Permitting Toolbox: Planning and Zoning

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• What is zoning?

  Zoning is the public regulation of land use. It involves the adoption of ordinances that divide the City into various districts or zones. Each district allows certain uses of land within that zone, such as residential, commercial, or industrial. Zoning regulations address such features as building height, bulk, lot area, setbacks, parking, signage, density as well as many other land use issues.

• How do I obtain information about my property’s zoning?

  The official zoning maps are located in the Planning and Zoning office but the zoning map book is on the City’s Website. Once you have the zoning you can look up the regulations in the City Code, which can also be found online. Also, there are planners in the Department of Planning and Zoning who are available to answer your questions about your property and site-specific regulations.

• Where can I obtain a copy of the zoning map book?

  The zoning map book is updated annually and is available for purchase from Freestate Press. You can call them at 410-269-1484 to place an order. The Zoning Map Book and the Zoning Code can also be printed from the City’s Website.

• What is the difference between a residential zone and a commercial zone?

  Residential zones are dominated by residences and their accessory structures as well as religious, cultural, and educational institutions. Commercial zones are dominated by a variety of retail, office, food, and beverage establishments and service facilities. In both zoning types there are many uses which are subject to a set of standards. A full listing of uses in each zone can be found in Section 21.48 of the City Code.

• What is a setback?

  "Setback" means the minimum horizontal distance between a lot line or public street right-of-way and the nearest point of a structure or projection of that structure. See example below:

  Setback image

• What are setback requirements for dwellings and storage sheds?

  Under the most commonly designated residential zone of R2, a single family detached dwelling (as a principal structure) shall be set back at a minimum of 25 feet from a front property line, 30 feet from a rear property line, 6 feet from an interior line and 15 feet from a corner line (for a corner lot). Sheds and detached garages are considered to be accessory structures and have setbacks of not less than 30 feet from the front line, 6 feet from the interior side line, 2 feet from the rear, and 15 feet from a corner side line, though the height of an accessory structure also determines setbacks. Setback requirements are listed in Chapter 21.50, Bulk Regulations Tables of the City Code.

• What is an administrative adjustment?

  An administrative adjustment is the determination by the Department of Planning and Zoning to vary the regulations of the Zoning Code upon finding that the specific standards it outlines are met. Permitted administrative adjustments include reduced setbacks; increased distance of off-site parking; and increased lot coverage. An administrative adjustment can be granted for not more than 20% of specific requirements by the Department of Planning and Zoning.

• What is a variance?

  A variance is a process through which setbacks and other zoning requirements can be reduced by as much as 100%. Variances are acted upon by the Annapolis Board of Appeals after the Board holds a public hearing. Variances cannot be granted to allow land uses not permitted in a zoning act.

• What is a Use and Occupancy (U&O) Permit?

  If you want to use or occupy vacant land, to change the use of an existing building, or to enlarge a use that affects its parking requirements, you will need to obtain a use and occupancy permit. An inspection will be scheduled to determine if the building meets current Code requirements as well as to determine if the proposed land use is in accordance with the constraints of its zoning. Once the use has been approved and the Code requirements have been met, you may then occupy the location. This applies to residential as well as commercial buildings.

• I am purchasing an existing business in a building which seems state-of-the-art. Why should I obtain a Use and Occupancy (U&O) Permit?

  Applying for a use and occupancy permit helps bring your building up to Code, protects your investment and reduces your liability. For example, if you purchase a business without a use and occupancy permit, and later discover it needs significant work to bring it up to Code, you will be fully responsible. If you obtain a use and occupancy permit you will be aware of the Code requirements before you occupy the building. Also, the City tracks new businesses through reports generated from U&O permits.

• What does “Critical Areas” under zoning mean?

  All property within 1,000 feet of a shoreline of the Chesapeake Bay and its tributaries lies within the “Critical Area.” These areas have been identified by State law and under Annapolis zoning. They are classified as restricted for development, mainly in terms of the maximum amount of “impervious surfacing,” which may be constructed on a zoning lot, though there are other environmental restrictions that must be met. (An impervious surface is one which does not have a vegetative cover with a natural soil substrate or a stormwater management reservoir.) These regulations are in the form of an overlay zone which applies to a property in addition to those regulations of its underlying zoning classification.

• What zoning approval is needed to operate a business in Annapolis?

  The Zoning Code requires that a use and occupancy permit (U&O) shall be approved and issued authorizing the use of any building or land in accordance with the constraints of its zoning. A U&O permit, along with any relevant building permits, must be filed with DNEP. The premise is then inspected by various City agencies before a permit can be issued. In some cases permits to allow certain businesses, depending on the zoning district, may be subject to a public hearing and/or site design approval process.

• My client would like to purchase a commercial building in downtownAnnapolis. What is the first thing they should do?

  Contact the Department of Planning and Zoning to discuss your intentions, whether the specific use is permitted, and any related zoning issues. If the building is in the Historic District then it may require Historic Preservation Commission review as well. After discussion with Planning and Zoning, they should make arrangements with DNEP to discuss Building Codes and Fire Marshal requirements.

• Can I operate a business from my house?

  A home occupation is permitted by the Code under very specific guidelines. The principal intent of the regulation is to ensure that the main use of a property is for dwelling purposes and does not impact the surrounding neighborhood, or daily life. The business use must be clearly subordinate to the residential use. Any proposed home occupation use must receive prior approval from the Planning and Zoning office.

• Are temporary signs or banner signs permitted in the City?

  Signage is controlled by the specific district of a site and requires approval and issuance of a sign permit before installation. Portable signs are not permitted. In some cases temporary banner signs can be used as long as they meet all required standards. Temporary banners, or signs do require written approval from the Director of Planning and Zoning.

• Are off-site signs permitted?

  No. The Zoning Code permits advertising, identification and/or directional signs only on the site proper of a business or land use in accordance with that zoning district’s specific signage regulation.

• I have a client interested in opening a restaurant or opening any otherbusiness which would require a public hearing process. I s there a person whocan explain the entire process and act as liaison for the business to the City departments?

  Restaurant questions should go the Planning and Zoning Department at 410-263-7961. If alcohol will be served, contact the City Clerk, at 410-263-7942.

• Sometimes lending institutions need “market” information before they arewilling to make a loan on a project. Where is such information available?

  The Planning and Zoning Department and the Office of Economic Development are the main resources for all census information and employment information as well as some information related to current local market conditions. Census information can be found here.

• Does the City track new businesses that locate in Annapolis?

  Yes. The Department of Planning and Zoning tracks Use and Occupancy permits and the Office of Economic Development uses them to prepare a Monthly Business Report that quantifies new businesses, franchises, expansions and re-locations within the city. This information is distributed to all department directors and city council members. The information is available to the public if it is requested.

• If a project requires a public hearing, is it a good idea to contact a community association representative and where is such information available?

  Yes. The updated listing of community association presidents is available in the Department of Planning and Zoning or the Office of Public Information. The community association president will advise your client whether or not a presentation at an association meeting would be helpful or necessary.

• I have a client interested in a vacant lot located downtown on CompromiseStreet and he wants to build a four story multi-family building. Is this useacceptable?

  Some sections of Compromise Street are not zoned for multi-family dwellings, but duplexes are permitted. Contact Planning and Zoning to see if the vacant lot in question is a part of one of these sections. Also, since Compromise Street is in the Historic District, approval from the Historic Preservation Commission is also required.

• What is a Planned Development?

  A Planned Development allows greater flexibility than is generally possible under conventional zoning district regulations. This is done in order to encourage more creative design, to protect significant natural resources, and to promote development that is compatible with the goals of the Comprehensive Plan. There are three types of planned developments: residential planned developments, business planned developments, and special mixed planned developments.

• What is a Non-Conforming Use?

  “Nonconforming use” means a principal or accessory use lawfully established prior to the effective date of the Zoning Code, or an amendment to the Zoning Code, that does not conform to the use regulations of the Zoning Code in the zoning districts in which such use is located.

• I want to apply for an administrative adjustment as well as a non-conforminguse while I am in the Planning and Zoning office. Which forms should I use?

  The Department of Planning and Zoning has consolidated many of the applications into one form called the Development Process Application. It also lists the fees for the various processes. Also, review City Code Chapter 21.68 which relates to Non Conforming Uses and Structures.

• I am interested in learning more about annexation. Is there a person I cancontact to answer my questions?

  Yes, any staff person in the Department of Planning and Zoning, 410-263-7961.

• What is a Moderately Priced Dwelling Unit (MDPU)?

  An MDPU is a housing unit that has a sales price affordable to households with moderate incomes. The City of Annapolis wants to ensure that housing options continue to be available to its low and moderate income residents and employees. To achieve this goal, the Annapolis City Council passed the Moderately Priced Dwelling Unit Law in 2004. The law requires that 12% of the houses for sale in new subdivisions of ten or more units or 6% of new rental units must be moderately priced dwelling units (MPDUs), i.e., affordable to moderate income households.

• Where do I get an application for the MDPU program?

  Applications can be downloaded from the MDPU webpage at, picked up from the Planning and Zoning office located at 159 Duke of Gloucester Street or mailed to you upon request. If there are any questions that you have which cannot be answered by the MDPU webpage call the Planning and Zoning Department at 410-263-7961.

• I am a developer who wants to build a subdivision greater than ten units. Are there any incentives to build MPDU dwellings?

  If your development meets all the requirements in the City Code than you shall be entitled to a density bonus of 15% for sale-housing and 10% for rental housing above the maximum amount permitted in a zone. The Director of Planning and Zoning shall allow a tolerance of up to 20% of the requirements in Title 21 that are applicable to a development. These requirements may include, but are not limited to, lot size, yards, height, and building bulk, parking, and loading.

• I am a developer and my first MDPUs are nearing completion. I want to startmaking them available to MDPU clients. What should I do?

  No later than ninety (90) days before you expect the first MDPUs to be available, you should negotiate and submit an “MDPU Offering Agreement” to the Department of Planning and Zoning. As part of the negotiations, the MDPU staff will work with you to set the allowable sales price for the MDPUs.

• How do I make the units available to MDPU buyers?

  If necessary, the MDPU staff will schedule a lottery for eligible MDPU certificate holders. This will usually occur three weeks after your offering agreement has been approved. This lottery will produce a list of names of certificate holders who you must contact to offer the MDPUs for sale. If no lottery is needed, the MPDU staff will notify certificate holders of availability.

• I would like to do some renovations to my house. Are there any programs that can assist me?

  Yes. The Office of Community Development administers a Single-Family Rehabilitation Loan Program. Various loans are budgeted by the Department of Housing and Urban Development (HUD) and are available to eligible homeowners. The program addresses major systems deficiencies and corrects those conditions which are hazardous or may endanger the health and welfare of the occupants. Please contact the Department of Planning and Zoning to see if you are eligible for the program.

• If I wish to donate land to the city for conservation or open space purposes,what is the process?

  Contact the Department of Planning & Zoning and speak with the Director.

• What does APFO mean?

  APFO is an acronym for Adequate Public Facilities Ordinance. All building permits, site design plans, and future development plans must be reviewed in accordance with the city’s APFO. Specific requirements must be met before plans are approved.