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ordinance 05-2024-rezoning-map with exhibit 1

Ordinance September 5, 2024 · 4 page(s)

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TOWN COUNCIL OF CENTREVILLE
ORDINANCE NO 05-2024
AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE AMENDING THE
TOWN OF CENTREVILLE ZONING ORDINANCE, WHICH IS CHAPTER 170 OF
THE TOWN CODE, TO ZONE LAND ANNEXED INTO THE TOWN OF
CENTREVILLE
WHEREAS, the Town Council has the authority under §5-213 of the Local Government
Article of the Annotated Code of Maryland, to adopt zoning regulations which includes assigning
a zoning designation to all land within the Town boundary;
WHEREAS, Section 4-102(6) of the Land Use Article of the Annotated Code of Maryland
authorizes the Town Council of Centreville to regulate the location and use of buildings, signs and
structures on the land;
WHEREAS, Section 170-62 of the Code of the Town of Centreville provides for
amendments to the regulations, restrictions and [zoning] boundaries set forth in Chapter 170 of the
Code;
WHEREAS, the Town desires to amend Chapter 170 by amending its Official Zoning
Map to assign the zoning classification of Traditional Neighborhood Development District TND
for lands annexed into the Town as per Resolution No. 14-2024 (“Annexed Land”) and is more
fully described on the “Zoning Plat” which is attached hereto this Ordinance as Exhibit 1;
WHEREAS, Local Government Article § 4-416 (a) of the Annotated Code of Maryland,
provides that the municipality shall have exclusive jurisdiction over planning, subdivision control,
and zoning of the Annexed Land;
WHEREAS, the Town Council received a ____________________ recommendation on
the zoning map amendment from the Centreville Planning and Zoning Commission; and
WHEREAS, the Town Council held a public hearing on the zoning map amendment on
_________________.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville:
Section 1. The recitals set forth above are incorporated herein by reference and made
a part of this Ordinance;
Section 2. The Official Zoning Map is hereby amended to zone 279.586 acres of land
more or less, annexed into the Town as per Resolution No. 14-2024, (“Providence Property”) as
Traditional Neighborhood Development District (TND) as more fully described on the “Zoning
Plat” which is attached hereto this Ordinance as Exhibit 1;
Section 3. If any section, clause, paragraph, sentence or phrase of the Ordinance or the
application thereof to any person, property, or circumstance is held invalid or unconstitutional by
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a court of competent jurisdiction, the invalidity or unconstitutionality shall in no way affect other
provisions or any other application of this Ordinance which can be given effect without the invalid
or unconstitutional provision or application, and for this purpose the provisions of this Ordinance
are declared severable.
Section 4. Local Government Article § 4-416 (b) and (c) of the Annotated Code of
Maryland, provides:
(b) Without the express approval of the county commissioners or county
council of the county in which the municipality is located, for 5 years after
an annexation by a municipality, the municipality may not allow
development of the annexed land for land uses substantially different than
the authorized use, or at a substantially higher density, not exceeding 50%,
than could be granted for the proposed development, in accordance with the
zoning classification of the county applicable at the time of the annexation.
(c) Notwithstanding § 4-204 of the Land Use Article and if the county
expressly approves, the municipality may place the annexed land in a
zoning classification that allows a land use or density different from the land
use or density specified in the zoning classification of the county or agency
with planning and zoning jurisdiction over the land prior to its annexation
applicable at the time of the annexation.
In accordance with Local Government Article § 4-416 (b) and (c) of the Annotated Code of
Maryland, this Ordinance shall become effective on the date the County Commissioner for Queen
Anne’s County expressly approve the zoning classification of Traditional Neighborhood
Development District (TND) for the Annexed Property, or 5 years after the effective date of the
Resolution 14-2024, whichever occurs first; however in any event this Ordinance shall not become
effective until twenty days following its enactment, and following the change and applicable entry
being made to the Official Town Zoning Map.
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ATTEST: THE TOWN COUNCIL OF CENTREVILLE
________________________________ ____________________________________
R. Gaye Adams Ashley Heffernan Kaiser, Esq., President
Town Clerk
_____________________________________
First Reading: Eric B. Johnson, Jr., Vice President
Second Reading:
Enacted:
Enacted: _____________________________________
Daniel B. Worth, Member
_____________________________________
Jim A. Beauchamp, Member
______________________________________
Jeffrey D. Kiel, Member
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