Easton, MD Big Box Ordinance

Easton, MD, US

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Type: Ordinance

Status: Adopted on 3/6/00 and approved by the mayor ten days later

Source File: http://www.town-eastonmd.com/Ordinance%20399.htm

Text:

ORDINANCE NO. 399
AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON ZONING ORDINANCE BY ADDING SECTION 608.2A.4.M TO IMPOSE A MAXIMUM SIZE LIMITATION OF 65,000 SQUARE FEET UPON ALL "BIG BOX RETAIL" STORES AND BY ADDING SECTION 803.5.C(10) TO PROVIDE THAT THE EASTON BOARD OF ZONING APPEALS SHALL NOT HAVE THE RIGHT TO GRANT A VARIANCE FROM THE 65,000 SQUARE FOOT SIZE LIMITATION

WHEREAS, the Town of Easton is authorized by Maryland Annotated Code Article 66B §4.01 et seq. to enact and administer a zoning ordinance, which ordinance is Chapter 28 of the Easton Town Code;

Whereas, the Zoning Ordinance allows property owners to construct commercial retail operations in buildings in excess of 25,000 square feet only after the property owner has been granted a planned unit development or planned major retailing rezoning application by the Town Council; and

Whereas, on September, 1999, the Town Council enacted Ordinance Number 390 which imposed a ninety day moratorium upon big box retail applications to give the elected and appointed officials of the Town, as well as interested members of the public, an opportunity to examine all aspects of big box retailing and its potential impacts upon Easton which process included a Town Council/ Planning Commission workshop, workshops by the Planning and Zoning Commission symposia, and public comment, both written and oral, from private citizens and interest groups; and whereas,

Whereas, after considering the information and viewpoints generated by this process, the Easton Planning and Zoning Commission presented a report on December 1, 1999 to the Town Council regarding commercial retail operations in Easton in excess of 25,000 square feet (so-called "big box retail" uses) which among other things, recommended that the Council amend the Zoning Ordinance to limit the maximum size of such buildings, including outside retail areas, at 65,000; and

Whereas, for the reasons outlined in the Planning and Zoning Commission Report to the Town Council, the Council finds that the limiting the size of additional big box retail stores in Easton to 65,000 square feet will inure to the benefit of the health, safety and welfare of the Town of Easton and its residents.

NOW, THEREFORE, the Town of Easton hereby ordains that:

Section 1. The Easton Zoning Ordinance (Chapter 28 of the Easton Town Code) is amended by the addition of Section 60~A.4.m which shall read as follows:

"Section 608.2A.4.m maximum size
No structure shall exceed 65,000 square feet in gross floor area. For the purposes of this subsection, the term "gross floor area" shall include outside retail areas."

Section 2. The Easton Zoning Ordinance (Chapter 28 of the Easton Town Code) is amended by the addition of Section 803~.C(10) which shall read as follows:

"Administration Board of Appeals - Powers and Duties .... Variances

Section 803.5.C(10)
Nothing in this Chapter shall give the Board the authority to grant a variance from the provisions of §608.2.A.4.m relating to the maximum size of big box retail uses."

Section 3. After the effective date of this Ordinance, no building in the Town shall be constructed, expanded, alters or modified except in conformity herewith. This Ordinance shall apply to all matters pending before Me Town as of its effective date.

Section 4. In accordance with Article II Section 9 of the Easton Town Charter, this ordinance shall become effective Event (20) calendar days after approval by the Mayor or passage of this Ordinance by the Council over the Mayor's veto.