices, crop rotation or federal, state or local government programs, subject to all other applicable Town rules and regulations regarding weed control, meadows and property maintenance;

4.      Orchards;

5.      Silviculture, including Christmas tree farms;

6.      Sod production; and

7.      Viticulture and vineyards.

B.     Commercial Uses

1.      Alternative medical practices, such as acupuncture or massage or aquatic therapy;

2.      Ambulance services;

3.      Day Care facilities (Adult, Family, Small Group and/or Group);

4.      Drug and/or alcohol treatment and counseling services;

5.      Health or Medical Clinics;

6.      Health agencies and hospice or home healthcare services;

7.      Healthcare research uses or facilities;

8.      Healthcare uniform sales and rentals;

9.      Helipads (only for use by helicopters involved in emergency rescue operations or transporting critical patients, personnel or supplies);

10.  Hospital, medical, surgical and dental supply businesses (wholesale and retail);

11.  Medical Cannabis Dispensary;

12.   Medical laboratories

13.  Medical services; 

14.  Offices for:

a. Healthcare related business or professionals;

b.Insurance or health maintenance organizations, and

c. Administrative offices for any use permitted in the RH District;

15.  Production and sales of prosthetics and/or durable medical equipment;

16.  Rehabilitation services, including exercise facilities;

17.  Special Medical Treatment Facilities;

18.  Tissue banks; and 

19.  Other uses, as approved by special exception by the Board of Appeals, not specifically permitted by Section 28 – 313.4, that facilitate, support and/or are directly related to the provision of medical or healthcare services, provided that such uses shall be similar to uses permitted by right in this District (other than Helipads and Hospitals) in general character and, more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation.

C.     Institutional uses

1.      Educational institutions or classrooms (including university, college, vocational and trade schools) for healthcare related instruction and/or research;

2.      Hospitals; and

3.      Nursing homes.

D.    Residential uses

1.      Assisted Living facilities;

2.      Domiciliary Care facilities;

3.      Healthcare staff housing;

4.      Healthcare student dormitories;

5.      Overnight Care facilities; and

6.      Patient hostels.

E.        Industrial uses

1.      Warehousing directly and primarily related to one or more permitted uses.

F.      Miscellaneous uses

1.      Energy centers (including boilers, chillers, emergency generators, co-generators, solar generation, etc.);

2.      Parking (surface and/or structured, including commercial garages and shared parking for multiple uses located within and/or adjacent to the RH District);

3.      Private utility, infrastructure and maintenance facilities;

4.      Public utility uses and structures;

5.      Covered walkways (at grade or elevated) connecting buildings containing permitted uses; and

6.      Accessory Uses and Structures that are clearly incidental to and customarily found in connection with a permitted use or structure.

28 – 311.4 ANCILLARY USES

The following uses are also permitted to provide services or support for patients, employees, visitors and other users of permitted uses.  These are intended as ancillary uses and shall be planned, sized, and designed primarily to serve the needs of patients, employees, visitors and other users of facilities located within the RH District. 

These uses shall be located within structures containing one or more of the permitted uses listed in Section 28 – 313.4 and shall not have signage designed to attract patrons from outside the RH District

1.      Automatic teller machines;

2.     Barber shops and beauty salons;

3.      Bookstores;

4.      Confectionary stores;

5.      Convenience stores;

6.      Financial institutions;

7.      Florist shops;

8.      Gift shops;

9.      Houses of Worship;

10.  Libraries;

11.  Newspaper/magazine shops;

12.  Pharmacies and drug stores;

13.  Restaurants and cafeterias; and

14.  Other accessory and ancillary uses and structures.

28 – 311.5 TEMPORARY USES

The following temporary uses are also permitted within the RH District:

1.      Mobile medical facilities

2.      The following temporary uses permitted by the Town Planner in accordance with Section 28 – 1306 for a duration not to exceed 15 days:

a.       Tents and special events; and

b.      Public events; and

3.      Additional temporary uses permitted by the Planning and Zoning Commission in accordance with Section 28 – 1306.

28 – 311.6 PROHIBITIED USES

Shopping centers and all other uses not permitted by Sections 28 – 311.3, 28 – 311.4, or 28 – 311.5 are prohibited in the RH District.

28 – 311.7 ADDITIONAL REQUIREMENTS; PROCESSES

A.    All uses within the RH District shall comply with applicable rules and regulations of the Maryland Department of Health.

B.     All projects shall be designed to ensure safety in the area surrounding each structure or facility, which may include road improvements and additional traffic control devices (e.g., signal lights, signs, pavement marking, etc.).

C.     For any lot in the RH District that receives site plan approval for development, all areas of such lot shall be landscaped and maintained in accordance with Section 28 – 1014.    All other areas of the RH District may remain in a natural condition subject to all other applicable Town rules and regulations regarding weed control, meadows and property maintenance.

D.    Subdivisions and/or site plans for projects within the RH District shall comply with the Town’s subdivision regulations and/or the site plan review and approval procedures and requirements of Article III.

E.     Development within any RH District should be guided by the following design principles, which will be considered by the Town Planning and Zoning Commission during site plan review:

1.      The colors, designs and materials used throughout any RH District should be complementary to establish and maintain a visually-coordinated campus appearance with a recognizable image as a distinct place while maintaining a design that is appropriate to the context of Easton. Intriguing design character should be encouraged through the creative use of materials and design details. Building elements should create focal points and establish hierarchy.  Rooftop mechanical equipment should be screened or located so it is not visible. Design elements of large buildings should be varied and articulated to visually and dimensionally interrupt the bulk of the buildings.  Color schemes should tie building elements together, relate separate buildings within an RH District to each other, and should be used to enhance the architectural form of a building

2.      Accessory structures, service areas and mechanical equipment should be designed as integral components of the site.

3.      Pedestrian access should be provided and incorporated into the site and building design.  Landscaped, tree-lined walkways should be used as connections between buildings, buildings to streets or buildings to parking areas.  Site design should incorporate recessed sitting areas into the walk or pathway system.

4.      Landscaping should create and define street image, entranceways, screen storage and loading areas, provide buffers adjacent to residential uses, shade parking lots and integrate the building design with the site design. 

5.      Where appropriate, open space amenities should be included as part of the overall site plan by providing small areas for active or passive use by employees such as picnic tables, benches and other areas for sitting, eating or meeting.  Spaces between a hospital and adjacent buildings constructed with reduced setbacks should include a courtyard or other pedestrian-oriented site feature.

6.      Circulation and parking should reinforce safe and efficient pedestrian and vehicular movement.  The main entrances should serve as the dominant ingress and egress points for the District. Curb cuts should be consolidated to the extent practicable.

7.      Signage should serve as a focal point for information to identify the location and nature of uses within an RH District.  Signage design should improve the visual continuity of the area; it should not serve as a distraction.  The design and materials of a sign should complement and be similar to those used for the buildings.

8.      A bus shelter (or shelters) shall be provided to afford bus riders the opportunity to wait for their bus in a structure that protects them from inclement weather.  The location of such shelter(s) shall be shown on the site plan at the sketch plan level.

Lighting fixtures should be designed to provide continuity with an RH District.   Lighting levels should be appropriate for the use proposed.  The illumination of buildings and site features (parking lots, walkways, entrances, etc.) should not exceed the needed level and should be appropriately sized for its purpose.

28-312 MIXED-USE WATERFRONT DISTRICT (MXW)

28-312.1 PURPOSE

(A) The purpose of this district is to advance the vision of the Town of Easton for Easton Point as expressed in the Town’s Comprehensive Plan, as amended, which includes the Port Street Small Area Plan (collectively, the “Plan”).  In accordance with the spirit and intent of that Plan, Easton Point is envisioned as an area appropriate for infill development and redevelopment of a mixed-use nature, with a wide variety of uses possible, including residential, commercial, institutional and open space.  The intent IS NOT to require an exact duplicate of the uses as depicted on the Plan, but rather to encourage such development or redevelopment that is consistent with the Plan from a use and character perspective.

(B)  Permitted uses will enable the creation of a neighborhood/destination that caters to new residents, provides sources of employment, serves as a tourist destination, and provides public open spaces and Waterfront access.  Particular attention shall be given to impacts on the Tred Avon River, the headwaters of which this zoning district borders.

(C)  In recognition that different parts of the Zoning District have different design and development goals and objectives, four Zoning Sub-Districts are established for the purpose of differentiating various development standards applicable in these areas.  If a parcel of land is divided by a sub district boundary line at the time of enactment of this code or by subsequent amendments thereto, the appropriate standards and uses for each sub district shall apply on the portion of the parcel covered by that sub district. Notwithstanding the above, where a parcel is divided between the Water View and Inland sub districts, the Planning and Zoning Commission may consider the entire parcel to be within the Inland sub-district.  The sub-districts are depicted on Map 28-312.1[1] and their purposes are as follows:

a.       Water’s Edge Sub-District – This sub-district is applied to the land located adjacent to and within 100’ (or more in certain circumstances) of the edge of the Tred Avon River.  The purpose of the regulations applying to this sub-district is to:

1.      Encourage and sustain the development of water-dependent and water-related land uses and those supporting commercial uses which are designed in such a way as to enliven the district;

2.      Preserve the open and relaxed pattern of building in which the placement of buildings affords views throughout the waterfront area as opposed to the more formal pattern of building evident in urban or town centers;

3.      Ensure the preservation of the broad view sheds out over the water especially from Port Street at the approach to the waterfront 

4.      Create a destination where the public has space to gather for recreation, special events, and to readily walk through common areas to and between commercial activities, including along a waterfront public boardwalk;

5.      Generally prohibit residential development, with the only exception being as second story use in a mixed-use building; and 

6.      Promote the emergence of naturalized open spaces and systems for the management of storm and flood waters.

b.      Water View Sub-District – This sub-district is applied to land adjacent to the Water’s Edge Sub-District and extending landward to encompass lands within 500’ of the Tred Avon River.  The purpose of the regulations applicable to this sub-district is to:

1.      Serve as a visual transition area between the lower density Water’s Edge and the higher density Inland and Port Street Sub-Districts;

2.      Encourage the development of intermediate density mixed-uses to include residential development and certain non-residential uses that are compatible with and supportive of residential development; and

3.      Promote a unified open space and green landscape pattern that affords ready public access to trails, the shoreline, sidewalks, and green open spaces.

c.       Inland Sub-District – This sub-district is applied to land located greater than 500’ from the edge of the Tred Avon River.  The purpose of this sub-district is to:

1.      Encourage the development of high-density residential, mixed uses, and non-residential uses that are compatible with and supportive of residential development; and

2.      Provide developers with the maximum flexibility available in the MXW to encourage suitable infill, redevelopment and new development projects.

d.      Port Street Corridor Sub-District – This sub-district is applied to lands within 180’ parallel to and on either side of Port Street.  The purpose of this sub-district is to:

1.      Create an urban-scale streetscape;

2.      Promote an urban design that will ultimately serve to visually connect or link the waterfront to Easton’s Downtown; and

3.      Allow for mixed uses with an emphasis on multi-family, live-work units and small commercial uses.

[1] Map 28-312.1 depicts the entirety of Easton Point, however it should be noted that some parcels are not within the Town of Easton’s jurisdiction at the time of enactment of this Ordinance.  While it is envisioned that should they eventually Annex into the Town they would be zoned in accordance with this Map, they cannot be until such time as that action occurs.  Additionally, some parcels that are already under the Town’s jurisdiction and improved, may not ultimately be zoned MXW.

28-312.2 DEVELOPMENT STANDARDS

  1. Development shall require site plan approval by the Easton Planning and Zoning Commission in accordance with the standards of Section 28-301 of the Town Code (notwithstanding the threshold staff-Planning and Zoning Commission division as all site plans in the MXW Zoning District are subject to Planning and Zoning Commission review).  In addition to the standards required in 28-301, the Planning and Zoning Commission shall consider the following in their review of site plans:
  1. Whether or not the proposed project is consistent with the Plan, and to the extent that it varies from said Plan, whether or not the proposed project is consistent with the vision, spirit and intent expressed in that document.  Projects deemed to be inconsistent with the Plan shall be denied unless and until said Plan is amended in such a way as to make the proposed project consistent with the Plan.  Consistency shall refer to  both the proposed use, as well as architectural or design considerations.
  2. Whether or not the proposed use is likely to generate potentially adverse impacts to neighboring or nearby properties in the form of undue noise, smoke, odors, traffic, inadequate or excessive drainage, etc., and if finding that such potential exists, whether or not such impacts are determined to be sufficiently ameliorated as part of the proposed project.

28-312.2.1 Permitted Uses

  1. Uses permitted in this Zoning District shall be permitted in the various sub-districts in accordance with the following table (Note in the following table, P indicates a use that is permitted outright, SE indicates a use that may be permitted via Special Exception, A indicates a use that is permitted if accessory to another permitted use, and – indicates a use that is prohibited):


          TABLE 312 A                 
            MXW Sub-Districts              NOTES
     Water's Edge Water View Inland Port Street      
Residential Uses                         
Bed & Breakfast * -- P -- P        
Middle Housing Types                          
   Duplex, side-by-side* -- P P P      
   Duplex, stacked*  -- P P P    
   Cottage Court* -- P P P      
   Fourplex, stacked* -- P P P     
   Townhouse* -- P P P       
   Triplex, stacked* -- P P P     
   Mansion Apartment* -- P P P      
   Courtyard Building* -- P P P     
   Live-Work Units* -- P P P     
   Home Occupation* -- P P P      
Single Family Detached*                                          -- P P -- Max. house size of 2,500 sq. ft & max lot size of 7,200 sw. ft. (Max lot size may be averaged for projects of 10 or more lots
   Day Care (Family)* -- SE SE --      
   Home Occupation* -- A A --         
   Swimming Pools -- A A --      
Commercial Uses                              
Antique Shops -- P -- P      
Artisan Shop and Gallery (Art, Blacksmithing, Boat Building, Glass Blowing, Sail Making, Woodworking) P P -- P     
Beverage Manufacturing (Brew Pub, Micro-Brewery, Winery or Distillery)* P P -- P      
Candy, Nut, or Confections Store P P -- P       
Coffee Shop, Ice Cream Parlor, P P -- P     
Commercial Parking (Lot or Garage) -- SE SE SE              
Healthy Lifestyle Center -- P P P                     A Facility which provides medically supervised services intended to promote overall well-being, addressing such areas as exercise, nutrition, stress management, etc., to produce individually-tailored health improvement and exercise plans.