Zoning Diagnostic Report Zoning Diagnostic Report
An evaluation of the current Zoning Ordinance in support of community objectives, and a list of recommended zoning amendments
VERSION AUGUST 31, 2023
Chapter 01 Introduction
Chapter 1: Introduction
WHAT IS A ZONING DIAGNOSTIC REPORT?
This report evaluates the zoning ordinance of Charles County, Maryland, in its ability to achieve the community’s objectives, and, where the ordinance is unlikely to produce such outcomes, the report recommends appropriate updates to the ordinance
WHY IS THIS ZONING DIAGNOSTIC REPORT IMPORTANT?
Zoning regulations impact many aspects of a community, including the natural environment, housing availability, the feel of a neighborhood, access to open space, health and walkability, entrepreneurial opportunities, and economic stability Therefore, an effective and efficient zoning ordinance is paramount to achieving a community’s desired outcomes
We believe in three general principles:
Principle 1� Zoning should regulate only what needs to be regulated in order to protect health, safety, and the general welfare�
Zoning regulations should place limits on the use of land only
when necessary to protect health, safety, and the general welfare Regulations that do not relate to such public interests may overstep the police power granted to local governments and may not be legally defensible
Principle 2� Zoning should respect both existing and desired development patterns�
Zoning regulations should relate to a community’s existing development patterns as well as its desired future scenario When zoning regulations are out of context with existing or desired development patterns, land owners may need to apply for numerous approvals and variances for common development projects, which increases the cost of investment and discourages improvements which may benefit the community� Furthermore, processing such approvals and variances can unduly burden government departments and boards
Principle 3� Zoning should be the implementation of a plan, not a barrier�
Zoning should be a tool to implement a community’s vision as expressed in its comprehensive
plan� In many instances, a community invests time, funds, and energy into the development of a comprehensive plan, but zoning regulations are overlooked or revised over time in a disjointed manner� This scenario leads to outdated, inconsistent, and disorganized zoning regulations that are cumbersome, intimidating, and costly for property owners and administrators, alike, and impede planning goals and economic development On the other hand, a comprehensive update to the development and zoning ordinance within the long-term planning process allows for clear, usable, defensible, and consistent regulations that operate efficiently to protect the public’s interests and encourage desired outcomes
HOW IS THIS ZONING DIAGNOSTIC REPORT DIFFERENT FROM THE COMPREHENSIVE PLAN?
A comprehensive plan is the output of a lenghty, long-range planning process involving community engagement, visioning, and goal setting� Some community goals produced in this process may be general in nature, such as “Maintain the community’s cultural heritage,” while others may be very specific, such as “Limit housing density to 1 dwelling unit per 20 acres�”
A comprehensive plan is adopted by a local legislative body, but its vision is just that: a high-level roadmap
to guide future decision-making�
A zoning ordinance, on the other hand, is codified and sets forth regulations that, if not followed, constitutes a violation of law
This report serves as a link between the long-range vision of the comprehensive plan and the onthe-ground regulations of the zoning ordinance�
This report was produced by a team of non-local, unbiased professionals Planners working on this report did not employ local public engagement but instead used the comprehensive plan and other planning documents, insights from meetings with County staff, professional expertise in the zoning field, experience working with peer communities, and familiarity with national best practices to evaluate the zoning ordinance and generate recommended updates
Identifying Community Objectives
02
Chapter 2: Identifying Community Objectives
A zoning diagnostic report evaluates the likelihood of a zoning ordinance in achieving the community’s objectives� But what, exactly, are Charles County’s objectives? To answer that question, this report explored the comprehensive plan (adopted 2016)� From this exploration, five key community objectives were identified and are summarized in the sections below
OBJECTIVE A: PROMOTE ENVIRONMENTAL RESILIENCE
Numerous policy and action goals within the comprehensive plan centered around the key objective of preserving the environment and its natural resources As evidence of the importance of this objective, the State enabling legislation
(2009) listed 12 visions for local comprehensive plans, with the first vision being “Quality of life and sustainability: a high quality of life is achieved through universal stewardship of the land, water, and air resulting in sustainable communities and protection of the environment” (Comprehensive Plan, 1-1)� Other visions complement this aim, calling for protection of land and water resources, healthy air and waterways, forests, and natural systems (Comprehensive Plan, 1-2 and 3-1)�
Chapter 5 of the comprehensive plan identifies many goals related to environmental quality and resilience� Some are highlighted below:
• Maintain a safe and healthy environment by protecting air,
A high quality of life is achieved through universal stewardship of the land, water, and air resulting in sustainable communities and protection of the environment� (Comprehensive Plan, 1-1)
water, and land resources, and preventing the degredation of those resources from pollutants (Goal 5 1)
Protect 50 percent of Charles County as open space (Goal 5 2)
• Protect the habitats of rare, threatened and endangered species to maintain their longterm survival and biodiversity (Goal 5 5)
Elsewhere, the importance of environmental resilience is emphasized, such as in the section on climate change (5-15 to 5-17) and energy conservation (Goal 6 1, 6-1)
OBJECTIVE B: MANAGE GROWTH APPROPRIATELY
Another critical community goal, focusing on Smart Growth policies, is the appropriate management of growth The State enabling legislation (2009) emphasized this objective in Vision #3: “Growth areas: growth is concentrated in existing population and business centers, growth areas adjacent to these centers, or strategically selected new centers” (Comprehensive Plan, 1-1)� It goes on in Vision #4 to suggest compact, walkable development located near transit to encourage efficient land use and preserve open space and, in Vision #5, to direct growth to areas with water resources and infrastructure to accommodate
expansion (Comprehensive Plan, 1-2)�
The comprehensive plan also identifies that, as the Washington region continues to grow (by 758,000 households between 2010 and 2040) and as Charles County is expected to capture 4% of that growth, 75% of the future residential growth in Charles County should be directed to areas within the sewer service area and to the Towns of Indian Head and La Plata (Comprehensive Plan Land Use Goal 3 2, 3-1) It adds that commercial and business areas should be concentrated primarily in the currently developed portions of the development district and within the towns and secondarily in village centers, not sprawling along highways (Comprehensive Plan Land Use Goal 3 7, 3-1) And it seeks to avoid development within areas vulnerable to natural hazards, especially areas subject to flooding, storm surge, and shore erosion (Policy 5 4 , 5-22)
The comprehensive plan identifies management of growth and minimization of sprawl as key goals when introducing the district types:
• Mixed Use Districts: “compact, well-designed, pedestrianfriendly environment” (3-9)
• Redevelopment District and Transit Corridor: “compact, welldesigned, mixed-use, pedestrianfriendly environment” (3-10)
• Villages: Do not “increase the growth capacity of the area except for limited peripheral and in-fill development” (3-11)
Rural Conservation District and Agricultural Conservation District: “All major stream valleys are restricted to a density of one unit per ten acres” (3-13, 3-14)
Finally, the comprehensive plan summarizes the intent on page 3-23: “The County Commissioners’ actions to curb sprawl, reduce the development district size and limit densities in sensitive natural resource lands is anticipated to result in a slower rate of growth than in previous decades, to approximately 1% or less - which is the intent of this plan ”
OBJECTIVE C: PROMOTE DIVERSE HOUSING OPTIONS
Housing diversity is a key community objective and is supported in several places
throughout the comprehensive plan� First, the State enabling legislation identifies housing diversity in Vision #4 where it calls for a diverse housing environment that “provides residential options for citizens of all ages and incomes” (Comprehensive Plan, 1-2)
In the Community Development chapter, the comprehensive plan adds more justification for this objective: “The dominant issue in the public input on housing for the Comprehensive Plan was affordability with many comments regarding the high cost of housing and the inability of many working individuals and families to obtain decent housing at an affordable cost ” It goes on to say that “market rate housing for low income does not meet demand” (10-25)� Policy 10 3 aims to provide a balanced housing stock with housing opportunities for all residents, and Policy 10 5 sets forth the goal of developing a variety of elderly care facilities, such as independent living
The dominant issue in the public input on housing for the Comprehensive Plan was affordability with many comments regarding the high cost of housing and the inability of many working individuals and families to obtain decent housing at an affordable cost� (Comprehensive Plan, 10-25)
facilities, assisted living facilities, and retirement communities (10-35)�
We must note, too, that the comprehensive plan was adopted in 2016, years in advance of the national housing crisis, and we expect that diverse housing options, accessible to all ages, family types, and incomes, are even more important now than at the time of drafting the comprehensive plan�
OBJECTIVE D: PROMOTE GREATER EMPLOYMENT OPTIONS
The comprehensive plan also encourages greater employment options for the residents of Charles County� The State enabling legislation supports this objective in Vision #8, seeking businesses that “promote employment opportunities for all income levels” (Comprehensive Plan, 1-2)� It sets forth the goal of accommodating at least 20,898 new jobs by 2040 (Comprehensive Plan, 3-1)
In Goal 6�6 (6-1), the comprehensive plan sets forth the aim of growing a “green economy with an increased number of jobs in the clean energy and energy efficiency sector,” and the airport site is called out specifically as a location of future employment growth (Comprehensive Plan, 3-30)
Chapter 7 “Economic Growth” highlights that many residents of Charles County commute out of the county for work and notes that
“the imbalance between Charles County’s residential growth and the local employment base will continue unless an effective public intervention and a concerted effort focused on business development are brought to bear�” In Goal 8 8 (8-1), it seeks to “Develop and coordinate land use and transportation improvements that focus on reducing the imbalance of jobs/housing in Charles County�”
OBJECTIVE E: PROMOTE CLEAR, CONCISE, AND EQUITABLE REGULATIONS
This fifth key objective supports the innate purpose of a zoning code to be a functional and democratic document�
A clear code is important in unambiguously defining the law, allowing members of the public to accurately understand what they may or may not do with their land, what their neighbor may or may not do with their land, and what permits and procedures are necessary to stay in legal goodstanding Having defined terms, eliminating conflicts between code sections, and writing in plain language all contribute to the goal of clarity�
Conciseness is also important in a democratic document A several-hundred-page ordinance is cumbersome to access, navigate, and digest, which may lead to members of the public ignoring
the regulations, unintentionally violating the regulations, or necessitating the hiring of legal counsel to find and interpret the regulations We look for the use of tables to display information, where appropriate, and the consolidation of regulations and elimination of unnecessary or duplicative regulations to cut down on the bulk of the document and increase easeof-use�
Finally, equitable regulations are key to a democratic form of government Regulations, especially zoning regulations, can affect different populations in different ways; for example, regulations that require minimum dwelling unit floor areas may increase the cost of housing, which affects those populations that are housing-cost stressed more than other populations A code should not implement provisions that may place undue burdens on historically disadvantaged groups�
It is worth noting that some of the objectives may be majorly addressed by zoning regulations, while others may rely on a combination of zoning regulations, transportation policy, and public and private investments For example, a zoning ordinance may require that buildings sit close to the sidewalk and prohibit front yard parking lots, and such standards may improve walkability and
decrease environmental pollution from cars, but walkability may also rely on significant public investments in sidewalk and crosswalk infrastructure, which is beyond the influence of a zoning ordinance�
Chapter 03 Zoning Ordinance Evaluation
Chapter 3: Zoning Ordinance Evaluation
The current zoning ordinance (Chapter 297 of the Charles County Code of Ordinances and Resolutions) was adopted in 1992, and, while the majority of its provisions have remained unchanged (114 sections of 180 sections), many sections have undergone numerous amendments and additions� This chapter of the zoning diagnostic report evaluates the zoning ordinance as it relates to the key objectives set forth in the the previous chapter and provides general comments based on zoning best practices In it, we refer to the zoning diagnostic matrix, a spreadsheet that includes each section of the ordinance, its last year of amendment, consultant notes, and an evaluation of whether it supports the objective (noted with a “+”), interferes with the objective
(noted with a “!”), or does not affect the objective (noted with a “=”)
OBJECTIVE A: PROMOTE ENVIRONMENTAL RESILIENCE
Of all objectives evaluated in this zoning diagnostic report, Objective A: Promote Environmental Resilience was most supported by the zoning ordinance (Thirtysix of the 180 sections were noted to support the objective, whereas only 3 sections interfered with the objective ) Some of those sections are highlighted below: Performance-based standards, such as smoke, noise, air pollution, liquid waste disposal, electrical disturbance, and hazardous materials storage regulations, likely contribute to environmental resilience (Sections 297-31 to 297-36)
Equity was not explicitly stated in the zoning ordinance as a purpose for its enactment� In fact, the purpose statment for the zoning ordinance, Section 297-1, used the terms “morals” and “comfort,” two subjective terms that could be used to justify discriminatory regulations�
Water quality is also supported by some provisions� The Watershed Conservation District, for instance, limits impervious surface area to 8 percent of the lot area and encourages stormwater best management practices� Other sections include maximum impervious surface ratios (for example, 297-300), as well The Watershed Conservation District also requires the use of Best Available Technology when installing new septic systems, likely reducing the levels of nitrogen pollution in the groundwater The Resource Protection Zone applies a protection buffer of 50 or 100 feet for streams, wetlands, floodplains, and steep slopes (Sections 297171 and -172) Also, in Section 297338, parking lots are required to implement stormwater mitigation techniques, such as bioretention areas, pervious pavement, or green roofs, which may help mitigate the impacts of parking lots, and, in Section 297-357, parking lots are encouraged to have landscaping areas that are flush with the pavement to allow water flow to bioretention areas
Related to water quality is tree canopy, and several sections support a robust tree canopy, including Article X: Highway Corridor Overlay Zone, Section 297-299 (“Existing trees shall be preserved wherever possible ”), Section 297-359: Interior Landsacping of Parking Areas, and
Section 297-383: Plant Material for Buffer Yards�
Provisions that contributed to the walkability of an area and decreased reliance and emphasis on motor vehicles were noted as supporting Objective A In the Business Park District, for example, employeesupporting businesses, such as dry cleaning, nursery schools, and convenience stores, for up to 25% of the floor area of the business park tract, are permitted, which allows employees to fulfill everyday tasks in close proximity to work, possibly cutting down on vehicle emissions (Section 297-91) Section 297-95 decreases emphasis on vehicles, requiring that parking be located interior to the lot or at the rear of the lot and screened from public streets� It also requires street trees to be planted, which supports the comprehensive plan’s goals for tree canopy cover The Activity Center Zones section (297-97) includes a maximum number of parking spaces, thereby limiting the negative effects of parking areas on the environment Additionally, the Hughesville Village Zone cuts down on motor vehicle dominance by prohibiting drivethrough facilities, mandating interconnected street networks, requiring mid-block crosswalks on blocks longer than 800 feet, and requiring alleyways and pedestrian-scaled streetlighting It also reduces parking requirements, permits on-street parking to count towards required parking for non-
residential uses, and encourages shared parking (Section 297-99)� Finally, Section 297-105, the Mixed Use (MU) Zone, and Section 297-110, the Transit Oriented Development (TOD) Zone, espouse a reduction in travel distances between home and the workplace, thus reducing commuter pollution in their purpose statements
Other sections supported Objective A in their purpose or intent statements Section 297-98 (Watershed Conservation District), for example, lists its objective as promoting environmental resilience The Planned Residential District (PRD) Zone section (297-105) lists optimum land use efficiency, environmental sensitivity, tree canopy cover, and pedestrian networks in its purpose statement� Additionally, the Mixed Use (MX) Zone, the Planned Employment and Industrial Park (PEP) Zone, and the Planned Manufactured Home Park (PMH) Zone list objectives that support the environment, including correcting ecological/environmental deficiencies found in the vicinity Still other sections, including the Resource Protection Zone and Cluster Developments include proenvironmental language in their purpose statements
Finally, of note, is the listing of solar energy systems in the use table This listing and the provisions in Section 297-212 may lead to solar proliferation in Charles County and
decrease dependency on coal and nuclear-generaged energy�
However, there were some sections that likely impair the implementation of environmental resilience
One of the most critical impairments to Objective A is the promotion of motor vehicle use through the requirement of off-street parking areas (Section 297-335) Ever-abundant off-street parking adds to the convenience (and dominance) of driving as a form of transportation, may increase stormwater discharge volumes, temperatures, and pollutant loads, may exaccerbate the heat island effect in urban areas, and may cause the deconcentration of buildings and therefore impede the walkability of a district
Also of note is Section 297-257, under the Adequate Public Facilities article, which requires that developers mitigate effects to the Level of Service of roads as a result of their development, but it does not outright allow such mitigation to be in the form of environmentally friendly road alternatives, such as multi-use paths, bus transit lanes, bicycle parking facilities, or other environmentally resilient transportation options
Finally, Section 297-306 allows exterior lighting to have no cutoffs, meaning that the light may shine upwards, causing undue
light pollution and affecting the biological function of nocturnal wildlife
OBJECTIVE B: MANAGE GROWTH APPROPRIATELY
Growth management also scored well in this analysis, having 28 sections with positive scores (“+”) and only 6 sections with negative scores (“-”) Some areas where growth management is supported are described below:
An important rationale for managed growth is the desire to retain rural character This rural character is supported in several sections� Section 297-87 (Agricultural Conservation Zone) and Section 297-88 (Rural Zones) permit any agricultural use and allow the sale of products produced on farms, helping promote a rural landscape� Section 297-149 (Highway Corridor Zone) employs regulations that protect scenic views
The protection of rural character is supported, as well, by the Transfer of Development Rights mechanism (Article XVII), which allows for a consolidation of development in urbanized areas that are serviced by public facilities and the maintenance of the majority of the county as sparsely populated
In other areas, appropriate growth is promoted through design standards; in Section 297-89 (Village
Zones), commercial and industrial construction is required to undergo site design and architectural review, which may mitigate some effects of development on rural character Additionally, site design and architectural review are required for developments in the Commercial Zones (Section 29791), Industrial Zones (Section 29792), and Hughesville Village Zone (Section 297-99), among others� In the Core Mixed-Use Zones (Section 297-95), streetscape requirements manage the impacts of growth on the aesthetics of a neighborhood
Objective B is also supported where growth is targeted to certain areas that are set up to absorb additional residents or businesses The Development District Residential Zones section (297-90), for example, concentrates denser housing styles in the development district near existing sewer, water, school, and emergency response infrastructure� Other sections, too, require that public facilities are available prior to permitting, such as the Required Findings section of Cluster Developments (297-225) The Adequate Public Facilities article (Article XVI) requires that new subdivisions provide public facilities where they may affect the adequacy of existing facilities and may, alone, be the most impactful regulation supporting Objective B�
Managed growth is related to the efficient use of urban lands Section 297-97, among some other sections,
achieves effiency by including a maximum number of parking spaces permitted, which may lead to smaller parking lots and increased building floor area per acre
While efficient use of urbanized land is paramount, appropriately managed growth may also involve reserving urban land for natural or recreational purposes� Sections 297-108 (Planned Manufactured Home Park Zone), 297-110 (Transit Oriented Devleopment Zone), and 297-223 (Cluster Developments) include provisions for open space� Such provisions also contribute to the comprehensive plan’s goals of 30 acres of parks, recreation, and open space per 1,000 residents (Comprehensive Plan, 9-14)�
Some purpose and intent statements in the zoning ordinance also promote Objective B For example, the Core Mixed-Use Zones section (297-95) includes “encouraging infill development” and “providing efficient land use by facilitating compact, moderateto high-density development and minimizing the amount of land that is needed for surface parking” in its objectives statement In the Watershed Conservation District (Section 297-98), the objectives include limiting sprawl development in the stream valleys The Hughesville Village Zone espouses village-scaled, walkable, mixed-use development with well-connected streets, alleys,
and sidewalks, and open space areas that complement the rural village development (Section 29799) Still other sections, such as the Planned Development Zones, include purpose statements that support the County’s historic and cultural heritage, encourage open space and buffers, and promote development near existing water and sewer facilities and connected to major highways�
In some limited cases, however, the zoning ordinance fails to support Objective B Some examples are listed below:
• The Adequate Public Facilities regulations fail to require provisions for stormwater management facilities (Section 297-262)
• The Transfer of Development Rights receiving zones may increase density only when they are part of a cluster subdivision or planned development, which may decrease the efficacy of the Transfer of Development Rights mechanism (Section 297-285)�
• The zoning ordinance requires off-street parking spaces for each development (Section 297355), which may contribute to inefficienct use of urban land
OBJECTIVE C: PROMOTE DIVERSE HOUSING OPTIONS
Objective C was only minorly addressed by the zoning ordinance�
The assessment indicated 8 provisions that supported diverse housing options and 5 provisions that countered this objective
Some of the supporting sections are described below:
• The Moderately Priced Dwelling Unit requirements may significantly add to housing options in Charles County Section 297-242 requires that 12-15% of units in residential developments be “moderately priced�”
• Section 297-90 permits duplexes, townhouses, multiplexes, garden apartments, and midrises in the RM and RH Zones� The Activity Center Zones and Transit Oriented Development Zone, too, support a range of housing types, including mixed-use buildings, attached dwellings, and multi-family dwellings (Sections 297-97 and 297-110)
• Manufactured homes, a housing type understood to be “naturally affordable,” are permitted in the Planned Manufactured Home Park (Section 297-108), as well as many other zones, including AC, RC, WCD, RR, RV, RL, RM, and RH
• Other forms of housing, including small elderly care homes, rooming houses, migrant worker housing, small group homes, and shelters, are permitted in a variety of zones;
and halfway houses, large group homes, and large elderly care homes are permitted with special exception
Accessory apartments are permitted in many zones (Use No 3 01 700) Additionally, accessory apartments do not factor into calculating unit density (Section 297-75�D), which may further encourage their development
• Purpose and intent statements espouse greater housing diversity For instance, the objectives of the Planned Development Zones includes providing “a broad range of housing and economic opportunities” (Section 297-101) comprised of owner and rental occupancy units with singlefamily dwellings, multiple-family dwellings and other forms of housing (Section 297-105)� Cluster developments, too, aim to “Allow for a greater variety of housing types in the County” (Section 279-219)
While housing options are supported by some provisions, there are many cases where housing diversity is impaired Some examples are highlighted below:
• Requiring off-street parking minimums at the rate of 1 5 spaces (for 1-bedroom units in multifamily buildings) to 2�5 spaces (for 3-bedroom units) per unit (Section 297-335) may
increase the land area needed to develop housing and may, therefore, increase the cost of purchasing or renting a home in Charles County, leading to fewer options for certain populations
• Establishing a minimum floor area for dwelling units is a key, and all-too-common, impediment to achieving a diversity of housing types and costs In Section 297-212, singlefamily detached dwellings are required to have floor areas of 1,250/1,450/1,650 square feet, which decreases the diversity of small housing options that may be suitable for single-person households and seniors
• The Transfer of Development Rights mechanism allows for receiving areas to increase density only when part of a cluster development or a planned development, which may decrease the efficacy of the program in developing diverse housing options in urbanized areas (Sections 297-280 and 297284)�
OBJECTIVE D: PROMOTE GREATER EMPLOYMENT OPTIONS
Objective D sets out to promote greater employment options This objective, like Objective C, was not widely addressed by the zoning ordinance, with only 6 sections identified as promoting the
objective, and 7 sections impeding employment options�
Some examples of sections that promote greater employment options are described below:
• Commercial zones (Section 29791) permit building heights of up to 60 feet within the Business Park District, which may facilitate modern clear-story height requirements of warehouses and flex spaces and may facilitate the development of such uses and associated employment opportunities
• The Planned Development Zone article (Article VII) identifies providing “a broad range of housing and economic opportunities” as a key purpose Similarly, the Mixed Use Zone (297-106) includes encouraging the expansion of existing businesses and enhancing the tourism industry in its intent statement; the Planned Employment and Industrial Park Zone’s purpose statement promotes development of target industries and largescale, comprehensively planned employment centers; and the Transit Oriented Development Zone has an intent statement that lists business retention and the attraction of high-paying employment opportunities as key goals (297-110)
• Related to procedures and approvals, Section 297-526 allows
for administrative review of sites and structures that have no significant change to the exterior features of a historic site, which may accelerate approval of development and decrease the upstart costs for business creation or expansion, promoting employment opportunities
However, while the zoning ordinance supports Objective D in several areas, it also includes provisions that impair its success, as listed below:
• Cottage industries are important in providing alternative forms of income for rural landowners The zoning ordinance, however, limits cottage food production and sales to those lots of 5 acres or greater (Section 297-29), which leaves out many small-scale cottage industries, such as egg and honey producers
• The Industrial Zones (Section 297-92) do not permit heights suitable for many industrial uses (only 36 feet for the IG zone and 50 feet for the IH zone), which could hinder expansion of industrial areas and associated employment opportunities Similarly, the Activity Center Zones (Section 297-97) have maximum floor-to-celing heights of 16 feet for the ground floor and 12 feet for other floors; this maximum height reduces the usability of structures for certain industries�
• Parking minimums, established in Section 297-335, place burden on businesses, which must supply expensive parking areas This overhead cost could prevent the success of small, start-up enterprises or reduce the potential expansion of established businesses, possibly leading to fewer employment options in Charles County Additionally, Section 297-342 requires that, for changes of use, parking minimums be supplied; this provision could limit the reuse potential of existing buildings, which could lead to vacancy of structures, degredation of commercial districts, and fewer employment opportunities
• Section 297-343 requires that commercial uses provide loading and unloading areas Similar to parking areas, such loading and unloading areas require that enterprises dedicate valuable land area to such uses, regardless of whether they are needed, increasing overhead expenses and potentially limiting business and employment expansions�
• Perimeter landscaping is required for parking areas (Section 297-358) and could add to the cost of operating a business, which may lead to lower rates of growth for businesses and may stymie employment�
OBJECTIVE E: PROMOTE CLEAR, CONCISE, AND EQUITABLE REGULATIONS
Any democratic institution should have a zoning ordinance that is clear, concise, and equitable, thus making it accessible to the general public
Objective E, however, scored lowest out of the five key objectives, having only 5 positive marks and 46 negative marks out of 180 sections
First, those sections that support Objective E are mentioned below:
• Illustrations are used to aid in comprehension of the regulations Some examples include Sections 297-62 (Permissible Uses and Specific Exclusions) and Section 297-385 (Illustrations of Buffer Yard and Buffer Yard Structures)
• Section 297-62 provides clarity in how to interpret unlisted uses or uses similar to listed uses�
• Terms are defined throughout the ordinance (excluding many use terms), such as in sections 297-49 (general terms) and 297278 (TDR terms)
Most comments on this key objective, however, show the failures of the zoning ordinance to be clear and concise Some instances are highlighted below:
Document Intro
• While Section 297-3 (Applicability) indicates that the County is not subject to the regulations of the zoning ordinance, it fails to indicate who or what is subject to the regulations
• Section 297-8 includes clear instructions that the zoning ordinance controls when it imposes greater restrictions than another provision of law or other rule, but it does not instruct the reader that, if another provision of law or other rule imposes a greater restriction, it shall control
• Section 297-9 does not address construction practices, as the heading suggests; it relates to interpretation of words and phrases used in the ordinance
Definitions
While the zoning ordinance includes many defined terms, it fails at defining all necessary terms Below are some areas of deficit:
Many of the uses in the list of permissible uses (Section 297-63) are undefined
• Section 297-171 (Minimum Stream Buffer Widths) includes the terms “stream order one and two” and “stream order three or higher” but does not define how a stream order is determined, interfering with clearness�
• Section 297-384 is difficult to understand, as it uses undefined abbreviations in a table
Development Standards
Development standards must be clear and concise so that the reader can quickly and accurately understand the applicable regulations� Some areas that did not succeed at clear and/or concise development standards are listed below:
• Section 297-75 sets forth complex standards for minimum lot sizes for twofamily conversions and accessory apartments�
• Table IV-1 permits churches, sysnagogues, and temples including associated cemeteries (4 �01�200) but oddly does not permit churches, synagogues, and temples without cemeteries This presents an inconsistency and interferes with Objective E
• While the standards for commercial districts include tables (Section 297-91), which are simpler to use than paragraphform regulations, the tables are extensive and may be difficult to understnad by the general public, interfering with Objective E
• Section 297-94 includes the language: “…but under no circumstance shall the total number of dwelling units exceed
three units per acre�” However, this language is ambiguous, as it does not specify whether this limit is an average of 3 units per acre for the entire Swan Point development, or whether it is a limit for each and every acre in the development
• The Activity Center Zones require sidewalks to be installed when a subdivision plan or site plan is required, which promotes a walkable, environmentally resilient scenario However, it also says, “Sidewalks shall also be provided to connect builidng entrances and parking areas with the sidewalks along the streets ” This phrasing is ambiguous, as it does not clearly indicate whether such requirement applies when the development does not require a subdivision plan or site plan
Section 297-174 (Permitted Uses within the Resource Protection Zone) interferes with Objective E in that it is ambiguous in its allowance of land disturbance associated with new, singlefamily dwellings� It reads that, “Up to a total of 5,000 square feet may be disturbed in the Buffer…” but does not specify if that is per lot, per stream valley, per watershed, or per the county�
Specificity
The zoning ordinance must be specific about what is and isn’t subject to its regulations, leaving
little room for interpretation� The ordinance failed at specificity in several areas, as highlighted below:
• Section 297-169 (Application for the Resource Protection Zone) is ambiguous in that it says that the RPZ shall apply to streams outside of the Critical Area Zone and uses the phrasing “including but not limited to” before listing streams by name� This phrasing leaves the reader wondering if this overlay zone is applied to other streams Furthermore, some streams may have colloquial names that differ from official nomenclature
• Section 297-222 is unclear in that it requires a buffer yard to screen incompatible uses, but it does not define which uses are incompatible
Section 297-258 is unspecific in that it does not indicate whether a developer must provide a school allocation each and every year, or only at the time of development�
• Section 297-279 (Transfer of Development Rights) is unspecific as to the ability of a holder of three development options to build an accessory apartment or other accessory dwelling in addition to their primary residence
• Section 297-298 (Site Design Standards) is ambiguous about whether residential
development that does not constitute a single-family subdivision of greater than 10 lots is subject to the design standards
• The zoning ordinance is unspecific about which sign types are permitted in which zones (Section 297-324)
Arbitrary Determinations
When decisions can be arbitrary, clarity is diminished�
• In Section 297-177, the zoning ordinance allows the Zoning Officer to make deliniations of the Resource Protection Zone’s boundaries, which allows for ambiguity in the application of the zone
• In Section 297-212, the list of uses is unclear and may lead to arbitrary determinations For example, it may be difficult for a user and a zoning administrator to differentiate between a “horticultural sales with outdoor display” and a “commercial greenhouse operation with onpremises sales permitted ”
• Section 297-264 does not provide clear estimates of what mitigation may be necessary for a development to make up for inadequate public facilities, which could lead to arbitrary determinations which increase the risk of development
• Section 297-266 sets forth that the County Commissioners “will establish specific standards, criteria and procedures for use in determining the adequacy of public facilities required to support and service any proposed subdivision or development ” This language does not provide clear indication of what defines “adequate” and leaves ambiguity and risk of development�
• Section 297-308 applies only to commercial developments deemed to be a viable location for a future transit stop but does not identify what person will make that determination and with what decision criteria
Administrative Burden
When zoning ordinances are long or require extensive permitting and application procedures, the administration may become overburdened The zoning ordinance has several examples where this may occur:
• Section 297-109 requires that applications for a master plan of development for planned developments include a “design and development code” which sets forth standards for layout and design within the site This provision increases the burden of administration of the code, effectively adding complexity to the design standards of the
county and interfering with administrative efficiency�
Lengthiness
Many purposes statements are lengthy (see Sections 297-106 through -110), and many tables are difficult to use due to their length and complexity (see Section 297150)�
Additionally, the array of special exception uses and uses permitted with conditions (Section 297-211) is extensive and includes some very specific, yet undefined, use terms
Parking requirements (Section 297-335, -336, and -338) are lengthy and interfere with ordinance’s conciseness
General Ease-of-Use
Some regulations may be difficult to interpret by the general public For instance, the buffer yard requirements (Section 297-370) may be difficult to decipher for an ordinary member of the public; it may be difficult for someone to know whether the proposed residential use is “of a net density two or more times that of the adjacent existing or approved residential use ” In another example, Section 297-383 describes the plant materials to be used in buffer yards in a lengthy, difficultto-understand manner
Equity
Equity was not explicitly stated in the zoning ordinance as a purpose for its enactment In fact, the purpose statment for the zoning ordinance, Section 297-1, used the terms “morals” and “comfort,” two subjective terms that could be used to justify inequitable, discriminatory regulations�
Many features of a zoning ordinance affect equity, including elements that impact access to education, housing, jobs, greenspace, transportation, and other services Housing diversity was assessed during this report’s discussion of Objective C, including comments on minimum floor area for dwelling units�
Recommended Updates 04
Chapter 4: Recommended Updates
The comprehensive plan states that updates to the zoning ordinance are “to be the chief means through which [the comprehensive plan] is to be implemented” (Comprehensive Plan, 1-4) In this chapter of the zoning diagnostic report, we list recommendations for code amendments that would better advance the key objectives of environmental resilience, appropriate management of growth, diverse housing options, greater employment options, and clear, concise, and equitable regulations, and to better achieve general zoning best practices
OBJECTIVE A: PROMOTE ENVIRONMENTAL RESILIENCE
• Eliminate parking requirements Parking areas contribute to heat island effects, pollute stormwater, contribute to cardependency and unwalkable
communities, and impair the aesthetic quality of a district
• Eliminate loading and unloading area requirements Loading and unloading areas contribute to heat island effects and generate polluted stormwater runoff�
• Require that parking areas be equipped with secure and covered bicycle parking (see the recommendation in the 2012 Charles County Bicycle and Pedestrian Master Plan, page 1-26) Bicycle and other micro-vehicle infrastructure is paramount in ensuring an environmentally resilient future�
• Require that parking areas be equipped with electric vehicle charging stations� Electric vehicles are important components in the transition to a green future
Eliminate parking requirements� Parking areas contribute to heat island effects, pollute stormwater, contribute to car-dependency and unwalkable communities, and impair the aesthetic quality of a district�
• Allow developers to compensate for impacts to Level of Service by installing environmentally friendly road alternatives, such as multi-use paths, bus transit lanes, bicycle parking facilities, or other environmentally resilient transportation options (where legally permissible)
• Require all lighting to be shielded with full cutoffs to protect nocturnal wildlife from unnecessary light pollution Integrate Dark Sky policies
• Increase the energy efficiency of dwellings by permitting more types of multi-family dwellings in already-urbanized zones Multifamily dwellings use less energy per dwelling unit than singlefamily detached dwellings, on average
Provide flexibility for agricultural uses and cottage foods operations in urbanized and small-lot areas
• Add “Area susceptible to flooding with 3 feet of sea level rise” to the list of areas under protection of the Resource Protection Zone
• Establish criteria for what lands should be dedicated as open space, such as wildlife habitat or existing tree stands
• Consider requiring that all new development contribute no new stormwater discharge compared to pre-development conditions
• Increase environmental protections within the Mattawoman Stream Valley
• Consider revising the sidewalk waiver procedure to both increase fairness and predictability and to advance the proliferation of sidewalks in Charles County
• Add to the number of required trees to be planted during development, and add specificty regarding maintenance responsibilities for newly planted trees, which may mitigate heatrelated public health risks
OBJECTIVE B: MANAGE GROWTH APPROPRIATELY
• Include a stormwater management facilities component in the adequate public facilities requirement, which would also help protect natural resources, such as streams and wetlands, as suggested in the comprehensive plan (see Action 10 on page 4-38)
• Expand the Transfer of Development Rights policy to allow the transfer of development rights and the increase of density on smaller developments or individual lots, rather than cluster developments or planned developments only
• Consider adding additional density above that suggested by the comprehensive plan through the TDR program for areas within the Transit Corridor Additional density could provide a market for development rights, helping to preserve rural character and, in the TOD, creating a more vibrant, walkable, and public resourceresponsible district�
• Increase the efficiency of use of land by permitting more types of multi-family dwellings in already-urbanized zones, especially “Missing Middle”-type housing Multi-family dwellings use less land and produce more property tax revenues per acre than single-family detached dwellings, on average�
• Eliminate the TDR buyback provision
• Rezone vacant residential properties that were removed from the Development District to a lower density in order to limit sprawl development and protect water resources
OBJECTIVE C: PROMOTE DIVERSE HOUSING OPTIONS
• Eliminate parking requirements Parking adds to the cost of housing development and may reduce access to affordable units
• Eliminate minimum floor areas for dwelling units� Minimum
floor areas decrease the availability of small housing options that may be suitable for single-person households and seniors
• Permit higher densities in the High-Density Residential Zone with TDR transfers, as 12 units per acre is too low to facilitate many multi-family developments�
• Permit large elderly care homes and retirement housing complexes in more zones by right�
OBJECTIVE D: PROMOTE GREATER EMPLOYMENT OPTIONS
• Allow for added heights in the industrial districts to match the heights permitted in the Business Park District, which allows some similar uses, such as manufacturing and research laboratories Additional height may permit more diverse employers to invest in Charles County�
• Eliminate maximum floorto-ceiling heights to increase flexibility and business viability�
• Eliminate parking and loading requirements, which present added overhead costs to employers, which may stymie business success and employment expansion
• Include new land uses, such as maker-spaces, live-work
units, communal kitchens, and artisanal manufacturing; and expand home occupation options
Limit the size of single-user retail buildings in the Mixed-Use Zone and Transit Corridor
• Facilitate development of compatible commercial and employment uses on lands in the vicinity of the airport, which may be accomplished through the creation of the Aviation Business Park zone�
OBJECTIVE E: PROMOTE CLEAR, CONCISE, AND EQUITABLE REGULATIONS
• Eliminate planned developments Planned developments add an administrative burden in approvals and enforcement
• Consolidate use terms and ensure that each term is appropriately defined
• Consolidate all definitions into one glossary section�
• Clarify how residential density is calculated
• Clarify which streams apply to the Resource Protection Area buffer
• Clarify which uses and which zones require buffering
• Clarify whether a developer must provide a school allocation each and every year, or only at the time of development
Clarify whether the holder of three development options may build an accessory apartment or other accessory dwelling in addition to their primary residence�
• Clarify what criteria is used, and by whom, to determine which commercial developments are deemed to be viable locations for future transit stops (Section 297-308)
• Clarify which sign types are permitted in which zones�
• Simplify the buffer yard requirements (Section 297-370)
• Add clarity where other ambiguities were identified in the zoning diagnostic matrix
• Integrate specific standards, as established by the County Commission, into the zoning ordinance for use in determining the adequacy of public facilities required to support and service any proposed subdivision or development
• Employ the use of graphics throughout the zoning ordinance to help the reader understand complex regulations
• Employ the use of tables throughout the zoning
ordinance to help the reader identify numerical standards�
• Simplify complex tables
• Locate all tables in the appropriate sections to reduce the necessity to refer to the appendix
• Remove the term “family” in reference to single-family and multi-family Replace “family” with “unit” or “household” Family has been historically used by zoning ordinances to discriminate against unmarried or non-nuclear family structures
• Eliminate all gendered pronouns in reference to a landowner, a developer, or an administrator
Eliminate reference to churches, temples, and synagogues and replace the terms with “community assembly” or other religion-neutral term Zoning ordinances have used religionspecific terms to discriminate against certain religions or sects
OTHER RECOMMENDATIONS
• Update references to Article 66b of the Annotated Code of Maryland to the Maryland Code>Land Use>Title 4 � Zoning�
• Permit additional recreational, tourism, and marine-associated industrial uses in appropriate coastal areas, including seafood processing and sales, boat
launches and beach parks, campgrounds and RV parks, and sightseeing tours, while minimizing shoreline erosion and impacts to bird habitats These uses should be focused in Port Tobacco, Aqualand, and Benedict
• Implement a Mount Vernon viewshed overlay zone�
• Implement the Hughesville village zone types in other villages, where appropriate Where such zones are inappropriate, consider amending the CV Zone or creating new village-specific zones
• Revise the entire administration and procedures sections for improved ease-of-use
• Allow agricultural uses to remain economically viable through appropriate and well-defined agritourism uses, such as farmto-table dinners, demonstration/ educational projects, etc �
• Consider the review of the allowable number of domesticated animals per lot per zone to more appropriately regulate agricultural versus nonagricultural uses
• Ensure that parks, plazas, squares, or other social gathering areas are incorporated into large-site developments
• Make adjustments to the zoning map to align with the Comprehensive Plan Land Use Map
Consider the addition a new zone: Suburban Large Lot (SL)
• Consider land use policies related to recreational marijuana sales prior to additional licenses being granted in January 2024
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
ARTICLE I. INTRODUCTION
297-1.Purpose
297-2.Statutoryauthority
297-3.Applicability
297-4.Violationsandpenalties
297-5.Zoningmap
297-6.Compliancerequired
297-8.Conflictingregulations
297-9.Rulesofconstruction
1992 The terms "morals" and "comfort" are used in the purpose statement of the zoning ordinance; such terms could be used to justify discriminatory regulations.
1992 This section includes reference to Article 66b of the Annotated Code of Maryland, but that article has been repealed. We recommend correcting the reference to the Maryland Code>Land Use>Title 4. Zoning.
1992
While this section indicates that the County is not subject to the regulations of the zoning ordinance, it fails to indicate who or what is subject to the regulations. We recommend clearly describing who or what is subject to the regulations of the zoning ordinance.
1992 This section includes reference to Article 66b of the Annotated Code of Maryland, but that article has been repealed. We recommend correcting the reference to the Maryland Code>Land Use>Title 4. Zoning.
1992 This section includes clear instructions that the zoning ordinance controls when it imposes greater restrictions than another provision of law or other rule, but it does not instruct the reader that, if another provision of law or other rule imposes a greater restriction, it shall control. We recommend updating this provision to include the situation of another provision of law or other rule imposing the greater restriction.
1992 This section does not address construction practices, as the heading suggests; it relates to interpretation of words and phrases used in the ordinance. We recommend updating the heading of this section.
Article2:ZoningMap, andArticle14: Administrationand Procedures 297-24.Computationoftime
297-25.Generallotrequirements
Article3:BaseDistricts, andArticle4:Overlay Districts,andArticle6: GeneralLot,Height, andSetback Standards Charles County,
Article14: Administrationand Procedures
Chapter 297, Zoning Ordinance
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-26.Generalyardrequirements1992/2021 This section provides rules of measurement with illustrative graphics that help clarify regulations presented later in the ordinance, supporting Objective E. We recommend updating the graphics to provide more clarity.
This section provides many exceptions to setback requirements, adding flexibility, but also complexity, to the ordinance. We recommend eliminating many of the setback exceptions in order to simplify the ordinance.
297-27.Exceptionsandmodificationstominimum heightrequirements 1992/2021
297-28.Visibilityatintersectingroads2021
297-29.Accessoryusesandstructures1992/2021 This section allows for home occupations as permitted accessory uses in any zone; we recommend that this section be updated to align with post-Covid work-from-home trends.
This section limits cottage industries to lots of 5 acres or larger; we recommend allowing cottage food production and sales on lots smaller than 5 acres to better support Objective B and Objective D.
297-30.Temporaryuses1992/1993/ 1994/2002
Article1:Introduction, andArticle6:General Lot,Height,and SetbackStandards
Article6:GeneralLot, Height,andSetback Standards
Article13:Other GenerallyApplicable Regulations
Article5:UsesandUse Standards,andArticle 7:GeneralParking Standards
Article5:UseandUse Standards
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-49.Wordusage;definitions
ARTICLE IV. PERMISSIBLE USES
1992 This section defines terms and uses illustrative graphics that aid in comprehension, supporting Objective E.
297-61.UseofdesignationsP,PCandSEinTableof PermissibleUses 1992
297-62.Permissibleusesandspecificexclusions
1992 This section supports Objective E in providing clarity in interpreting unlisted or similar uses.
297-63.TableofPermissibleUses2021 The list of permissible uses is extensive, and many of the uses are not defined. We recommend consolidating the use terms to allow for flexibility and greater employment and housing options (Objective C and Objective D), and defining all use terms.
ARTICLE V. RESIDENTIAL DENSITY
297-75.Residentialdensity2010 This section sets forth complex standards for minimum lot sizes for two-family conversions and accessory apartments, interfering with Objective E. We recommend simplifying the standards.
ARTICLE VI. BASE ZONE REGULATIONS
297-87.ACAgriculturalConservationZone
1992 Figure VI-1 "Schedule of Zone Regulations: Agricultural Conservation Zone" uses a table to display the minimum lot and yard criteria and the maximum building heights in the AC Zone, making the regulations easier to locate, promoting Objective E. However, having to refer to many different schedules/tables is cumbersome for the user. We recommend displaying each of the district's regulations with the district text.
The special regulations permit any agricultural use of land and the sale of products produced on the farm, supporting the rural character as espoused by Objective B.
297-88.Ruralzones1992/2017 Figure VI-2 "Schedule of Zone Regulations: Rural Residential Zones" uses a table to display the minimum lot and yard criteria and the maximum building heights in the RC and RR Zones, making the regulations easier to locate, promoting Objective E. However, having to refer to many different schedules/tables is cumbersome for the user. We recommend displaying each of the district's regulations with the district text.
The special regulations permit any agricultural use of land and the sale of products produced on the farm, supporting the rural character as espoused by Objective B.
297-89.Villagezones1992/2018 This section requires that all commercial and industrial construction in the CV Zone obtain a site design and architectural review, which promotes rural character as espoused by Objective B.
Article15:Glossaryof Terms
Article5:UsesandUse Standards
Article5:UsesandUse Standards
Article5:UsesandUse Standards
Article6:GeneralLot, Height,andSetback Standards
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-90.Developmentdistrictresidentialzones
297-91.Commercialzones
1992 The uses associated with the RL, RM, RH, and RO districts are found on Table IV-1. In this table, The RM and RH districts permit single-family detached dwellings, as well as duplexes, townhouses, multiplexes, garden apartments, and midrises, which supports Objective C as it promotes diverse housing options. It also concentrates those denser housing styles in the development district, which supports Objective B by managing growth appropriately by concentrating it near existing sewer and water infrastructure.
Table V-1 illustrates the densities for residential areas. When looking at RL, RM, and RH, the maximum densities do not reach the target densities for the Redevelopment District presented in the comprehensive plan in Table 3-2 (page 3-26). We recommend increasing the densities permitted in the RM and RH Districts to allow for consistency with the comprehensive plan.
Table IV-1 permits churches, synagogues, and temples including associated cemeteries (4.01.200) but oddly does not permit churches, synagogues, and temples without cemeteries. This presents an inconsistency and interferes with Objective E. We recommend removing inconsistency with religious places of worship and renaming the use "Community Assembly."
1992 Table VI-5 displays lot and building standards for the commercial zones. It permits up to 60 feet of height for uses within the Business Park District, which facilitates common clearstory heights used in flex spaces. This allowance permits business uses that may promote greater employment opportunities in Charles County, supporting Objective D
While the standards for commercial districts use tables, which are simpler to use than paragraph-form regulations, the tables are extensive and may be difficult to understand by the general public, interfering with Objective E. We recommend simplifying the regulations in order to improve comprehensibility.
The Business Park District permits employee-supporting businesses, such as dry cleaning, nursery schools, and convenience stores, for up to 25% of the floor area of the business park tract, which allows employees to fulfill everyday tasks in close proximity to work, cutting down on traffic and improving walkability, supporting Objective A.
Site design and architectural review (SDAR) is required for commercial and industrial construction over 2,000 square feet, which promotes Objective B, appropriately managed growth.
297-92.Industrialzones1992/2021
Table VI-6 displays lot and building standards for the industrial zones. However, it does not permit heights higher than 36 feet for the IG zone and 50 feet for the IH zone. These heights may not permit certain industrial structures and may impact employment, hindering Objective D. We recommend coordinating the heights permitted in the industrial district with those in the Business Park District, which allows some similar uses, such as manufacturing and research laboratories.
Site design and architectural review (SDAR) is required for commercial and industrial construction over 2,000 square feet, which promotes Objective B, appropriately managed growth.
297-93.PlannedUnitDevelopment(PUD)Zone1992/2000/ 2009
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-94.WaterfrontPlannedCommunity(WPC)Zone1992/2000 Section 297-94 includes the language: "…but under no circumstance shall the total number of dwelling units exceed three units per acre." However, this language is ambiguous, as it does not specify whether this is an average of 3 units per acre for the entire Swan Point development, or whether it is a limit for each and every acre in the development. We recommend clarifying how unit density is calculated.
297-95.CoreMixed-UseZones2010 The Core Mixed-Use Zones section includes an objectives statement that supports Objective A and Objective B with "encouraging infill and redevelopment", "reinforcing streets as public places that encourage pedestrian and bicycle travel", "providing efficient land use by facilitating compact, moderate- to high-density development and minimizing the amount of land that is needed for surface parking", and supporting "public transit."
However, the regulations cap the total density of the CER and the CRR zones at 15 dwelling units per acre and caps the total density of the CMR zone at 10 units per acre. Such densities do not match the comprehensive plan's Table 3-2 (page 3-26), which indicates that mixed-use districts shall have 2-6 dwelling units per acre. To better achieve Objective A and the zones' stated objectives of a walkable community, we recommend greatly increasing the permitted density to the higher end of that envisioned by the comprehensive plan for redevelopment districts (14-24 dwelling units per acre).
This section supports Objective A by decreasing the emphasis on vehicles, requiring that parking be located interior to the lot or at the rear of the lot and screened from public streets. It also requires street trees to be planted, which supports the comprehensive plan's goals for tree canopy cover.
Objective B is supported by the streetscape requirements, which manages growth appropriately by supporting aesthetic quality and community character.
Table IV-1 illustrates the permitted uses in the CER, CRR, and CMR zones. It allows singlefamily detached dwellings , duplexes, townhouses, multiplexes, garden apartments, and commercial apartments, but it does not allow manufactured homes, midrise apartments, or highrise apartments. We recommend permitting the full range of housing types to better support Objective C.
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-97.Activitycenterzones2014
The objectives of the Activity Center Zones section support Objective A, promoting environmental resilience by establishing a range of uses and ideal transportation options that prepare Charles County for future scenarios. The objectives of the Activity Center Zones section support Objective C, promoting housing diversity by espousing a range of housing types, including mixed-use buildings, attached, and multi-family dwellings.
The Activity Center Zones (Waldorf Central and Acton Urban Center) allow for flexible lots sizes, with widths as low as 16 feet and 0-foot setbacks, that may permit infill development and better achieve housing diversity (Objective C) and walkable, sustainable environments (Objective A).
We recommend that the Activity Center Zones be aligned to conform to the Waldorf Urban Redevelopment Corridor Plan.
The Activity Center Zones employ maximum floor-to-ceiling heights of 16 feet for the ground floor and 12 feet for other floors. This maximum height reduces the usability of structures for certain uses, which may desire higher floor heights. We recommend removing maximum floor-to-ceiling heights to increase flexibility and business viability, better supporting Objective D.
The Activity Center Zones require sidewalks to be installed when a subdivision plan or site plan is required, which promotes a walkable, environmentally resilient scenario, supporting Objective A. However, it also says, "Sidewalks shall also be provided to connect building entrances and parking areas with the sidewalks along the streets." This phrasing is ambiguous, as it does not clearly indicate whether such requirement applies when the development does not require a subdivision plan or site plan, interfering with Objective E.
The Activity Center Zones include a maximum number of parking spaces, which helps limit the negative effects of parking lots on the environment, supporting Objective A, and maximizing efficient use of land in the development district, supporting Objective B. We recommend eliminating parking requirements altogether, which could reduce the barriers to entry for small businesses and increase employment opportunities (Objective D).
The objectives of the WCD support Objective A, promoting environmental resilience, and Objective B, managing growth appropriately, by further protecting the Resource Protection Zone, limiting forest fragmentation, allowing for TDR, limiting sprawl development in the stream valleys, and protecting shorelines.
The density of 1 dwelling unit per 20 acres is consistent with the comprehensive plan (see page 3-11).
The WCD aligns with the comprehensive plan's objective of preserving water quality and achieving TMDL goals by limiting impervious surface to 8 percent. Furthermore, stormwater best management practices are encouraged, and Best Available Technology septic systems are required.
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-99.HughesvilleVillageZone(HVZ)2017 The Objectives of the HVZ support Objective B, managing growth appropriately, by espousing village-scaled, walkable, mixed-use development with well-connected streets, alleys, and sidewalks, and open space areas that complement the rural village development. Furthermore, the HVZ requires site design and architectural review, which promotes compatibility with existing architectural character.
The HVZ supports Objective A, promoting environmental resilience, by implementing sustainable transportation initiatives, such as prohibiting drive-through facilities, mandating interconnected street networks for new subdivisions, requiring mid-block crosswalks on blocks longer than 800 feet, the provision of alleys, and pedestrian-scaled streetlights. Furthermore, the HVZ reduces parking requirements and permits on-street parking along the site frontage to contribute to required parking for nonresidential uses and encourages shared parking. We recommend eliminating parking requirements altogether.
The HVZ employs maximum floor-to-ceiling heights of 16 feet for the ground floor and 12 feet for other floors. This maximum height reduces the usability of structures for certain uses, which may desire higher floor heights. We recommend removing maximum floor-toceiling heights to increase flexibility and business viability, better supporting Objective D.
VII. PLANNED DEVELOPMENT ZONE REGULATIONS
297-102.Generalregulations
297-103.Masterplan
297-104.Approval
297-105.PlannedResidentialDevelopment(PRD) Zone
The objectives of the planned development zones support Objectives C and Objective D, as they aim to "provide a broad range of housing and economic opportunities".
Eliminate,orArticle4: OverlayDistricts
Eliminate,orArticle14: Administrationand Procedures
Administrationand Procedures
Eliminate,orArticle14: Administrationand Procedures
The purpose statement of the PRD Zone supports Objective A in that it promotes optimum land use efficiency, environmental sensitivity, tree canopy cover, and pedestrian networks.
The purpose statement of the PRD Zone supports Objective B in that it promotes developments that contribute to the County's historic and cultural heritage.
The purpose statement of the PRD Zone supports Objective C in that it encourages a broad range of housing types, comprised of owner and rental occupancy units, with single-family, multiple-family and other forms of housing.
The PRD Zone allows housing densities up to 4.81 in the RL Zone, 6.66 in the RM Zone, and 13.10 in the RH Zone. These densities exceed the densities advised by Table 3-2 (page 326) in the comprehensive plan for residential districts. We recommend aligning the densities with those found in the comprehensive plan.
The purpose statement of the PRD Zone is lengthy, interfering with conciseness as espoused by Objective E.
Eliminate,orArticle4: OverlayDistricts
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-106.MixedUse(MX)Zone
297-107.PlannedEmploymentandIndustrialPark (PEP)Zone
1992 The purpose statement of the MX Zone supports Objective A in that it encourages a reduction in travel distance between the home and the workplace, reducing pollution associated with work commutes. It also aims to promote development that corrects ecological/environmental deficiencies found in the vicinity.
The purpose statement of the MX Zone supports Objective B in that it encourages appropriate provision of open space into developments and requires buffer yards along its periphery.
The purpose statement of the MX Zone supports Objective D in that it encourages the expansion of existing businesses and enhancement of the tourism industry.
The MX Zone allows housing densities up to 6.66 in the RV Zone, 8.66 in the RM Zone, 20.10 in the RH Zone, 20.10 in the CB, CC, and BP Zones, 20.10 in the IG and IH Zones, and 6.66 in the CV Zone. These densities exceed the densities advised by Table 3-2 (page 3-26) in the comprehensive plan for residential districts and mixed-use districts. We recommend aligning the densities with those found in the comprehensive plan.
The MX Zone supports Objective B in that it requires that a minimum of 20% of the tract area must be open space. This provision also supports the comprehensive plan's goals of 30 acres of parks, recreation and open space per 1,000 residents (see goal 9.8 on page 914).
The purpose statement of the MX Zone is lengthy, interfering with conciseness as espoused by Objective E.
1992
The purpose statement of the PEP Zone supports Objective A in that it encourages development that corrects existing ecological/environmental deficiencies found in the vicinity. It also encourages efficient energy use.
The purpose statement of the PEP Zone supports Objective B in that it encourages attractive development that is compatible with surrounding areas and on sites that have existing water and sewer facilities and are connected by major highways.
The purpose statement of the PEP Zone supports Objective D in that it promotes the development of qualified "target" industries and large-scale, comprehensively planned employment centers.
The purpose statement of the PEP Zone is lengthy, interfering with conciseness as espoused by Objective E. ++=+!
Eliminate,orArticle4: OverlayDistricts
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-108.PlannedManufacturedHomePark(PMH) Zone
1992 The purpose statement of the PMH Zone supports Objective A in that it promotes development that corrects ecological/environmental deficiencies found in the vicinity and encourages development resulting in manufactured home relocations due to failing septic systems at their former locations.
The purpose statement of the PMH Zone supports Objective B in that it encourages development that contributes to the County's historic and cultural heritage and espouses appropriate provision of amenities such as recreation facilities.
The PMH Zone supports Objective B in that it requires at least 25% of the tract, excluding the rights-of-way, to be open space and that it requires at least 8% of the development to be common recreational areas and facilities; these provisions also support the comprehensive plan's goals of 30 acres of parks, recreation and open space per 1,000 residents (see goal 9.8 on page 9-14).
The PMH Zone requires that fences, walls, and/or vegetative screening, along with buffer yards, be provided to separate manufactured homes from other uses, including other residential uses. This requirement may be discriminatory in nature, and we recommend that such requirement be reviewed.
The PMH Zone supports Objective C in that it permits manufactured homes, which are typically understood to be "naturally affordable" housing options and contribute to a jurisdiction's overall housing diversity.
The PMH Zone allows housing densities up to 11.10 in the RH Zone. This density exceeds the densities advised by Table 3-2 (page 3-26) in the comprehensive plan for residential districts. We recommend aligning the densities with those found in the comprehensive plan.
The purpose statement of the PMH Zone is lengthy, interfering with conciseness as espoused by Objective E.
297-109.Designguidelinesandrequirements
1992 This section requires that applications for a master plan of development for planned developments include a "design and development code" which sets forth standards for layout and design within the site. This provision increases the burden of administration of the code, effectively adding complexity to the design standards of the county and interfering with conciseness, as espoused by Objective E.
Eliminate,orArticle14: Administrationand Procedures
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-110.TransitOrientedDevelopment(TOD)Zone 1992 The purpose statement of the TOD Zone is lengthy, interfering with conciseness as espoused by Objective E.
The purpose statement of the TOD Zone supports Objective A in that it promotes efficient land-use and in that it encourages a reduction of car trips and travel time between home and the workplace by encouraging viable use of public transit and pedestrian-friendly environments.
The purpose statement of the TOD Zone supports Objective B in that it encourages highdensity residential and commercial development within existing urban core areas where public infrastructure already exists or is readily available, reducing urban sprawl within rural areas.
The TOD Zone supports Objective B in that it requires at least 10% of the tract to be open space; this provision also supports the comprehensive plan's goals of 30 acres of parks, recreation and open space per 1,000 residents (see goal 9.8 on page 9-14).
The purpose statement of the TOD Zone supports Objective C in that it provides a wider variety of housing types integrated into the overall multiuse project.
The purpose statement of the TOD Zone supports Objective D in that it encourages the expansion of existing businesses and enhancement of the tourism industry, and in that it encourages economic development through business retention and attraction of highpaying employment opportunities.
The TOD Zone allows housing densities up to 10.66 in the RM Zone and 28.60 in the RH Zone. This density does not align with the density advised by Table 3-2 (page 3-26) in the comprehensive plan for transit corridor (14-24 units per acre). We recommend aligning the densities with those found in the comprehensive plan.
and wildlife habitats along corridors, and minimize cut-and-fill operations and retaining the natural topography.
ARTICLE IX: CRITICAL AREA ZONE
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-151.Roadbufferstandards
297-152.Retentionofnaturalbuffersalongroad rights-of-way
297-153.Exemptionsfrombufferstandards
297-154.Permittedactivityinroadbufferbeforeand afterdevelopment
1992 The buffer tables are difficult to decipher and impair Objective E.
1992 This section supports Objective A in that it requires that a vegetated buffer be provided along corridors, which preserves tree canopy (one of the comprehensive plan's goals) and reduces noise pollution from the corridor to residential areas.
1992 This section supports Objective B in that it allows for exemptions from the buffer requirements if a lesser buffer would offer greater views of areas indicative of rural character or cultural significance.
1992 This section supports Objective A in that it prohibits the removal of trees and vegetation in the highway corridor buffer except in specific circumstances.
297-167.Purpose
1992 The purpose statement of the RPZ supports Objective A in that it intends to preserve floodplains, wetlands, habitat, stream valleys, soils, scenic values, and encourage recreational opportunities, and prevent public expenditures on stormwater management.
The purpose statement of the RPZ supports Objective B in that it discourages inappropriate development in areas of environmental hazards.
297-168.Scope 1992
297-169.Application
1992 This section is ambiguous in that it says that the RPZ shall apply to streams outside of the Critical Area Zone and uses the phrasing "including but not limited to" before listing streams by name. This phrasing leaves the reader wondering if this overlay zone is applied to other streams. Furthermore, some streams may have colloquial names that differ from official nomenclature. We recommend that the Application section direct the reader to the official zoning map.
297-170.ResourceProtectionZonedelineation
297-171.Minimumstreambufferwidths1994 This section includes the terms "stream order one and two" and "stream order three or higher" but does not define how a stream order is determined, interfering with clearness as espoused by Objective E.
This section supports Objective A by applying a stream protection buffer of 50 or 100 horizontal feet.
297-172.Bufferadjustmentsforadjacentnontidal wetlands,one-hundred-yearfloodplainsandsteep slopes
1994 This section supports Objective A by applying a stream protection buffer to non-tidal wetlands, the 100-year floodplain, and steep slopes.
We recommend including the entire stream valley area in the Resource Protection Zone, up to the top of slope, as recommended in the comprehensive plan (see policy 5.13 on page 5-22).
297-173.Userestrictions
297-174.Permitteduses
1992 This section supports Objective A by prohibiting activities that may negatively impact stream quality.
1992 This section interferes with Objective E in that it is ambiguous in its allowance of land disturbance associated with new, single-family dwellings. It reads that, "Up to a total of 5,000 square feet may be disturbed in the Buffer…" but does not specify if that is per lot, per stream valley, per watershed, or per the county.
We recommend limiting density of dwellings to one per 10 acres, as recommended in the comprehensive plan (see Action 12 on page 3-30).
Article4:Overlay Districts
Article4:Overlay Districts
Article4:Overlay Districts
Article4:Overlay Districts
Article4:Overlay Districts
Article4:Overlay Districts
Article4:Overlay Districts
Article4:Overlay Districts
Article4:Overlay Districts,andArticle5: UsesandUse Standards
Article4:Overlay Districts,andArticle5: UsesandUse Standards
ARTICLE XI. RESOURCE PROTECTION ZONE (RPZ) (OVERLAY ZONE)
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
We recommend using the term "designated wetlands of Special State Concern" to match the language in the comprehensive plan.
This provision allows the Zoning Officer to make delineations of the zone's boundaries, which allows for ambiguity in the application of the zone. We recommend clearly delineating the zone's boundaries on a map.
XIII. MINIMUM STANDARDS FOR SPECIAL EXCEPTIONS AND USES PERMITTED WITH CONDITIONS
297-210.Generalprovisions 1992 This section includes specific building height approval regulations: "buildings over five stories." We recommend that height be regulated on a per-zone basis, rather than universally, as locating the height limitations in each district is conventional and therefore easier for the reader.
297-211.Alphabeticallisting2017 The list of uses is extensive and interferes with the conciseness espoused by Objective E; we recommend consolidating the list through the use of more general use terms, each clearly defined in the glossary article.
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-212.UsescorrespondingwithTableofPermissible Uses
2021
The list of uses is unclear, impeding Objective E. For example, it may be difficult for a user and a zoning administrator to determine whether livestock is a 4-H or school project or whether the livestock is for sale, and such determination is important for understanding the different regulations. As another example, it may be difficult to differentiate between a "horticultural sales with outdoor display" and a "commercial greenhouse operation with on-premises sales permitted."
This section uses permissive language rather than prohibitive language, which leads to ambiguity in the ordinance. For example, "3.01.100 Single-family detached residential: single-family" says that "Twenty-five percent of the units may be a minimum of 1,250 square feet". We recommend that, throughout the ordinance, the terms "shall" or "no" be used, as these terms are less ambiguous.
This section impairs Objective C, as it requires that single-family detached dwellings be a minimum of 1,250, 1,450, and 1,650 square feet, decreasing the diversity of small housing options that may be suitable for single-person households and seniors. We recommend removing minimum floor areas for dwelling units.
This section supports housing diversity, Objective C, by allowing accessory apartments in many zones.
This section may result in fewer townhouses by requiring that single-family attached residential development have a minimum tract size of 10 acres in the RM Zone and 5 acres in the RH zone. We recommend removing this provision and allowing townhouses in smaller, in-fill areas.
ARTICLE XIV. CLUSTER DEVELOPMENT
279-219.Purpose
Article5:UsesandUse Standards
297-220.Generalrequirements 1992
The purpose statement of cluster developments supports Objective A, as it aims to "Protect the natural environment" and "Encourage pedestrian and bicycle circulation, rather than automobile circulation".
The purpose statement of cluster developments supports Objective B, as it aims to "Preserve the County's rural character" and "Provide for more efficient and economical infrastructure and utility costs".
The purpose statement of cluster developments supports Objective C, as it aims to "Allow for a greater variety of housing types in the County."
297-221.Residentialdwellingtypes 1992
297-222.Designrequirements1999
This section is unclear in that it requires a buffer yard to screen incompatible uses, but it does not define which uses are incompatible, impairing Objective E. We recommend establishing clear definitions of which uses require buffering.
This section supports Objective A in that it prohibits lots from containing wetlands, floodplains, required wetland buffers, or the RPZ, except in particular circumstances.
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
RemovefromZOand movetoSubRegs,or Article12:Other GenerallyApplicable Regulations
Removeifother OrdinanceSuffices,or Article12:Other GenerallyApplicable Regulations
Removeifother OrdinanceSuffices,or Article12:Other GenerallyApplicable Regulations
Removeifother OrdinanceSuffices,or Article12:Other GenerallyApplicable Regulations
Removeifother OrdinanceSuffices,or Article12:Other GenerallyApplicable Regulations
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-255.Purpose1999
The purpose statement of the adequate public facilities article (Article XVI) manages growth appropriately, supporting Objective B, in that it encourages new development to occur in areas of the county where public facilities are being provided and which are designated in the comprehensive plan.
297.256.Adequatepublicfacilitiesrequired1999/2022 This section supports Objective B in that it requires adequate public facilities for new subdivisions which may adversely affect the adequacy of public facilities serving the area.
297-257.Roads1999/2022
This section requires the developer to mitigate effects to the Level of Service of roads as a result of their development, but it does not outright allow alternatives to road improvements, such as multi-use path construction, bus transit lanes, bicycle parking facilities, or other environmentally resilient options, impairing Objective A.
297-258.Schools1999/2005/ 2008/2020 This section is ambiguous in that it does not indicate whether a developer must provide a school allocation each and every year, or only at the time of development, interfering with Objective E. We recommend that this section be clarified.
279-259.Seweragesystem1999
279-260.Watersupplysystem1999
279-261.Firesuppressionforruralareas2002
297-262.Stormwatermanagementfacilities1999
This section does not include adequate public facilities provisions for sewerage systems, impairing Objective B, managing growth appropriately. We recommend that a sewerage component is included in the adequate public facilities requirement.
This section supports Objective B in that it restricts new residential subdivision and commercial or industrial development that requires groundwater appropriations to those that do not adversely affect the water supplies of existing residential, commercial, and industrial users.
This section supports Objective B in that it restricts new residential subdivision to those that have adequate access to fire suppression water sources.
This section does not include adequate public facilities provisions for stormwater management facilities, impairing Objective B, managing growth appropriately. We recommend that a stormwater management facilities component is included in the adequate public facilities requirement, which would also help protect natural resources, such as streams and wetlands, as suggested in the comprehensive plan (see Action 10 on page 4-38).
297-263.Adequatepublicfacilitiesstudy1999
297-264.Mitigation1999
297-265.Bondingorsurety1999
297-266.Standards,criteriaandproceduresfor adequatepublicfacilitiesstudies
This section requires that a developer mitigate for the impacts of development on public facilities, such as roads, schools, etc., supporting Objective B: Managing Growth Appropriately.
This section does not provide clear estimates of what mitigation may be necessary for a development, which increases the risk of development and, due to this ambiguity, impairs Objective E.
1999 This section sets forth that the County Commissioners "will establish specific standards, criteria and procedures for use in determining the adequacy of public facilities required to support and service any proposed subdivision or development." This language does not provide clear indication of what defines "adequate" and leaves ambiguity, risk of development, and impairs Objective E. We recommend integrating the specific standards, as established by the County Commission, into the zoning ordinance.
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
GenerallyApplicable Regulations
GenerallyApplicable Regulations
GenerallyApplicable Regulations
GenerallyApplicable Regulations
X Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
ARTICLE XVII. TRANSFERABLE DEVELOPMENT RIGHTS (TDRS) IN DESIGNATED AGRICULTURAL LAND PRESERVATION DISTRICTS
297-277.Introduction1996 The introduction to the Transfer of Development Rights article supports Objective B, managing growth appropriately and preserving rural character, by stating its intent to "encourage the protection of farmland and farming resources".
297-278.Definitions1996/2021 These definitions provide clarity for Transfer of Development Rights transactions, promoting Objective A.
To improve usability of the ordinance, we recommend consolidating all definitions in the Glossary article.
297-279.TDRsendingareas;propertiesassigned transferabledevelopmentrights 1996 This section is ambiguous as to the ability of a holder of three development options to build an accessory apartment or other accessory dwelling in addition to their primary residence, interfering with Objective E. We recommend providing clarity on the permissibility of constructing accessory dwellings in the case of TDR sending areas.
297-280.Abilitytotransferdevelopmentrights1996 This section allows transfer of development rights to increase density in the RL, RM, or RH Zones only when it is part of a cluster subdivision or a planned development, decreasing the applicability of the TDR program and potentially reducing its effectiveness to manage growth appropriately and provide a diversity of housing options (Objectives B and C). We recommend amending the TDR policy to allow the transfer of TDRs and the increase of density on smaller developments or individual lots.
297-281.Certificateofdevelopmentoptionsorrights1996
297-282.Instrumentoftransfer1996
Article12:Other GenerallyApplicable Regulations
Article15:Glossaryof Terms
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
GenerallyApplicable Regulations 297-283.Effectoftransfer1996
Article12:Other GenerallyApplicable Regulations
297-284.TDRreceivingarea;useoftransferable developmentrights
1996/2010 This section allows transfer of development rights to increase density in the receiving zones only when it is part of a cluster subdivision or a planned development, decreasing the applicability of the TDR program and potentially reducing its effectiveness to manage growth appropriately and provide a diversity of housing options (Objectives B and C). We recommend amending the TDR policy to allow the transfer of TDRs and the increase of density on smaller developments or individual lots.
297-285.Approvalofdevelopmentusingtransferable developmentrights 1996
297-286.Finalapprovalofuse1996
297-297.Purpose 1992
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
Article12:Other GenerallyApplicable Regulations
Article10: Design Standards
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-298.Generalsitedesignstandards1996/2017/ 2021 This section is ambiguous about whether residential development that does not constitute a single-family subdivision of greater than 10 lots is subject to the design standards, impairing Objective E. We recommend clarifying which projects are subject to the design standards.
This section is somewhat vague in its design requirements, using language such as "shall be easily accessible to pedestrians," "shall take into consideration topography, privacy...", and "shall be encouraged to achieve the best possible relationship between development and land." This highly interpretable language may lead to inconsistent application of the regulations and increase the risk of development. We recommend providing clear and predictable regulations.
This section promotes Objective A in that it lists several environmentally sensitive areas to be protected, including tidal and nontidal wetlands, tree stands, floodplains, steep slopes, and habitats of endangered wildlife. This section also promotes Objective A in that it encourages solar access and conservation of energy.
297-299.Landscapingandtreeplantingstandards 1992 This provision supports Objective A in that it requires that "Existing trees shall be preserved wherever possible."
297-300.Lotcoverage
297-301.Roadandsidewalkrequirementsin subdividedandunsubdivideddevelopments
1992 This provision (through reference to the zone regulations in Articles VI through VII) regulates impervious surface ratios on lots, which promotes Objective A, environmental resilience, and Objective B, managing growth appropriately.
2010/2017 This section requires sidewalks in unsubdivided developments to connect dwellings with other dwellings, with public streets, and with on-site activity centers, supporting Objective A in that it allows for non-automobile options for transportation. This provision also supports Objective E in that sidewalks are an important component of an equitable community.
297-302.Accessstandardsforarterialroads 1992
297-303.Utilityownershipandeasementrights 1992
297-304.Utilitiestobeconsistentwithinternaland externaldevelopment
Subdivision Regulations,orArticle 10: DesignStandards
Article9:Landscaping andBuffering Standards
Article3:BaseDistricts, andArticle4:Overlay Districts
X Subdivision Regulations,orArticle 10:DesignStandards
Article7:Parkingand RoadStandards
Article12:Other GenerallyApplicable Regulations
GenerallyApplicable Regulations 297-305.Lightingrequirements
Performance Standards 297-306.Lightingstandards
The lighting standards impair Objective A as they permit some exterior lighting to have no cutoffs, meaning that the light may shine upwards, causing undue light pollution and affecting the functioning of nocturnal wildlife. We recommend requiring all lighting to be shielded with full cutoffs.
Article10: Design Standards 297-308.Publictransitaccommodations2005 This section has ambiguous language in that it applies only to commercial developments deemed to be a viable location for a future transit stop but does not identify what person will make that determination and on what grounds, hindering Objective E. We recommend rephrasing the section for clarity.
Article7:Parkingand RoadStandards
Standards
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-320.Signsrequiringneitherpermitnorpayment ofafee 2010/2012 Certain exempt signs refer to the message of the sign, including "Political campaign signs," which may not comply with federal case law regarding content-neutral sign regulations. We recommend reviewing the sign regulations for legal compliance.
297-321.Prohibitedsigns2010/2012/ 2014 Part B prohibits signs affixed to the walls of buildings, which is a very common sign type. We recommend removing this prohibition.
297-322.Signsrequiringpermitbutnofee2010/2012 Part B(1) does not use clear language in that it excludes a verb from the sentence, interfering with Objective E. We recommend ensuring that every regulatory statement includes a subject and verb.
297-323.Computations2010
297-324.Standardsforspecifictypesofsigns2010/2012 This provision is unclear about how many signs are permitted, interfering with Objective E, in that it says that "Only one freestanding sign shall be erected" but does not clarify if that is per lot, per building, or per business. We recommend clarifying the number of signs allowed per lot.
This section requires that street address numbers are included but does not describe how that inclusion is important for public health and safety, potentially impairing the ordinance's legal defensibility. We recommend including statements of the regulation's importance to public health and safety in order to strengthen the ordinance's legal defensibility.
The sign regulations are ambiguous about which sign types are permitted in which zones, interfering with Objective E. We recommend clarifying which sign types are permitted in which zones.
297-325.Eventsigns2010/2012/ 2021 The event sign regulations refer to sign content, which may interfere with the sign code's legal defensibility. We recommend removing this sign type and including it under temporary signs.
The event sign regulations are repetitive, interfering with conciseness as espoused by Objective E. We recommend consolidating this section or eliminating it altogether.
297-327.Nonconformingsigns2010
297-328.Realestatesigns2010/2012 This section includes regulations based on the messaging of signs. We recommend that such language be reviewed for legal conformance.
297-335.Numberofparkingspacesrequired2008/2021 This section refers to the Table of Off-Street Parking Requirements (Figure XX-1), which describes the minimum number of parking spaces. This required parking may increase the cost of doing business, which may reduce the expansion of local businesses and employment, interfering with Objective D. Required parking may increase the cost of developing housing, reducing affordable units and interfering with Objective C. Required parking may incentivize driving and permit urban sprawl, interfering with Objective B. Required parking may increase impervious surface area, lead to increased rates of driving and associated air pollution, and may contribute to the heat island effect, interfering with Objective A. Parking requirements are lengthy and interfere with conciseness as espoused by Objective E. We recommend eliminating parking requirements.
This section requires that any parking spaces that exceed the minimum number of required parking spaces for non-residential uses be installed with pervious pavement, which helps restore groundwater resources and protect stream quality, supporting Objective A.
Eliminate,orArticle7: ParkingandRoad Standards
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-336.Parkingspacedimensions1992/2008/ 2021 This section describes minimum parking space dimensions and interferes with the conciseness of the code as espoused by Objective E. We recommend removing this section.
297-337.Requiredwidthsofaislesanddriveways1992/2008
This section sets forth drive aisle widths for parking areas and driveways. Such widths may allow for increased accessibility and decreased chances of car accidents, but they may also lead to increased impervious area, degrading stream quality and interfering with Objective A. We recommend removing or reducing the drive aisle widths.
This section requires that, for the Resource Protection Zone (RPZ), wetland areas, or other conservation areas, driveways be designed to be as narrow as possible to permit tree canopy closure to allow for continuous wildlife migratory corridors, supporting environmental resilience as espoused by Objective A.
297-338.Generaldesignrequirements1992/2008/ 2021
This section describes general parking area requirements, which adds to the ordinance's lengthiness and interferes with conciseness as espoused by Objective E. We recommend removing much of this section.
This section requires that stormwater retention be provided for off-street parking areas as required by the County's Stormwater Management Ordinance, which may protect water resources and support Objective A.
This section requires that the total coverage of parking areas and driveways use stormwater mitigation options, such as bioretention facilities, pervious pavement, or green roofs, which may protect water resources and support Objective A.
While this section does require that pedestrian circulation systems within parking areas be clearly delineated, it does not require that each parking space be serviced by a pedestrianway. We recommend that each parking space abut a protected pedestrianway.
297-339.Parkingareasurfaces2008
297-340.Jointuseofrequiredparkingspaces2005/2008
297-341.Satelliteparking
297-342.Specialprovisionsforlotswithexisting buildings
297-343.Loadingandunloadingareas
ParkingandRoad Standards
297-344.Parkingfacilitiesforthephysically handicapped
2008 Requiring that parking facilities be provided for changes of use and additions of more than 20% may impair the ability of businesses to start or expand, impairing Objective D. We recommend eliminating parking requirements.
1992 Loading and unloading areas are appropriate for businesses where normal operations require that goods be routinely delivered to or shipped from the development. However, this section requires that loading and unloading areas be provided based on the leasable area of the building, not based on the loading and unloading needs of the building, which may result in excessive area dedicated to loading and unloading, causing additional impervious surface area that could degrade water resources, impairing Objective A. Additionally, any excess area dedicated to loading and unloading may contribute to business expenses which may reduce a business's ability to expand and hire additional employees, impairing Objective D. We recommend requiring loading and unloading areas only when a business has such deliveries or shipments and only at the level appropriate for that business.
1992/2008
RoadStandards
X Article7:Parkingand RoadStandards
Eliminate,orArticle7: ParkingandRoad Standards
Eliminate,orArticle7: ParkingandRoad Standards
Eliminate,orArticle7: ParkingandRoad Standards
Eliminate,orArticle7: ParkingandRoad Standards
Article7:Parkingand RoadStandards
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-355.Intent2008 The intent statement of parking area landscaping supports Objective A in that it lists stormwater runoff absorption and reduction of the heat island effect.
297-356.Sitesaffected1992/2008
297-357.Generaldesignrequirements2008 The general design requirements for parking area landscaping supports Objective A in that it requires that 90% of perimeter and shade trees be a native Maryland species; that all landscaped areas are encouraged to be flush with the pavement to allow for water flow to bioretention areas, and that trees must be surrounded by at least 200 square feet of unpaved area.
297-358.Perimeterlandscaping2008/2021 The perimeter landscaping requirement for parking areas impairs Objective D in that it may add to the cost of operating a business, which may lead to lower rates of growth for businesses and may stall employment.
The perimeter landscaping requirement for parking areas supports Objective B in that it softens the visual impacts of parking areas through the use of trees which helps preserve rural character.
The perimeter landscaping requirements for parking areas attempt to preserve existing vegetation which supports Objective A.
297-359.Interiorlandscaping2008
The interior landscaping requirements for parking areas supports Objective A in that they incentivize bioretention areas and the preservation of existing vegetation, which helps protect water resources and tree canopy.
297-370.Bufferyards1992/1993/ 2008 The buffer yard requirements are difficult to decipher for an ordinary member of the public. For example, it is difficult for someone to know whether the proposed residential use is "of a net density two or more times that of the adjacent existing or approved residential use." This complexity impairs Objective E. We recommend simplifying or eliminating these requirements.
297-382.Bufferyardstandards 1992
297-383.Plantmaterial1992/2008 This section describes plant materials to be used in buffer yards and encourages the retention of existing vegetation, supporting Objective A.
This section describes the plant materials to be used in buffer yards in a lengthy, difficultto-understand manner, impairing Objective E. We recommend simplifying these regulations.
297-384.Structures
297-385.Illustrationsofbufferyardandbufferyard structures
1992 This section is difficult to understand, as it uses abbreviations that are not defined, impairing Objective E. We recommend clarifying the abbreviations in the table.
1992 This section includes illustrative graphics to show buffer yard types, supporting clear regulations as espoused by Objective E.
Article7:Parkingand RoadStandards
Article7:Parkingand RoadStandards
X Article7:Parkingand RoadStandards
RoadStandards
Article7:Parkingand RoadStandards,and Article10:Design Standards
Article9:Landscaping, Fence,andBuffering Standards
Article9:Landscaping, Fence,andBuffering Standards
Article9:Landscaping, Fence,andBuffering Standards
Article9:Landscaping, Fence,andBuffering Standards
Article9:Landscaping, Fence,andBuffering Standards
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-411.Noticeofhearing1992/2014 This section is ambiguous as to what entails "the hearing", impairing Objective E. We recommend adding clarity to this section.
We recommend updating any newspaper publishing notification requirements to match state laws regarding online notifications, if applicable.
297-417.Appeals 1992 This section presents unclear regulation in that it allows an appeal to be filed within 30 days after the date of the decision or order appealed from, but Section 297-414 Revisory Powers says that "Within 15 days after the Board issues its written decision, any party in interest may file a motion for reconsideration of the decision or a provision or condition contained within a decision..." This difference between 15 and 30 days impairs Objective E, which espouses clarity. We recommend reviewing these sections for consistency.
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-447.Textamendments 1992 The timeline for text amendments is very long (could exceed 210 days), and it fails to include a maximum number of days between the application filing and the Planning Commission hearing, impairing Objective E. We recommend consolidating the process and supplying a timeline in a graphic manner.
We recommend updating any newspaper publishing notification requirements to match state laws regarding online notifications, if applicable.
297-448.Localmapamendments 1992 The timeline for map amendments is very long (could exceed 225 days), and it fails to include a maximum number of days between the application filing and the Planning Commission hearing, impairing Objective E. We recommend consolidating the process and supplying a timeline in a graphic manner.
We recommend updating any newspaper publishing notification requirements to match state laws regarding online notifications, if applicable.
297-467.Changeinuseofpropertywhere nonconformingsituationexists
297-468.Abandonmentanddiscontinuanceof nonconformingsituations 1992 This section's abandonment clause may not be legally defensible. We recommend a legal review of this section.
297-480.Approvedorpendingzoningpermits,site plansorbuildingpermits
297-482.BoardofAppealsapprovals 1992
297-483.Zoningineffectpriortoeffectivedateof thischapter 1992
County, Chapter 297, Zoning Ordinance
Charles County, Chapter 297, Zoning Ordinance
! Does not support land use objectives
+ Actively promotes land use objectives
.= Either does not affect or plays a necessary supportive function
297-526.Delegationofcertificateofapprovaltostaff2009Thissectionallowsstafftoreviewalterationstositesandstructuresthathaveno significantchangetotheexteriorfeaturesofahistoricsite,whichmay accelerateapprovalofdevelopmentanddecreasetheupstartcostsforbusiness creationorexpansion,promotingObjectiveD.