Chapter 11.  Conditional Uses

 

11.1    Purpose of Conditional Use Provisions

 

Although each zone district is an attempt to segregate predominant land uses within identified residential districts; there will be proposals that are generally compatible in land use with other permitted uses in the zone. If properly and carefully planned, these uses, which are different from the predominant use, or more intensive than permitted uses in the same zone, may become compatible and appropriate for the zone in question. For example, the location and nature of the proposed use, the character of surrounding development, the traffic capacities of adjacent and feeder streets, the environmental factors such as drainage, erosion, and soil stability, all may dictate circumstances where a more intensive use may or may not be appropriate for the zone. The conditional use permit procedure (CUPP) is intended to provide greater flexibility in land uses while at the same time, preserving town characteristics and assuring compatibility between the conditional uses, the uses on adjoining properties, and the Town at large.  The Planning Commission will review all proposed conditional uses and may impose conditions of approval to preserve the character of the zone district, and to mitigate potential adverse effects of the conditional use. Where the Town and applicant cannot devise conditions that satisfactorily mitigate the adverse effects of the conditional use, the Town shall deny the conditional use permit.

 

11.2    Permit Required

 

A conditional use permit shall be required for all uses listed as conditional uses in the zone regulations or elsewhere in this Code.  A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the certificate.  No building permit or other permit or license shall be issued for a use requiring conditional use without first being reviewed and approved by the Rockville Town Planning Commission.  A Conditional Use for a Home Occupation may be exempt from the Planning Commission Public Hearing process.

 

11.3    Process

 

There are certain uses that, because of their unique characteristics or potential impact on the Town, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. If properly and carefully planned, these uses, which are different from, or more intensive than, permitted uses in the same zone, may be compatible and appropriate for the zone in question. The conditional use procedure is intended to provide greater flexibility in land uses while at the same time, preserving neighborhood characters and assuring compatibility between the conditional uses, the uses on adjoining properties, and the Town at large.  The Planning Commission shall review all proposed conditional uses and may set conditions to preserve the character of the zone district, and to mitigate potential adverse effects of the conditional use. Where the Town and applicant cannot devise conditions that satisfactorily mitigate the adverse effects of the conditional use, the Town shall deny the conditional use permit. The Town shall review all proposed conditional uses according to the following procedure, unless a subsequent provision of this Code specifically sets forth an administrative approval process, in which case that section shall control.

 

 

A.        Pre-Application Conference

 

An applicant may request a pre-application conference with the Zoning Administrator and/or Planning Commission to discuss the proposed conditional use and the conditions the Town might impose. At the pre-application conference, the Zoning Administrator and/or Planning Commission and applicant shall review the application form, the materials and information needed to complete the form, and the procedures used in reviewing the conditional use.

 

B.        Application

 

A Conditional Use Permit application shall be made to the Rockville Town Planning Commission as provided in this Code. An applicant shall file a completed conditional use application form provided by the Town.  The application lists all of the required information, written statement requirements, necessary documentation, and administrative checklist (standards for review, sensitive lands review, design review, technical review and conditions).

 

C.       Notice/Posting

 

Upon receipt of a complete conditional use permit application and payment of all applicable fees, the Planning Commission shall provide posted notice not less than fourteen (14) days prior to the public hearing, and a courtesy notice mailed to owners of property within three-hundred feet (300’) of the property.

 

D.       Action

 

The Planning Commission shall conduct a public hearing on the proposed conditional use permit (see 11.2 regarding possible exemptions for Home Occupation Permits) and shall either approve, deny, or modify the permit.  Upon Planning Commission approval, the Town shall issue building permits as provided in the Building Code and this Code, unless otherwise conditioned.

 

E.        Standards for Review

 

The Town shall not issue a conditional use permit unless the Planning Commission concludes that:

 

1)        the application complies with all requirements of this Code;

 

2)        the use will be compatible with surrounding structures in use, scale, mass,

and circulation;

 

3)        the use is consistent with the Rockville General Plan;

 

4)        the effects of any differences in use or scale have been mitigated through careful planning; and

 

5)        the use compliments and does not compromise the General Plan and the Conditional Use Chapter as determined by the Planning Commission in maintaining the character of the Town of Rockville.

The Planning Commission shall review each of the following Standards for Review, which are also listed on the CUP application form when considering a conditional use permit:

           

1)        Size and location of the site.

 

2)        Traffic considerations including capacity of the existing streets in the area.

 

3)        Utility capacity.

 

4)        Emergency vehicle access.

 

5)        Location and amount of off-street parking.

 

6)        Internal circulation system.

 

7)        Fencing, screening, and landscaping to separate the use from adjoining uses.

 

8)        Building mass, bulk, and orientation, and the location of buildings on the site; including orientation to buildings on adjoining lots.

 

9)        Usable open space.

 

10)    Signage and lighting.

 

11)    Physical design and compatibility with surrounding structures in mass, scale, style, design, and architectural detailing.

 

12)    Noise, vibration, fumes, odors, steam, reflection, or other factors that might affect people and property off site.

 

13)    Control of delivery and service vehicles, loading and unloading zones, and screening of trash pick-up areas.

 

14)    Expected ownership and management of the project as primary residences, condominiums, time interval ownership, nightly rental, or commercial tenancies.

 

If a proposed conditional use is located within the Sensitive Area Overlay Zone, additional requirements and regulations shall apply.  See the Sensitive Lands Provisions.

 

F.        Plat Approval

 

When a conditional use requires the recording of a record of survey, planned development, or subdivision plat, an applicant shall take the final plat to the

Planning Commission for plat approval. The Planning Commission may forward a recommendation to the Town Council at the same time as the conditional use approval.

 

G.       Transferability

 

A conditional use permit is transferable with the title to the underlying property so that an applicant may convey or assign an approved project without losing the approval. The applicant cannot transfer the permit off the site on which the approval was granted.

 

Home Occupation Permits must be obtained before a dwelling unit may be used for business purposes.  It is granted only when the applicant has met and applied in writing to comply with all the conditions of the permit.  Therefore, each home occupation must be obtained by the appropriate applicant.

                       

H.        Expiration

 

Conditional use permits shall expire one year from the date of Planning Commission approval, unless substantial construction activity has commenced on the project. Substantial construction activity shall be evidenced by the developer obtaining building permits for the project (or for the first phase of a phased project). The issuance of a building permit is not evidence of substantial construction activity. Demolition permits do not evidence substantial construction activity. Whether construction has commenced or not, the Planning Commission may grant an extension of the conditional use permit for up to one (1) additional year when the applicant is able to demonstrate a legitimate need to delay the start of construction, such as inclement weather, delays in financing, or similar factors.  Extension requests must be submitted prior to the expiration and shall be noticed and processed with a public hearing the same as a normal conditional use permit (CUP).

 

I.           Appeals

 

Appeals of approval or denial of conditional use permits shall be to the Town Council pursuant to Chapter 1 herein.

           

11.4    Fee

 

The appropriate fee, as determined by resolution, shall accompany the application for any conditional use permit.

 

11.5    Expansion of a Conditional Use

 

No structure in which a conditional use is located may expand without the approval of the Rockville Planning Commission.  Before expanding, the applicant shall present to the Rockville Town Planning Commission a Conditional Use Expansion Plan following the standard conditional use process.

 

11.6    Inspection

 

Following the issuance of a conditional use permit for a use which requires a building permit, the Rockville Planning Commission shall approve an application for a building permit, and shall, through its designee, ensure that development is undertaken and completed in compliance with said conditional use and all other applicable codes and ordinances.

11.7    Revocation

 

A Conditional Use Permit may be revoked upon failure to comply with the conditions imposed with the original approval of the permit and the applicant shall be so notified of revocation by the Town of Rockville.  The permit may be reinstated upon determination by the Rockville Planning Commission that the cause for revocation has been corrected and that the applicant intends to proceed according to the plans approved at the time the permit was originally issued, or as they might have been properly amended during the period of the conditional use.  Revocation or reinstatement of a conditional use permit is the responsibility of the Rockville Planning Commission.

 

11.8          Commercial Film Production

 

11.8.1      Definitions

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Filming operations means those operations necessary to carry out motion picture filming, television filming, commercial advertising operations, and print media operations, along with all similar operations that use motion picture film, videotape, audio tape, or still photography.  Film operations shall include, but not be limited to, set construction, actual filming, rehearsals, and set tear down.  Specifically exempted:

 

A.          Individuals filming or videotaping exclusively for their own personal or family use.

 

B.         Employees of print or electronic news media when filming ongoing news events, although this exemption shall not apply to simulations or reenactments.                                     

 

C.         Bona fide student and/or faculty filming exclusively for educational purposes; provided, however the educational exemption shall not apply if the total number of persons working on the educational purposes film operations exceeds eight (8) in number.

 

11.8.2            Permit Required

 

11.8.2.1      Application

 

A.         Any person seeking the issuance of a production permit shall file an

application with, and on forms provided by, the town clerk prior to commencement of production.  The application shall be signed by an authorized and accountable representative of the applicant.              

 

B.        All filming operations, as defined in this article, taking place within the

Town limits, unless specifically exempted in this article            , shall require a filming permit prior to beginning filming operations.

 

C.        The application shall contain the following information:

 

1)        Location(s) of the production.

 

2)        Duration and type of the production.

 

3)        Proof of liability insurance coverage with the Town of Rockville named as an additional insured.  The amount of said coverage shall be as determined by the town clerk on a case by case basis.

 

4)        Special effects to be utilized, especially incendiary or explosive devices.  In addition, the application shall list the person in charge (pyrotechnician) of such special effects together with his/her qualifications and licensure by the applicable federal and/or state agencies.

 

5)        Proposed utilization of Town of Rockville equipment.

 

6)        Necessity for closures of public streets or sidewalks and for what duration.

 

7)        A written summary or explanation of the portion of the production to be shot within adjacent open spaces of the Town.

 

8)        Number and type of vehicles and/or equipment and number of personnel to be on location with the production.

 

9)        An agreement to pay for extraordinary services provided by the Town of Rockville.

 

10)    Execute a hold harmless/indemnification agreement for the benefit of the Town of Rockville.

 

11)    Assurance that the Town and all adjacent private property owners and tenants and other persons as may be directed by the Town of Rockville have been notified of the filming and arrangements made to cause the least disruption for the property owners and tenants as possible.

 

D.        The application shall contain a certificate, under oath, that the film

will not be a pornographic film.  Pornographic, for the purposes of this article, shall mean a film or tape of activities of one or more of the following:

 

1)        Depiction of human genitals in a state of sexual stimulation or arousal.

 

 

2)        Acts of human masturbation, actual sexual intercourse, sodomy, bestiality, and in a graphically sexual context the following: masochism, sadism or sadomasochism.

 

E.        Review

 

The Town shall review the application for a permit under this article for completeness and request clarification or additional information as necessary.  The Town shall also send copies of the application to the fire marshal for review and comment.  The Town Clerk may send the applications to other agencies which may have expertise on issues raised in the application for further review and comment.  Thereafter, the Town Clerk shall schedule the application for review by the Planning Commission, which shall review the application and approve, deny, or approve the application with conditions.

 

F.         Application Fee

 

An appropriate fee, as determined by resolution, shall accompany the application for any conditional use permit (refer to 11.4).  An additional permit fee (to be determined by the number of days of production), also set by resolution, shall be charged and paid prior to commencement of production.

 

11.8.3            Conditions for approval

 

A.          The Town of Rockville strictly prohibits the use of any profane language, profane acts, profane conduct or profane materials that are deemed to be a danger, threat or offense to the public health, safety and welfare by any federal or state regulation, statues or court decision.

 

B.         The Rockville Planning Commission shall determine whether filming operations can occur with the least amount of impact on the Town and what further steps the applicant must take to decrease any undesirable impact.  To this end, the Town may require crowd control measures, fire department services, or emergency medical services standby.  The applicant may also be required to provide assurances that locations used for filming shall be cleaned after operations cease and placed into a situation similar to what it was in prior filming operations.  A bond or other financial security may be required to be posted by the applicant, showing the Town as a payee, which the Town may use should the location not be cleaned satisfactorily.  The applicant shall also provide a general public liability insurance policy with the Town as an additional insured.  The general public liability insurance policy shall be taken out at a minimum amount of $300,000.00/$1,000,000.00 combined limit per occurrence for bodily injury and property damage.  The Town shall have authority to increase or decrease this coverage depending upon the scale of operations as described in the application.

 

 

 

11.8.4            Enforcement

 

The Town shall have the authority to shut down any filming operation proceeding without the benefit of a filming permit.  This article may also be further enforced in accordance with Section 1.27.  The Town is also authorized to bring a civil action in a court of competent jurisdiction to recover any costs that it incurs and which are not otherwise reimbursed by the applicant, which costs shall include a reasonable attorney’s fee to the prevailing party.