Legal Notice The Zoning Administrator, as an official of the City of Cumberland, has made application to the Cumberland Planning and Zoning Commission for a Comprehensive Zoning Text Amendment (ZTA 14-01) to the City of Cumberland Zoning Ordinance (Ordinance No. 3607) in accordance with Section 15.02 of the Cumberland Zoning Ordinance, and the Land Use Article of the Annotated Code of Maryland. The Planning Commission will meet and hold a public hearing on these proposed zoning changes on Monday, December 8, 2014 at 4:30 PM in the Mayor and Council Chambers on the 2nd Floor of Cumberland City Hall, 57 North Liberty Street, Cumberland, Maryland. The Planning Commission will hear public comment, discuss, and formally consider a recommendation of adoption to the Mayor and City Council. Interested persons should plan to attend this hearing. A summary of the Zoning Text changes proposed under the Comprehensive Rezoning is provided below: Text amendments: 1. General Corrections Update the Zoning Ordinance Table of Contents as may be required to reflect the specific text amendments adopted as part of this Comprehensive Rezoning and replace all general and specific section references to Article 66b throughout the ordinance to The Land Use Article in recognition of the 2012 recodification of the local government Planning and Annexation laws in the Annotated Code of Maryland. 2. Section 2.03 (Definitions) Minor wording changes to specific existing zoning definitions to correct grammatical errors, improve consistency with the application of defined terms in the Zoning Ordinance and the Building Code, improve clarity in application and administration (based on recent zoning administrative interpretations), and update the definitions to reflect changes in land uses. 3. Section 5.01 (Establishment of Zones) Add references to Adaptive Reuse and Planned Development Zoning Classifications as floating zones. 4. Section 5.01.14 (Planned Development Floating Zone PD) Add a statement of purpose and intent for a new Planned Development floating zone, which may include a mix of residential and business uses permitted within the R-O (Residential-Office) Zone. The new zone will provide streamlined comprehensive rezoning, subdivision, and site plan review and approval for major mixed use developments involving not less than 1.5 acres of land. 5. Section 6.01 (Zoning District Regulations, Generally) Delete the section reference for 6.16 Group Developments and replace with 6.16 Planned Development Floating Zone District. 6. Section 6.02 (Use Regulations Table) Reposition the use provisions for Motels, Hotels, and Motor Inns from the Residential section of the table to the Commercial Uses and Sales section and eliminate them as permitted uses in the R-O (Residential Office) Zone and establish them as a permitted use within the B-L (Local Business) Zone. Revise the use classification Dwelling Units/Restricted to read Dwelling Units/Mixed Use. Expand the use classification Boarding Houses to read Boarding Houses/Hostels and establish them as permitted uses in the B-L (Local Business) and B-CBD (Central Business District) Zones. Revise and expand the use classification Auto Service Stations to read Auto Service Stations/Convenience Stores. Revise the use classification for Nurseries for growing flowers, trees, and shrubs for sale on the lot to read Nurseries for growing flowers, fruits, vegetables, trees, and shrubs for sale on the lot and establish them as a permitted use in the R-E (Estate Residential) Zone. 7. Section 6.03.01 (Development Regulations Table) Amend Footnote 8 regarding special minimum requirement reductions to allow consistency with houses within 100 feet so that it will apply to front and year setbacks and building coverage requirements, and apply the footnote to the rear yard setback and building coverage columns of the table. Delete low-rise apartment provisions in the R-E (Estate Residential) Zone and establish minimum standards for two-family and low rise apartment uses for Cluster Developments within the R-S (Suburban Residential) Zone. 8. Section 6.03.03 (Exceptions to General Regulations) Amend the front and rear yard exception to reflect the wording changes made to Footnote 8 of the Development Regulations Table. 9. Section 6.03.04 (General Yard Requirements) Expand the allowance provisions for open front porches to extend into the required front yard setback to clarify that any enclosure of an open front porch shall require variance approval by the Board of Zoning Appeals. 10. Section 6.13.031 (Gateway Districts Design Guidelines for Parking) Add a requirement to Guideline 1 that would limit the amount of parking spaces that may be created in the front yard of the building to not more than one-third of the total number of spaces required. 11. Section 6.16 (Group Development) - Repeal the existing language for Group Developments and replace with provisions for a new Planned Development Floating Zone District. The provisions establish siting eligibility criteria, permitted uses, master plan submission and approval procedures, and performance standards for the new zone based on the established criteria for the Adaptive Reuse Floating Zone District in Section 6.17. The Planned Development Floating Zone shall be permitted by right with the R-S (Suburban Residential), R-U (Urban Residential) and R-O (Residential Office) Zones on development sites of 1.5 acres or more in area. All uses permitted in the R-O (Residential Office) Zone shall be permitted within the Planned Development Floating Zone and a special density bonus shall be allowed when the Planned Development Floating Zone is applied to property within the R-O (Residential Office) base zone. 12. Section 8.05 (General Site Design Standards) Add language requiring that Conceptual Stormwater Management Plan approval must be obtained prior to the submission of a site plan for approval. 13. Section 9.03.02 (Permitted Uses in Cluster Developments) Delete language allowing low-rise apartment buildings as permitted by right for cluster developments within the R-E (Estate Residential) Zone and insert language that will allow two-family and low rise apartment buildings as permitted by right for cluster developments within the R-S (Suburban Residential) Zone. These changes will make the use provisions in Cluster Developments consistent with the existing use allowances for those zones as specified in the Use Regulations Table of Section 6.02. 14. Section 12.02.03 (Schedule of Uses and Parking Quantity Regulations) Add language to clarify that principle use building square footage dedicated exclusively to warehousing and storage shall not be used in the calculation of minimum parking space requirements. Increase the minimum number of spaces required for medical and dental clinics from three to four for every employee, rather than for every two employees. 15. Section 14.04 (Sign Types) Insert a new definition for Electronic Changeable Copy Signs and renumber all subsequent definitions accordingly. Change all definition number references in subsequent parts of Section 14 to reflect the numbering changes made to this section. 16. Section 14.05 (Prohibited Signs In All Districts) Delete public service messages as exempt from the general prohibition on flashing, blinking, twinkling, or animated signs. 17. Section 14.09 (General Sign Regulations) Insert Electronic Changeable Copy Sign size and location standards for low ground signs and parallel or wall signs. Insert new standards and requirements for Electronic Changeable Copy Signs. Add language to clarify the Interstate 68 is the National Freeway. 18. Section 14.10 (Signs in the Residential and Conservation Districts) Insert a general prohibition on Electronic Changeable Copy Signs as a low ground sign in the R-E (Estate Residential), R-S (Suburban Residential), and R-U (Urban Residential) Zones and on any residential principal use property within the R-O (Residential Office) Zone. 19. Section 14.11.01 (On-Premise Signs in the B-CBD, B-H, B-L, G-C, G-I, and B-C Districts) Add a section number reference to the Electronic Changeable Copy Sign standards for low ground signs. Increase the specified maximum height for low ground signs from four to five feet to make it consistent with the height requirements specified in Section 14.09 (8). 20. Section 14.13 (Signs in Group Developments) Repeal this entire Section. A complete copy of the specific zoning text changes accompanied by a staff report is on file and available for public view at the City of Cumberland Department of Community Development during regular business hours (8:00 AM 4:00 PM). The Department is located in the Basement level of City Hall at 57 North Liberty Street, Cumberland, Maryland. A copy of the proposed Zoning Text changes is also available for public inspection on the City of Cumberlands web site at http://www.ci.cumberland.md.us/. Times-News: November 24, December 1, 2014
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