Rising Sun introduces zoning code recodification; public hearing set for early February

Town Administrator Bonneberger presented a proposed recodification and targeted amendments to the town zoning code at the Jan. 14 meeting and told the board staff will advertise the ordinance for a public hearing likely at the first meeting in February.

What the draft would do

- Move definitions currently scattered in the code into a single, newly created Article 2 so that zoning definitions are alphabetized and centrally located.

- Update state citations to reflect the current Maryland statutory framework (replacing references to "Article 66B" with the Land Use Article of the Annotated Code of Maryland).

- Lay conceptual groundwork for an Adequate Public Facilities Ordinance (APFO) to require developers to demonstrate sufficient utilities or school capacity, while acknowledging the town does not directly regulate school capacity, which remains a school‑district responsibility.

- Clarify certificates of occupancy: the draft makes clear that commercial properties and other non–single-family uses require inspection and that certificates of occupancy are not required for ordinary single‑family home transfers.

- Address rebuilding and nonconforming structures after catastrophic damage: the draft includes standards—such as structural engineering confirmation and potential Board of Zoning Appeals review—about when nonconforming buildings may be rebuilt in the original footprint.

Why it matters: The changes reorganize and clarify long-standing code language, improve consistency with state law and create procedural clarity for developers and property owners dealing with nonconforming uses or reconstruction after fire or other catastrophic loss.

Board process

Bonneberger told the board the planning commission reviewed the draft and submitted recommendations; the ordinance will be advertised for a public hearing. "We'll put this out for advertisement for a public hearing that will most likely take place on the first meeting in February," Bonneberger said. No final action to adopt the ordinance was taken at this meeting; the board heard the introduction and background.

Next steps

Staff will advertise the ordinance and accept public comment at the scheduled hearing; minor changes may be considered at that hearing, and any substantial amendment would return to the board for further action.