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

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.

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.

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.

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.

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.

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.

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 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.

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

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:

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.
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

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 312A
		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.
Hotels	--	P	P	--
Conference Centers	--	A	A	--
Gift- Retail Shop	--	A	A	--
Fitness Centers/ Health Spa/ Figure Salon	--	A	A	--
Live-Work Unit	A	A	A	A	A single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.
Marina	P	P	--	--
Boat Repair Facility	A	A	--	--
Boat Storage Facility (Out of Water)	SE	SE	--	--	Limited to 35'-0" in height
Piers	A	--	--	--
Recreational Boating	A	--	--	--
Water-Oriented Activities (Water Taxis, Charter Boats, Canoe-Kayak Launches)	A	--	--	--
Market's (Farmer, Meat or Seafood)	P	P	--	P
Museums	P	P	P	P
Newspaper/ Magazine Shop	--	P	P	P
Offices	A	P	SE	P
Personal Services (e.g., Beauty, Barber, Seamstress, Tailoring, Shoe Repair and Florist), provided such services are of neighborhood scale.	--	P	--	P
Restaurant, Carry-out or Sit-Down	P	P	--	P
Retail Shop Small < 2,500 Sq. Ft.	A	P	--	P
Retail Shop Small < 5,000 Sq. Ft.	--	P	--	P
Institutional Uses
Community/ Civic Center	--	P	P	P
Fire, Rescue, or Police Station	SE	SE	SE	SE
Houses of Worship	--	SE	SE	SE
Retirement Community	--	P	P	P
Recreational - Entertainment Uses
Indoor Recreation Facility (Music and Dance Studios, Gymnasiums)*	--	P	P	P
Outdoor Recreation Areas*	P	P	--	--
Piers	A	--	--	--
Water-Oriented Activities (Water Taxis, Charter Boats Canoe-Kayak Launches)	A	--	--	--
Parks and Recreation Areas	P	P	P	P
Miscellaneous Uses
Buildings or Structures in excess of 25,000 square feet	SE	SE	SE	SE
Swimming Pools (Commercial or Public)	--	SE	SE	SE
Utilities Infrastructure	P	P	P	P

Key:

P – denotes a use that is permitted outright within the sub-district

SE – denotes a use which is possible with a Special Exception within the sub-district

A – denotes a use that is permitted as Accessory to another permitted use in the sub-district

-- - denotes a use that is prohibited within the sub-district

An * following the use indicates that the listed use is also subject to supplemental standards, which can be found in Section 28-1008 of this Code

28-312.2.2 Prohibited Uses

(A) Uses not listed above are prohibited throughout this Zoning District.

(B) Planned Unit Developments (PUDs) and Planned Healthcare (HC) applications are not permitted and shall not be considered for properties in this Zoning District.

Retail equal to or in excess of 5,000 square feet of gross floor area per building. Such limitation shall apply to other types of retail, rather specifically listed in Table 414 A or not.

28-312.2.3 Accessory Uses

(A) Uses indicated as permitted Accessory Uses (A) in Table 312 A above, shall be permitted in the sub-districts so indicated, provided they are clearly associated with a permitted principle use.

(B) Notwithstanding Table 312 A above, other accessory uses may be approved by the Planning and Zoning Commission during the site plan review process provided any such uses are clearly incidental to the permitted principle use and are uses generally associated with such use(s).

(C) Piers and Floating docks may be permitted as accessory uses but shall require a special exception approval by the Easton Board of Zoning Appeals. No such application shall be approved unless and until all other necessary Federal, State, or Local permits are obtained and copies of such provided to the Town Planner.

28-312.3 SITE PLANNING STANDARDS

(A) The following minimum site planning standards shall be observed:

28-314.3.1 Lot Standards

(A)Sub District Development Standards – The following development standards may vary by sub district as indicated in Table 312 B below, subject to the provisions of Section 28-312.3.2 of this Code. All other development standards specified shall apply throughout the MXW District. Those standards listed under columns labelled “Base” represent by-right entitlements. Any and all development in excess of the Base Standards, up to the limits under the columns labelled “Max” shall only be permitted in accordance with the Bonus Provisions per Section 28.312.3.2 below.

Table 312 B

Development Standard				SUBDISTRICT
	Water's Edge		Water View		Inland		Port Street
	Base	Max	Base	Max	Base	Max	Base	Max
Minimum Lot Size*	1/2 acre (21,780 sq. ft)	1/2 acre (21,780 sq. ft)	1/4 acre (10,890 sq. ft)	1/4 acre (10,890 sq. ft)	5,000 square feet	5,000 square feet	5,000 square feet	5,000 square feet
Max Dwelling Units per acre	N/A	N/A	12 du/ac	20 du/ac	12 du/ac	30 du/ac	12 du/ac	30 du/ac
Max Height**	30'	30'	40'	50'	50'	65'	40'	50'
Maximum Stories **	1.5	2.0	2.5	4.0	3.0	5.0	3.0 (2.5 Min.)	4.0
Max. Lot Coverage	20%	30%	30%	45%	40%	75%	50%	80%
Water's Edge Setback***	25' min	25' min	N/A	N/A	N/A	N/A	N/A	N/A
Front Setback****	5'Min. 15' Max.	5'Min. 15' Max.	5'Min. 15' Max.	5'Min. 15' Max.	5'Min. 15' Max.	5'Min. 15' Max.	West of Easton Parkway: The minimum setback from Port Street shall be 29 feet from the centerline of Port on the northern side of the street and 41 feet from the centerline on the southern side. The maximum setback shall be 39 feet from the centerline of Port on the northern side and 51 feet from the centerline on the southern side.*****	East of Easton Parkway: The minimum setback from Port Street shall be 29 feet from the centerline of Port and the maximum setback shall be 39 feet from the centerline of Port.*****
Minimum Side Setback	5'	5'	N/A	N/A	N/A	N/A	N/A	N/A

* For subdivisions of 10 or more lots, the minimum lot size may be replaced by an average lot size of the specified dimension.

** Height and stories in the Zoning District shall be measured from Base elevation.

*** The Water’s Edge setbacks are measured from the line of mean high tide, and are subject to Critical Area Regulations per 28-401.

**** Measured from the property line.

***** For parcels that are (or will become) subject to an easement for the Easton Rail Trail, the maximum front setback from Port Street shall be 10’ from the southern edge of the easement

(B) Minimum lot dimensions - All lots hereafter established shall have a depth of at least sixty (60) feet.

(C) Lot frontage - All lots hereafter established shall have a minimum frontage on a public street or way of at least 24 feet.

(D) Maximum density - for any residential uses shall be as follows:

a. If residential use is part of a vertically-mixed use project (i.e., non-residential uses are present on the ground floor with residential units on non-ground floors), there shall be no limit on the residential density.

b. For all other development scenarios, the maximum permitted density shall be as indicated in Table 312 B above.

(E) Base Elevation – The base elevation for structures in the Zoning District shall be a minimum of the base flood elevation plus 24 inches. The base flood elevation (BFE) must be determined for each project by a Civil Engineer, based on current Maryland DFIRM maps and the Town of Easton’s Floodplain Management Code.

(F) The front yard required for a dwelling in any zone which permits residences may [i]be reduced in the case of a dwelling to be located between two (2) existing dwellings which lack the required front yard and which are less than one hundred (100) feet apart. In such a case the front yard depth shall be not less than that of the deeper adjoining lot.

(G) On corner lots, all sides of the lot which face a street must comply with the applicable front setback.

28-312.3.2 Bonus Provisions

(A) In order to effectively provide for the provision of public amenities identified in the Port Street Small Area Plan, which amenities are viewed as crucial to the character envisioned for this district by that Plan, the Town of Easton establishes the following Bonus Provisions. Developers may utilize these provisions to exceed some of the development standards as specified in, and subject to the limits of, Table 312 B above.

(B) An applicant may exceed the limits specified as “Base” in Table 312 B, up to the limits specified as “Max,” upon the payment of a fee in the amount of $9.50 per square foot of the area in excess of the base square footage as modified in Section 28-312.3.3 below.

(C) The Town, at its sole discretion, may accept land dedicated for the purpose of establishing or providing for such public amenities. If accepted, the fair market value of the land dedicated may be considered as a credit towards the fee resulting from Section 28-312.3.2 (B) above.

(D) Any development which utilizes these bonus provisions shall execute an Agreement prepared to Town Standards and formally accepted by the Town prior to execution. This agreement will, at a minimum, include details concerning:

Total Payment to be made and the timing of such payment(s).
A description of land to be dedicated, if any, and it’s fair market value.
Summary of all development bonuses to be utilized.
If applicable, phasing of the development and whether the payment of the fee is associated with these phases, and if so how.

28-312.3.3 Development Incentives

(A) The development of Easton Point in a manner consistent with the mixed-use concept expressed in the Port Street Small Area Plan and Town of Easton Comprehensive Plan is a major priority of the Town of Easton. To that end, the following measures are offered to further incentivize the Plan’s Implementation:

a. To encourage early economic activity and implementation of the Port Street Small Area Plan and act as a catalyst for development, the bonus fee described in Section 28-312.3.2 above shall be adjusted per the following schedule: Definitions:

	Residential Only		Commercial or Mixed Use*
Time Period**	%	Cost per Square Foot**	%	Cost per Square Foot***
Until 12/31/2021	50	$4.75	40	$3.80
From 1/1/2022 to 6/30/2023	75	$7.13	60	$5.70
Thereafter	100	$9.50	80	$7.60

*Mixed Use requires commercial Use or a minimum ratio of square footage of Commercial to Residential of 1:4

** Time period shall refer to the execution of the Agreement referenced in Subsection 28-314.3.2 (D) above

*** Cost per square foot rounded up

28-312.3.4 Vehicular and Pedestrian Connectivity Standards

(A) Lots shall be interconnected to all adjoining lots by providing the means to extend – connect on-site; sidewalks, pedestrian paths, service – access roads.

(B) Alleys shall be provided or dedicated for vehicle passageway within a block and access to garages, accessory buildings, and trash areas along the rear edges of lots. Each alley shall include at least two points of ingress/egress into the block, with a paved or gravel surface ranging between 16 to 20 feet in width. The Planning and Zoning Commission shall have the authority to waive this requirement when it is determined that the provision or dedication of an alley is not practicable for the proposed project.

28-312.3.5 Off-Street Parking Standards

(A) Off-street parking shall be required for uses within the Zoning District, in accordance with the provisions of 28-1001 of the Town Code. Furthermore, given the proximity to the headwaters of the Tred Avon River, all pavement used for parking areas shall be pervious. Alternately such parking areas shall be designed so as to achieve equivalent sediment runoff reduction as would be achieved with the use of pervious pavement, as determined by the Town Engineer. Any pervious pavement shall comply with maintenance and inspection requirements of the Town.

(B) Shared off-street parking amongst multiple users, is encouraged in the Zoning District. To that end, any portion of off-street parking requirements may be satisfied off-site on land within 500 feet of the subject property. In such cases, evidence of the right to utilize such off-off-street parking spaces shall be provided at the time of site plan review.

(C) Parking for Residences, Employee and Business vehicles shall be designated and shall be located in a manner to not compete with patron and visitor parking.

(D) Off-street parking may not be located between the water’s edge and the waterfront façade of any principal building, nor between the front property line and the front building façade, nor in any side yard. If the Planning and Zoning Commission determines that there are no practicable alternatives, in the Water’s Edge sub-district, parking in side yards may be permitted.

(E) Setbacks for any portion of a parking lot or access drive shall be 3’ for residential uses and 10’ for non-residential uses, measured from the property line. Mixed-use projects shall adhere to the non-residential setback standard. The Planning and Zoning Commission may waive or modify these setback requirements when doing so may promote connectivity and the efficient utilization of space.

(F) The maximum setback requirements may be waived by the Planning and Zoning Commission for an area not to exceed 90% of the frontage in order to accommodate courtyards.

(G) Bicycle Parking spaces shall be required for all non-residential uses and structures. A minimum of one bicycle parking space shall be required for each 20 parking spaces.

a. Bicycle parking spaces may be provided or bicycle racks. Bicycle spaces shall be at least 2 feet 6 inches in width and 6 feet in length, with a minimum overhead vertical clearance of 7 feet. Racks and other fixtures used to provide for nonresidential uses must be securely affixed to the ground and allow for the bicycle to locked and chained.

b. Where bicycle spaces are required by 28-314.3.3 (G), the spaces may be indoors or outdoors and shall be located within 50 feet of the primary building entrance. Outdoor bicycle parking spaces shall not be located behind any wall or landscaping, or other visual obstruction lying between the principal building and the bicycle spaces. If required bicycle spaces are not visible from the street, signs must be posted indicating their location. Outdoor areas used for required bicycle parking shall have an improved hardened surface, and shall be drained and well lighted. Common areas located within offices and commercial facilities or located on balconies or within residential dwelling units shall not be counted toward required parking.

(H) In the Water’s Edge or Water View sub-districts, off-street parking may be provided beneath the ground floor of the structure. When such parking is provided, the area of such parking shall not be considered a story, and the structure above this parking area shall be entitled to the full number of stories specified for the sub-district. Building height shall still be measured from the BASE ELEVATION.

a. Under-structure parking shall be designed such that all front facades shall be enclosed and provide a façade(s) that is architecturally compatible with the overall building.

b. If located in a floodplain, the under-structure parking shall be screened from view through the use of berms and/or landscaping.

28-312.3.6 Site Loading and Unloading Area Standards

(A) All site loading and unloading areas shall be fully screened from view by architectural design feature or by permanent, decorative screens or natural plantings, a minimum of eight (8) feet in height.

28-312.3.7 Water Front Access Standards

(A) All lots fronting on the Tred Avon River shall dedicate a public access easement to the Town of Easton, over, under and across all strips of land adjacent to the water. Such required access easement shall be a minimum of 15’-0”[DR1] wide, or that increased width determined as acceptable and appropriate by the Planning and Zoning Commission. The purpose of requiring such access easements is to provide and maintain unrestricted public access along the entire water frontage of such lots.

28-312.3.8 Lighting Standards

(A) All on-site lighting shall be low cut-off shielded luminaries at a maximum 15’ height and light shall not shine off-site at levels greater than 1 foot candle. All on-site lighting shall be decorative lamps consistent with the design elements of the area.

28-312.3.9 Underground and Screening of Utilities

(A) All new, replacement and/or modified utility facilities shall be located underground where practical, excluding appurtenances such as pedestals, cabinets, control structures, etc. All utility meters and connections (except water and wastewater) shall be made at the side or rear of a building and properly screened to prevent visibility from public streets.

28-312.4 ARCHITECTURAL STANDARDS

(A) Building design and construction shall meet the minimum requirements of the International Code Council’s International Green Construction Code or be US Green Building Council (USGBC) LEED rated, Bronze standard, or a generally accepted equivalent standard, provided, however that formal LEED certification shall not be required.

28-312.4.1 Building Massing (Shape, Form and Size)

(A) For buildings with ground level commercial or mixed use, floor-to-ceiling height shall be a minimum of 14 feet at ground level and 10 feet for upper stories.

For buildings with ground level non-commercial use, floor-to-ceiling height shall be a minimum of 10 feet for the ground floor and 9 feet for upper stories.

(B) Massing and scale of larger buildings shall generally be broken down into smaller and varied volumes or wrapped linearly in a series of smaller pedestrian-scaled buildings with doors and windows.

a. The base shall include an entry way with transparent windows and a molding or reveal placed between the first and second stories or over the second story. The molding or reveal shall have a depth of at least two inches and a height of at least four inches.

b. The middle may include windows and/or balconies; and

c. The cap shall include the area from the top floor to the roof of the building and including a cornice, eave, parapet or overhang.

(D) Regulating lines and rhythms shall be included to create a pedestrian-scaled environment, including horizontal lines, transoms, cornices, eaves, recesses, courts and arcades that provide human scale to façades.

(E) A clear pattern of building openings shall be provided. Windows, balconies, and bays should unify a building’s street wall and add considerably to a façade’s three-dimensional quality.

(F) Major architectural expressions in the façade such as; corner massing, oversized windows-entrances, towers, chimneys, roof form and dormers, shall be employed to demarcate gateways, intersections and anchor key locations.

(G) Window sills, moldings, and cornices shall align with those of adjacent buildings. The bottom and top line defining the edge of the windows (the “windowsill alignment”) shall vary not more than two feet from the alignment of surrounding buildings. If the adjoining buildings have windowsill alignments that vary by more than two feet from one another, the proposed building shall align with one of the adjoining buildings.

28-312.4.2 Ground-Floor Design

(A) All buildings in the Zoning District shall have their principal entrance opening to a street, square, plaza, or sidewalk. The principal entrance shall not open to a parking lot. Pedestrian access from the public sidewalk, street right-of-way, or driveway to the principal structure shall be provided through an improved surface. Easements shall be provided to facilitate pedestrian access between parking lots and street frontages.

(B) The ground floor of the entryway shall align with the sidewalk elevation. Sunken terraces or stairways to a basement shall not constitute entryways for purposes of this section. It is not the intent of this section to preclude the use of below-grade entryways, provided that such entryways shall not constitute a principal entryway.

28-312.4.3 Façade Design

(A) Any façade which is oriented to the water’s edge or Boardwalk/promenade, shall be treated as a front façade

(B) Building design shall be done in a manner to not have an apparent rear façade. Façades facing a rear property line shall be designed to be a secondary front and or side façade.

(D) All building façades should be responsive to the context of the surrounding environment and neighboring buildings.

(E) Exterior materials shall consist of materials that are traditional, durable and environmentally sustainable. The following list of materials is intended to serve as examples for the desired design aesthetic. Additional materials may be proposed, subject to review and approval by the Planning and Zoning Commission:

a. Roofing

1. Sawn shingles or composition shingles; standing seam metal; slate; or cedar shakes

b. Soffits

1. Composition board with smooth finish, tongue-and-groove wood boards, or fiber-cement panels

c. Gutters and Downspouts

1. Half-round or ogee profile gutters with round or rectangular downspouts in copper, painted or pre-finished metal

d. Cladding

1. Smooth-finish wood or fiber cement lap siding, 6- to 8-inch exposure or random-width cut shingles

2. Sand-molded or smooth-finish brick in Common, English or Flemish Bond patterns

3. Civic uses may look to incorporate more contemporary materials, such as steel and/ or curtain-wall glazing

e. Windows

1. Painted wood or composite, or clad wood or vinyl; true divided light or sash with traditional exterior muntin profile (7/8 inch wide)

f. Doors

1. Wood, fiberglass, or steel with traditional stile-and-rail proportions and raised panel profiles, painted or stained

g. Shutters

1. Wood or composite, sized to match window sash and mounted with hardware to either be or appear to be operable

h. Columns

1. Architecturally-correct classical proportions and details in wood, fiberglass, or composite material

2. More informal square wooden box columns

i. Railings

1. Milled wood or composite top and bottom rails with square or turned balusters

2. Wrought iron or solid bar stock square metal picket

28-312.4.4 Windows and Entryways

(A) Windows above the ground floor shall have a ratio of height to width of at least 2:1.

(B)The uses on the ground floor shall be visible from and/or accessible to the street through the use of windows and doors on at least 50% of the length of the first floor street frontage. At least 60% or more than 90% of the total surface area of the front elevation shall be in public entrances and windows (including retail display windows). Where windows are used, they shall be clear, non-reflective glass.

(D) All street-level retail uses with sidewalk frontage shall be furnished with an individual entrance and direct access to the sidewalk in addition to any other access that may be provided.

(E) Doors shall be recessed into the face of the building to provide a sense of entry and to add variety to the streetscape. An entryway shall not be less than one square foot for each 1,000 square feet of floor area, and in all cases shall not be less than 15 square feet.

(F) Canopies, awnings, and similar appurtenances may be constructed at the entrance to any building and may encroach into any required front setback. Any such feature shall have a minimum depth of 5 feet, and shall have a minimum clearance height above the sidewalk of 8 feet and a maximum clearance height above the sidewalk of 13 feet 6 inches.

28-312.4.5 Porches

(A) Minimum porch depth is 6 feet.

(B) Minimum height from ground level to porch floor is 3 feet.

28-312.4.6 Color Selections

(A) The color palette for projects in the Zoning District shall generally be designated as follows:

a. Façade surface colors shall recall natural materials, and avoid bright, artificial or metallic colors.

b. Accent colors shall be muted blues, greens, yellows, browns, and shades of white, beige, and gray.

c. Masonry materials, such as brick should typically be left unpainted.

d. Façades should contain no more than three colors.

(B) The Planning and Zoning Commission shall have the authority to approve proposed architecture as compliant with the standards of this subsection, during their site plan review process. In so doing, the Planning and Zoning Commission shall focus their review on the more general architectural issues such as the appropriateness of the theme or style proposed, the general massing, shape, size, form and orientation of the buildings. The appropriateness of more detailed issues, such as materials and product specifications, shall be verified by Town staff (with the advice of a professional consulting architect, as needed).

28-312.4.7 Landscaping and Landscaping Features

(A) Landscaping shall be required for all development in accordance with the provisions of 28-1015 of the Town Code and shall utilize native vegetation.

(B) Projects proposed on property which abuts any property that is not zoned MXW, shall adhere to the Buffer Yard requirements specified for “property lines adjoining more or less intense zoning or land use” as detailed in Subsection 28-1014.7 E 5 of the Town Code.

28-312.4.8 Building Infrastructure

(A) Such as heating, ventilation, air conditioning, generators and other equipment - appliances, shall be fully screened from view by architectural design features.

28-312.4.9 Refuse, Solid Waste and Recycling Storage

(A) All building containment area(s) for the storage of refuse, solid waste and recycling, shall be fully screened from view and integrated into the architectural design.

28-312.4.10 Restaurant Seating

(A) Seating in restaurants shall be regulated as follows:

a. Indoor seating shall be limited to 1 seat per 15 square feet (net)

b. Outdoor seating shall be limited to 100% of Total Indoor Seating and must be specified on site plans submitted for approval so that such areas are appropriately considered for calculation of such things as number of required parking spaces, the kitchen size and the restroom fixture counts.

28-312.5 SIGNAGE STANDARDS

28-312.5.1 Premise Identification

(A) Address-suite numbers, shall be installed on building and dwelling walls in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background.

a. Address numbers shall be Arabic numerals or alphabet letters.

b. Numbers-letter shall be a minimum of 3 inches high with a minimum stroke width of 0.5 inch.

c. Rear entrance identification shall be provided on all non-residential structures.

28-312.5.2 Façade Signage

(A) Building Wall, Projecting and Suspended Signs shall have the following features

a. Signage area shall not exceed one (1) square foot of sign area for each lineal foot of building frontage of the front facade.

b. For a building facing more than one street, an additional one (1) square foot of sign area shall be permitted for every lineal foot of building frontage on the side street(s).

c. Numbers-Letter shall be a minimum of 6 inches high with a minimum stroke width of 1.25 inch.

d. Signs shall not project more than thirty inches (30”) from the building façade surface.

e. Shall have molded perimeter frames plus carved and or raised letters for a minimum of 50% of the numbers, letters and or symbols on the signage.

f. All lit on-site signs shall be illuminated indirectly by external fixtures with steady, stationary, shielded light sources directed solely onto the sign without causing glare. Light bulb, strips or tubes used for illuminating a sign shall not be visible from adjacent public rights-of-way or residential properties.

g. Signage shall consider the visibility and approach to the site from both the vehicular and pedestrian experience.

28-312.5.3 Site Signage

(A) Monument Sign shall be low freestanding signage, not exceeding fifty (50) square feet (per side) in area. The top shall not be more than five (5) feet in height. Signs shall be placed on a continuous base.

(B) One sidewalk sign shall be permitted for each tenant. Such sign shall be located in front of the business being advertised, must provide six (6) feet of unobstructed sidewalk, and shall be removed from the sidewalk daily at (or before) the close of business.

28-312.5.4 Prohibited Signage

(A) Signage, not listed above are prohibited.

(B) No alcohol sales licensee may display any advertisement or sign on the outside façade of the licensed premises upon which appears any brand name of an alcoholic beverage product.

28-312.6 OPERATING STANDARDS

(A) Storefront Windows for all commercial uses shall not be obstructed, contain signage and or lighting projecting toward the public way and shall allow natural light into the interior spaces. These storefront windows shall be used for display and or connection between the commercial use and the public way.

(B) All outdoor music conducted on private property shall end no later than 10:00 p.m.