A.
Tables of dimensional requirements. The regulations for each district
pertaining to minimum lot area, minimum lot area per dwelling unit,
minimum lot width, maximum height, and minimum required yards shall
be as specified in the Table of Dimensional Requirements set forth
below.
[Amended 11-17-2022 by Ord. No. O-22-12]
Zoning Districts
| ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
R-LD
|
R-MD
|
R-HD
|
RV-1
|
RV-2
|
NC
|
TC
|
PC
|
MC
|
RC
| |||
A.
|
Minimum lot size (square feet except where noted)
|
10,000
|
7,500
|
5,000
|
7,500
|
7,500
|
7,500
|
7,500
|
7,500
|
7,500
|
20 acres
| |
B.
|
Average minimum lot area per dwelling unit (square feet)2
|
—
|
—
|
2,500
|
6,000
|
5,000
|
n/a
|
7,500
|
n/a
|
n/a
|
n/a
| |
C.
|
Minimum lot width (feet)3
|
75
|
50
|
50
|
50
|
50
|
50
|
50
|
50
|
50
|
150
| |
D.
|
Minimum front yard setback (feet)
|
15
|
15
|
15
|
15
|
15
|
10
|
10
|
10
|
10
|
25
| |
E.
|
Minimum side yard setback (feet)
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
8
|
75
| |
F.
|
Minimum rear yard setback (feet)
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
20
|
25
| |
G.
|
Minimum open space
|
40%
|
35%
|
35%
|
35%
|
35%
|
20%
|
20%
|
20%
|
20%
|
85%
| |
H.
|
Maximum building height (feet)
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
Notes:
| ||
---|---|---|
1
|
Lot areas must conform to State and County Health Department
requirements.
| |
2
|
The average lot area of all dwellings on the lot shall equal
or exceed that set forth above, provided that not lot is created with
a lot area less than 2,000 square feet. Dwellings in the TC District
are permitted within a building in combination with a permitted commercial
use.
| |
3
|
The minimum lot width for lots with single-family dwellings
without public water and sewer is 100 feet.
| |
4
|
For buildings in the designated 100-year floodplain, the building height may be measured from the flood protection elevation as defined in the Floodplain Management Ordinance (Chapter 149, Town Code).
|
B.
Buffer requirements for waterfront lots.
(1)
All waterfront lots created after the date of the Town Critical Area
Protection Program approval shall establish a minimum one-hundred-foot
Buffer from the mean high water line, all tributary streams, and from
the edge of all tidal wetlands, and a twenty-five-foot buffer from
the edge of all nontidal wetlands in the Critical Area District, except
as provided in other provisions of this chapter relating to Buffer
areas in the Town's Critical Area Ordinance. The Buffer areas established
hereunder shall be expanded 10 feet for a building restriction line,
unless otherwise established on a project-by-project basis.
(2)
The Buffer shall be expanded beyond 100 feet to include contiguous,
sensitive areas, such as steep slopes, hydric soils, or highly erodible
soils, whose development or disturbance may impact streams, wetlands,
or other aquatic environments. In the case of contiguous slopes of
15% or greater, the Buffer shall be expanded four feet for every 1%
of slope, or to the top of the slope, whichever is greater in extent.
C.
Lot area or yards required. The lot or yard areas required for any
new building or use shall not include any part of a lot that is required
by any other building or use to comply with the requirements of this
chapter. No required lot or area shall include any property, the ownership
of which has been transferred subsequent to the effective date of
this chapter, if such property was a part of the area required for
compliance with the dimensional requirements applicable to the lot
from which such transfer was made.
D.
Exceptions to minimum lot sizes and lot widths.
(1)
If two or more adjoining lots of record, one or both of which fail
to meet the requirements of this chapter with regard to lot area and/or
lot width, have continuous frontage and are in single ownership at
any time after the application of the provisions of this chapter to
such lots, and if such lots taken together would form one or more
lots, each meeting the requirements of this chapter with regard to
lot area and lot width, such lot or lots shall no longer be considered
nonconforming, and must be used in compliance with the lot area and
lot width requirements, irrespective of subsequent changes in ownership.
(2)
In any district in which single-family dwellings are permitted, subject to the provisions of Subsection D(1) above, if a lot which is of record prior to May 26, 1972, is insufficient as to lot area or lot width, a single-family detached dwelling may be constructed on such lot regardless of the requirements of this chapter with regard to lot area, lot width and setbacks, but conforming to all other regulations of the district in which such lot is located and provided that:
[Amended 9-11-2008 by Ord. No. O-08-7]
(a)
All health requirements are met;
(b)
In no case shall any side yard be less than 10% of the width
of the lot;
(c)
Within the Residential, Medium-Density (R-MD) Zone in such instances where the side yard setback required under Subsection A is reduced by the operation of Subsection D(2)(b), the maximum building height shall be the higher of 25 feet or the maximum height of any structure on an adjoining property on the side yard for which the setback was reduced. If both side yard setbacks are reduced under Subsection D(2)(b), and there is a structure on both of the adjoining lots on either side of the lot to be developed, then the maximum height limitation shall be higher of 25 feet or the average of the maximum height of the two adjoining structures. The height limitations of this section shall apply notwithstanding the maximum building height provided for by Subsection A, but shall only apply if the property owner takes advantage of the reduction in side yard setback(s) under Subsection D(2)(b).
(d)
In no case shall the depth of the rear yard be less than 10
feet.
(3)
On any nonconforming lot within any district in which single-family dwellings are permitted, a property owner may replace a single-family detached dwelling with another single-family detached dwelling without regard to the setback standards of § 290-19A, provided the following conditions are satisfied:
[Added 1-15-2015 by Ord.
No. O-14-21]
(a)
The application for construction of the new dwelling shall be
submitted at the same time as the application for demolition of the
existing dwelling.
(b)
The replacement dwelling is located on the same footprint as
the dwelling to be demolished or no closer at any point to any side,
front, or rear property line than the existing dwelling.
(c)
The height of the replacement dwelling shall be no greater than
the dwelling to be demolished, except that only such additional height
as may be required to adhere to the flood protection elevation as
defined by the Town's Floodplain Management Ordinance[1] is allowable up to but not exceeding the maximum building height required by § 290-19A.
(d)
Upon receipt of an application under the terms of this section,
the Zoning Administrator shall send written notice by certified mail
to the owners of property contiguous to and immediately across the
street from the subject property. Such written notice shall provide
such owners 10 days to submit written comments on the proposed plan
prior to any decision on the application.
E.
Front yard reduction. When there is an existing building on each
of two lots adjacent on either side to a lot on which a proposed building
is to be erected, where both such existing buildings have an alignment
nearer to the street line than the required front yard depth elsewhere
specified in this chapter, and when both such existing buildings are
within 100 feet of the proposed building, the average of the existing
front yard depths of such adjacent lots shall be the minimum required
front yard depth onto which the proposed building is to be erected,
provided that the above reduction shall not apply to any special exception
uses or to any construction in Buffer Areas.
F.
Permitted projections into required yards. Subject to Subsection J, the provisions of Subsection A shall not apply to fences or walls which are less than six feet above the natural grade nor to terraces, steps, or other similar features not over three feet high above the floor level of the ground story. Covered porches over 35 square feet or decks, whether covered or uncovered, shall not be permitted in the setbacks required by Subsection A. Subject to Subsections J and M, the setback requirements of Subsection A shall not apply to accessory signs and off-street parking spaces.
[Amended 2-16-2006 by Ord. No. O-06-3; 10-11-2006 by Ord. No.
O-06-12]
G.
Accessory buildings in side and rear yards.
[Amended 10-11-2006 by Ord. No. O-06-12]
(1)
Completely detached accessory buildings may occupy required side
and rear yards but shall not be located closer than five feet to any
side or rear property line.
(2)
In R-LD, R-MD, R-HD, RV-1, RV-2, and RPC Districts, self-supporting
decks of less than 500 square feet may occupy required side and rear
yards but shall not be located closer than five feet to any side or
rear property line. A deck is self-supporting if it is not reliant
upon a connection to the dwelling for structural support.
[Amended 3-16-2023 by Ord. No. O-23-2]
(3)
No outdoor storage shall take place in the required front yard, parking
or loading areas, or in the Buffer or any other buffer area unless
otherwise permitted in this chapter.
H.
Front and side yards of corner lots. On a corner lot, the street
side yard shall equal the required front yard for lots facing that
street.
I.
Rear yard requirements for triangular lots. In the case of a triangular lot with no rear lot line, the distance between any point on the building and corner of the lot farthest from the front line shall be at least twice the rear yard setback specified in Subsection A.
J.
Traffic visibility across corners. On any corner lot, no wall, fence,
or other structure shall be erected or altered, or no hedge, tree,
shrub, or other growth shall be maintained which may cause danger
to traffic on a street by obscuring the view. Visual obstructions
shall be limited to a height of not more than two feet above street
level within the triangular area bounded by the street lines and a
straight line drawn between points on each such street line 25 feet
from the intersection of said street lines.
K.
Walls not parallel to lot lines. Where a wall of a building is not
parallel with its corresponding lot line, the required width or depth
of any yard on that side of the building shall be taken as the average
width or depth, provided that said yard shall not be narrower at any
point than 3/4 of the required width or depth.
L.
Height exceptions to maximum regulations.
[Amended 2-7-2007 by Ord. No. O-06-17]
(1)
Church spires, chimneys, antennas, and other structures normally
built or located above the roof and not devoted to human occupancy
may exceed the height regulations of the district in which they are
located by one foot for every one foot of setback of the structure
(e.g., chimney, spire) from the closest side lot line.[2]
[2]
Editor's Note: Former Subsection L(2), regarding measuring
building height for multiple-family dwellings and commercial uses,
which immediately followed, was repealed 11-17-2022 by Ord. No. O-22-12.
M.
Design standards for townhouses and multifamily developments of three
or more dwelling units.
[Amended 7-20-2023 by Ord. No. O-23-16]
(1)
Setbacks between buildings.
(a)
Purpose. The purpose of setbacks is to ensure that residents
in the community and surrounding area will receive sufficient light
and air and will be able to maintain privacy and freedom from disturbances
within the area. However, the strict application of setback requirements
can discourage innovation and promote unnecessarily monotonous site
designs. Therefore, flexibility is incorporated into the following
provisions in order to enable designers to address the problems of
light, air, privacy and freedom from disturbance from traffic and
neighbors through the use of techniques other than setback requirements.
(b)
Basic requirements for building-to-building setbacks in townhouse
and multifamily buildings:
Description
|
Setback
(feet)
|
---|---|
Front building to front building
|
35
|
Rear building to rear building
|
50
|
Side building to side building
|
60*
|
Front building to rear building
|
75
|
Front building to side building
|
50
|
Rear building to side building
|
30*
|
Corner to corner
|
30
|
NOTE:
| |
*
|
A break between blocks of five or fewer units may be reduced
to a minimum of 15 feet, if the Planning Commission finds the reduction
is necessary to achieve better overall design or an improved arrangement
of open space.
|
(2)
Exceptions. If all the following conditions are met, building-to-building
setback requirements may be modified:
(a)
The Planning Commission finds that the reduction of building-to-building setbacks enhances open space for screening, buffering, or common use of the site, and is in compliance with Subsection M(1)(a).
(b)
Private outdoor spaces, if provided, are visually screened from
each other and from public travel ways (vehicular and pedestrian)
to a height of at least four feet. (To qualify, screening must be
permanent, year-round and require little to no maintenance.)
(c)
Windows of individual units do not directly face each other
unless a minimum of 25 feet is provided between windows.
(d)
At least one wall of each unit is provided with windows looking
onto a space at least 50 feet square (50 feet by 50 feet).
(e)
Each unit is designed to ensure adequate ventilation.
(f)
No distinction is made, in terms of exterior siding and trim,
between fronts, sides and rears of buildings.
(g)
The Calvert County Fire Marshal has reviewed the plan showing
the proposed building-to-building setbacks and has no adverse comments.
(3)
(4)
Building setback from adjacent property.
(a)
Purpose: to protect the privacy of existing residents; to provide
a visual transition between different housing densities and to help
ensure compatibility with the existing character of the neighborhood.
(b)
The minimum setback to any front, side, or rear lot line shall
equal the height of the building, or 30 feet, whichever is greater.
If variable roof heights are utilized, the average height of the building
at the boundary to adjacent property shall be used to establish minimum
setbacks.
(c)
Exception. The setback from front, side, or rear lot lines may be reduced to the minimum allowed in the zoning district where the project is proposed if the Planning Commission finds that the compatibility standards in § 290-22.1 are met and the reduction has no adverse impact on neighboring properties.
(5)
Size and scale and building mass.
(a)
To avoid monotonous linear development, townhouse and multifamily
developments shall be in small clusters designed as neighborhood units.
A cluster shall not include more than 50 dwelling units.
(b)
The number of townhouse units in a block shall be limited to
a maximum of six units.
(c)
The number of dwelling units in a multifamily building within the RV-2 District shall be limited to eight units except that the Planning Commission may approve a building with more than eight units, up to the maximum otherwise allowed by this chapter, upon a third-party evaluation of architectural design compatibility as authorized in § 290-22.1C(4) of this chapter.
(d)
Offsets at party walls and/or front and rear facades and/or
similar devices are required to visually reduce building mass and
create individualized spaces (courtyards, seating areas, etc.) for
both townhouse and multifamily projects.
(e)
Each story of the end units of a townhouse block or the side
of a multifamily building shall be articulated with windows and projections
(such as porches, bay windows, balconies, etc.) to avoid monotonous
blank walls.
(f)
Each unit of a townhouse development shall be provided with
accessory structures such as front porches, rear decks, patios, and
fencing that provide a unified presentation for the overall development
project and these shall be provided at the time of initial project
development.
(g)
To provide privacy, security, and safe play areas, each individual
townhouse unit will include rear and side yard fencing that shall
be compatible with any boundary fencing of the development.
(h)
Along with the required site plan, the developer shall submit
a landscape design plan prepared by a registered landscape architect
for Planning Commission approval which shall provide for an organized
and unified development and include renderings of proposed trees and
shrubs at full maturity.
(i)
The development shall provide variety in the architecture to
add interest and character and use high-quality building materials
to contribute to sustained quality and sense of permanence.
(j)
The development shall provide variety in the roof form, mass,
shape, and material changes to create variations in planes.
(k)
In areas with a relatively smaller scale character, the upper
levels of townhouse and multifamily buildings shall be stepped down
to bring them into compatibility with smaller scale buildings.
(l)
The development of larger complexes shall feature variations
in roofline, balcony placement, windows, and chimneys and where units
are clustered in one structure, they should have varying front setbacks,
staggered roof planes, and variety in orientation.
(m)
All roofs of townhouse and multifamily buildings shall be sloped
in a manner compatible with structures in the neighborhood but shall
not be less than 15%.
(6)
Parking.
(a)
Purpose: to ensure parking areas do not monopolize the overall
site development, that their impervious surfaces are minimized to
only that necessary, and they are integrated into the overall project
design.
(b)
Parking shall be located at the rear or interior of a development
site where possible and the placement of parking lots that front the
street shall be avoided, but, if approved, any portion of a street-fronting
parking area shall be set behind a minimum ten-foot-wide landscaping
strip and screened from the street.
(c)
Deciduous shade trees shall be planted, in protected parking
lot planting beds sized for the trees' mature sizes, at a minimum
ratio of one tree per seven parking spaces.
(d)
Multifamily and townhouse developments must include 2.5 parking
spaces per dwelling unit in addition to any required handicap accessible
parking spaces. If the Planning Commission finds that the specific
occupancy of the proposed project warrants a reduction in parking,
the requirement may be reduced.
(e)
On-site guest parking must be included in all multifamily and
townhouse developments with three or more housing units at a ratio
of a minimum of one space for every six parking spaces.
(f)
Tandem parking spaces are prohibited in townhouse and multifamily
developments.
(g)
Where on-street parking is readily available, after accounting
for existing use, or where such parking could be provided or enhanced
through developer improvements to the public street, the Planning
Commission may permit a commensurate reduction in the on-site parking
requirements that otherwise would have applied.
(h)
Snow storage areas shall be provided for snow cleared from parking
and driveway surfaces.
(i)
Townhouse or multifamily developments may allow for surface
parking or for parking below grade but shall not provide parking in
a structure above grade level.
(j)
For multifamily structures, parking at grade level may occupy
no more than 50% of the building's footprint.
(7)
Pedestrian accessibility.
(a)
Purpose: to promote walking and connectivity between housing
developments and their neighborhoods, and to ensure the safest and
most convenient routing for occupants and visitors including children
and individuals with disabilities.
(b)
Buildings shall present a facade that encourages interaction
between the buildings and the street by including entry features,
windows, and landscaping along the street sides of the building.
(c)
Sites shall have obvious and direct pedestrian accessways between
building entrances and adjacent streets/sidewalks, parking areas,
and open space features.
(d)
Front yards shall include an entrance sequence between the sidewalk
and the building including elements such as lawn, landscaped borders,
low fences and hedges, shrub plantings along the building wall and
porches.
(e)
Fences, signage, gates, bollards, planted areas, and topography
shall be used to assist and guide users in navigating the site in
a prescribed manner while similarly impeding or discouraging undesirable
movements within the property.
(f)
Development projects shall design and install a public sidewalk
along the full street frontage(s) of the site under the terms of a
Town public works agreement. The developer may be required to dedicate
land or pedestrian easements to the Town to meet this requirement.
(8)
Lighting.
(a)
Purpose: to ensure site lighting provides a safe and secure
housing community that respects the ambient light level conditions
and character of the neighborhood, and prevents glare, excessive light
levels and the intrusion of illumination from the site.
(b)
Photometric plans shall be provided for the entire site documenting
the proposed horizontal illumination on the site and the vertical
light trespass around the perimeter of the site. The plan shall reflect
adherence to the guidelines and recommendations of the Illuminating
Engineering Society of North America (IESNA) lighting handbook (most
current edition).
(c)
Parking areas and entry drives shall be illuminated to facilitate
pedestrian movement, safety, and security.
(d)
Pole lighting shall be placed to achieve maximum energy efficiency,
have a maximum height of 14 feet, and shall be shielded from the sky
(full-cutoff).
(e)
Pedestrian-scaled lighting (such as bollard lighting, step lighting
and pole-mounted lighting) shall be provided for all on-site walkways.
(f)
Accent and architectural lighting shall be used to highlight
special focal points such as building and site entrances and signage.
(g)
Building lighting may be placed on the side or rear of a multifamily
building only but shall be located below the eave line and no higher
than 14 feet from grade and shall be shielded from the sky (full-cutoff),
glare free, and shielded from adjacent properties.
(h)
Details and specifications on all site lighting fixtures and
poles shall be provided with the site plan and shall demonstrate that
the proposed lighting is architecturally integrated with the building
style, material, and colors.
(9)
Sustainability.
(a)
Purpose: to promote housing in arrangements and designs that
maximize energy efficiency and minimize impact to area water quality.
(b)
Site lighting fixtures shall be energy efficient, shall utilize
LED lamps for energy efficiency and long lamp life, and have photosensitive
timers.
(c)
Building orientation: Whenever practicable, building shall be
oriented within 20° of north/south axis, with 90% of south facing
glazing shaded from the sun at 12:00 noon on June 21 with overhangs,
awnings, vegetation, or automated shading devices, and unshaded from
the sun at 12:00 noon on December 21.
(d)
To the extent practicable, the floor plan of dwellings shall
be oriented on an east/west axis with daytime living portions related
to the sun to capitalize on natural light and passive solar heat.
(e)
The site's stormwater management system shall be designed
with an emphasis on stormwater infiltration, bioretention, and open
channel conveyance, with as little conventional piped conveyance as
possible.
(10)
The minimum tract size for townhouse or multifamily developments
shall be 20,000 square feet.
N.
Common open space requirements.
[Amended 2-7-2007 by Ord.
No. O-06-17; 11-17-2022 by Ord. No. O-22-12]
(1)
Purpose. Common open space shall be provided within all future residential
developments to preserve, protect and enhance the quality and value
of developed lands; promote the preservation of natural and scenic
areas; protect sensitive natural resource areas; for the natural retention
of stormwater and floodwaters; and to promote access to light, open
air, and recreational opportunities for the health and public welfare
of residents.
(2)
Identification. Common open space shall mean landscaped or undeveloped
land used for outdoor active and passive recreational purposes or
for critical area or resource land protection, including structures
incidental to these open space uses, including required buffers, but
excluding land occupied by structures or impervious surfaces not related
to the open space uses and yards required by this chapter.
(3)
A
minimum of 1,000 square feet per housing unit of common open space
shall be provided, and no less than 75% of such open space shall be
improved as a recreational area.
(4)
For
any proposed development of 10 dwelling units or greater, the development
plans shall provide details on the recreational amenities to be constructed
or installed by the developer in the common open space for Planning
Commission approval; such amenities shall be suited to the needs of
the residents of the development.
(5)
Common
open space shall be owned and maintained by a homeowners association
or similar entity.
(6)
No
part of the common open space requirement of this section shall be
satisfied through a payment of a fee-in-lieu of providing that space.
(7)
The
common open space requirement of this section applies to developments
with three or more housing units.
A.
General regulations applying to required off-street parking facilities.
(1)
Existing parking. Structures and uses in existence at the date of
adoption of this chapter shall not be subject to the requirements
of this section so long as the kind or extent of use is not changed,
provided that any parking facility now serving such structures or
uses shall not in the future be reduced below such requirements.
(2)
Changes in requirements.
(a)
Whenever there is an alteration of a structure or a use which increases the parking requirements according to the standards of Subsection B, the total additional parking required for the alteration, change, or extension shall be provided in accordance with the requirements of that subsection.
(b)
No open space in an automobile parking compound shall be encroached upon by buildings, storage or any other use; nor shall parking space be reduced in area, except upon approval of the Zoning/Public Works Administrator and then only after proof that, by reason of reduction in floor area, meeting area, or other factors controlling the regulation of such parking facilities, the proposed reduction in off-street parking space is reasonable and in accordance with the standards of Subsection B.
(3)
Conflict with other uses. No parking area shall be used for any use
that interferes with its availability for the parking need it is required
to serve.
(4)
Continuing character of obligation. All required parking facilities
shall be provided and maintained so long as the use exists which the
facilities were designed to serve. Off-street parking facilities shall
not be reduced in total extent after their provision, except when
such reduction is in conformity with the requirements of this section.
Reasonable precautions shall be taken by the owner of the particular
uses to assure the availability of required facilities to the customers,
employees, or other persons whom the facilities are designed to serve.
(5)
Joint use. Two or more uses may provide for required parking in a
common parking lot if the total space provided is not less than the
sum of the spaces required for each use individually. If one parking
lot serves several businesses with different parking characteristics
or businesses that operate with different hours, the total number
of parking spaces may be reduced by 20% by the Planning and Zoning
Commission.
(6)
Fractional spaces. Where the computation of required parking space
results in a fractional number, only the fraction of 1/2 or more shall
be counted as one.
(7)
Location of parking space. Required off-street parking spaces shall be on the same lot or premises with the principal use served or, where this requirement cannot be met, within 400 feet of the principal use served within the same district or on a lot abutting a Commercial District subject to the requirements of Article III, § 290-9. Parking for private residences in residential districts shall not be located within the front setback area between the principal structure and the street. A parking space in a garage or enclosed carport shall not be counted toward complying with the parking requirement for residential dwellings.
(8)
Off-street loading and unloading.
(a)
Off-street loading and unloading shall be provided especially
and specifically for the following purposes:
(b)
Dimensions of off-street loading and unloading areas. Each area
shall have the following minimum dimensions, exclusive of driveways,
entrances and exits:
(d)
The Planning and Zoning Commission may reduce by 20% any or
all of the requirements of this subsection or increase the minimum
requirements of this subsection when the public health, welfare and
safety of the Town or the Town's citizens or the peculiar circumstances
of the site so require.
(9)
Pedestrian and vehicular flow.
(a)
Site access.
[1]
Sites shall be designed to provide proper site access to ensure
traffic safety, pedestrian safety, and alleviate traffic congestion.
[2]
The Planning and Zoning Commission may approve or require one
or more than one additional accesses if access is deemed to be significantly
beneficial to the safety and operation of the road or the site or
in the instance of one access if only one access approach would be
a safety hazard or increase traffic congestion.
[3]
The Planning and Zoning Commission may approve or require additional
access when the parcel is bisected by steep slopes in such a manner
as to render some portion(s) of the property inaccessible without
additional road access.
[4]
In the event that the Planning and Zoning Commission requires
more information to determine traffic safety, pedestrian safety and
traffic congestion, the Planning and Zoning Commission may require
additional information from the applicant, including, but not limited
to, a traffic study.
(b)
Vehicular flow (on-site). Sites shall be designed to prevent
awkward or dangerous vehicular flow.
[1]
If a parking lot is adjacent to a road, a five-foot-wide median
must be provided. Exceptions to this rule may be in width or eliminating
the median in instances where the Planning and Zoning Commission determines
that a median or the width of the median is not feasible.
[2]
Room must be available to allow vehicles to back out of parking
spaces. Space for maneuvering incidental to parking shall not encroach
upon any public way.
(e)
The Planning and Zoning Commission may reduce by 20% any or
all of the requirements of this subsection or increase the minimum
requirements of this subsection when the public health, welfare and
safety of the Town or the Town's citizens or the peculiar circumstances
of the site so require.
B.
Table of parking requirements. Parking spaces shall be provided in accordance with the following schedule and subject to conditions contained in Article III, § 290-11. In all zones, either space for parking and storage of vehicles shall be provided or the applicant shall demonstrate to the satisfaction of the Planning and Zoning Commission that adequate parking is provided. Table 2 illustrates the uses and parking space requirements:
Table 2
| ||||
---|---|---|---|---|
Land Use Classifications
|
Parking Space Requirement
| |||
Residential Uses
| ||||
1.
|
Single-family detached
|
2/dwelling unit
| ||
2.
|
Single-family attached
|
2/dwelling unit
| ||
3.
|
Townhouse dwelling
|
2/dwelling unit
| ||
4.
|
Multifamily dwelling
|
1.5/dwelling unit
| ||
5.
|
Dwelling, accessory
|
1/dwelling unit
| ||
6.
|
Dwelling unit in combination with commercial use
|
*
| ||
Institutional, Recreational and Educational Uses
| ||||
7.
|
Churches and other places of worship, provided housing for religious
personnel shall meet the minimum requirements of Uses 1 through 4
as applicable.
|
1/4 seats in main assembly hall
| ||
8.
|
Public/Private schools
|
1/5 students + 1/staff**
| ||
a)
|
Elementary school
|
3/teaching station
| ||
b)
|
Middle school
|
3/teaching station + 1/6 seats in main assembly hall
| ||
c)
|
High school
|
3/teaching station + 1/4 seats in main assembly hall
| ||
9.
|
Home day care
|
1/staff
| ||
10.
|
Day-care center, nursery school, kindergarten or other agency
giving care to persons as a commercial operation
|
3/classroom
| ||
11.
|
Professional school, studio for music or art instruction, dancing
school, similar
|
1/5 students
| ||
12.
|
Library, museum, community center, adult education center or
similar open to the public or connected with a permitted use and not
conducted as a private business
|
1/500 square feet of gross floor area (GFA) + 1/staff
| ||
13.
|
Public building or recreational facility owned and operated
by Chesapeake Beach or other government agency
|
*
| ||
14.
|
Private club, lodge, dining club, yacht club not run as a private
gainful business
|
*
| ||
15.
|
Orphanage, nursing home, or other licensed establishment for
the care of aged, disabled, or convalescent persons, etc.
|
1/5 beds + 1/staff
| ||
16.
|
Group home
|
*
| ||
Office and Commercial Uses
| ||||
17.
|
Professional office in residence, physician, architect, lawyer,
similar
|
2/professional
| ||
18.
|
Office or clinic for medical or dental examination or treatment
of persons as outpatients, including laboratories incidental thereto
|
2/examining room
| ||
19.
|
Therapeutic massage
|
*
| ||
20.
|
Offices for business, professional, or governmental purposes
|
1/400 square feet GFA
| ||
21.
|
Artist's or photographer's gallery, studio
|
1/500 square feet GFA
| ||
22.
|
Retail establishments carrying one type of interrelated goods,
such as bookstore, gift shop, florists shop, etc.; adult bookstore
prohibited
|
1/350 square feet GFA
| ||
23.
|
Retail convenience stores and retail establishments carrying
commodities which tend to be purchased on a comparison basis, such
as food supermarket, department store, discount store, pharmacy, etc.
|
1/250 square feet GFA
| ||
24.
|
Personal services, including barbershops, salons, laundry, dry
cleaning (receiving stations), shoe repair, travel agency, insurance,
real estate, repair shop for bikes, watches, locks, etc.
|
1/250 square feet GFA
| ||
25.
|
Financial service, bank
|
1/300 square feet GFA
| ||
26.
|
Business services, printing, copying, contractors shop, plumbing
shop
|
1/400 square feet GFA
| ||
27.
|
Appliance and furniture repair, upholstery
|
1/400 square feet GFA
| ||
28.
|
Restaurant; drive-up/drive-through windows at fast-food restaurants
are prohibited
|
Equal to 30% of the legal seating/standing capacity of persons
| ||
29.
|
Tavern, nightclub
|
Equal to 30% of the legal seating/standing capacity of persons
| ||
30.
|
Bed-and-breakfast establishment
|
1/unit
| ||
31.
|
Rooming house, boardinghouse, lodging house
|
*
| ||
32.
|
Motel, hotel, tourist home
|
1/unit + 1/staff
| ||
33.
|
Entertainment and recreation facilities operated as a business
within a building, with the exception of an adult bar, restaurant,
or nightclub
|
1/250 square feet GFA
| ||
34.
|
Outdoor entertainment and recreation facilities operated as
a gainful business
|
*
| ||
35.
|
Animal hospital, veterinarian clinic
|
1.5/examining room
| ||
Automotive and Boat Service Uses
| ||||
36.
|
Nonresidential parking area located in a residential district
|
*
| ||
37.
|
Automotive service station
|
1/pump + 1/service bay + 1/staff
| ||
38.
|
Sale or rental of automobiles
|
1/300 square feet GFA
| ||
39.
|
Repair garage, including paint spraying and body and fender
work or car washing facility
|
1/service bay + 1/staff
| ||
40.
|
Marina, including fuel service for watercraft, boat storage
and repair yard, boat sales and service
|
3/5 boat slips; 5/boat ramp + 10/boat ramp (overflow-grass permitted)
| ||
Utilities, Communications, Transportation
| ||||
41.
|
Transformer station, structure housing switching equipment and
regulators, power transmission line right-of-way, radio, television
transmitter tower, cellular tower, etc.
|
*
| ||
42.
|
Bus station, intermodal transit center
|
*
| ||
Industrial Uses
| ||||
43.
|
Light industrial uses
|
1/2 staff
| ||
44.
|
Water-dependent processing, fishing activities
|
1/2 staff
| ||
45.
|
Warehousing and storage in association with marine commercial
activities
|
1/1,500 square feet GFA
| ||
Unclassified Uses
| ||||
46.
|
Customary home occupation (1 employee)
|
N/A
| ||
47.
|
Home occupation (maximum 2 employees)
|
1/staff + 3/physician or dentist
| ||
48.
|
Garage, yard, estate sale
|
N/A
| ||
49.
|
Carnival or similar transient enterprise
|
*
| ||
50.
|
Temporary building incidental to construction
|
N/A
| ||
51.
|
Dwelling for resident watchman
|
N/A
|
C.
Design standards.
(1)
The minimum dimensions of stalls and aisles shall be as follows:
(b)
Compact stalls. If more than 20 spaces are required, the owner/applicant
may designate up to 20% of the spaces as compact spaces, with a minimum
width of eight feet and length of 17 feet, subject to the Planning
and Zoning Commission's approval.
(c)
Handicap stalls. All uses shall provide handicap spaces at a
rate of one per each 25 required parking spaces or part thereof. Handicap
spaces are to be 12 feet wide by 18 feet long.
(d)
Boat ramp stalls. Spaces accompanying boat ramps shall be at
least 12 feet by 40 feet.
(2)
Parking areas shall be designed so that each motor vehicle may proceed
to and from the parking space provided for it without requiring the
moving of any other vehicle.
(4)
In no case shall parking areas for three or more vehicles be designed
to require or encourage cars to back into a public or private street
in order to leave the lot.
(5)
Parking areas associated with public, semi-public, commercial, or
industrial use shall have an all-weather surface designed to prevent
dust, erosion, or excessive water flow across streets or adjoining
property. All parking shall be located on a parking surface approved
by the Public Works/Zoning Administrator.
(6)
All lighting used to illuminate any parking space or spaces shall
be arranged so as not to cause a glare into abutting lots.
(7)
Establishments with drive-in facilities may, upon the approval of
the Planning and Zoning Commission, substitute stacking spaces on
a one-for-one basis for required parking, provided that a minimum
of six parking spaces are provided and the stacking is designed so
as to not impede normal vehicular flow on- or off-site.
(8)
All off-street parking lots and their access drives shall be at least
10 feet from any principal building;
(9)
No off-street parking aisle for motor vehicles shall exceed 180 feet
in length. Separate parking areas on a lot shall be physically separated
from one another, except for access drives or streets, by eight-foot
planting strips.
(10)
All parking facilities and site amenities shall comply with
the requirements of the Fair Housing Amendments Act of 1988 and the
Americans with Disabilities Act of 1990 regarding facilities for the
handicapped.
D.
Off-street loading spaces required. In any zone in connection with
every building or part thereof, having a gross floor area of 4,000
square feet or more, which is to be occupied by manufacturing, storage,
warehouse, goods display or sales, mortuary, or other uses similarly
requiring the receipt and distribution by vehicles of material or
merchandise, there shall be provided and maintained on the same lot
with such building or use at least one off-street loading space plus
one additional such loading space for each 10,000 square feet of gross
floor area or major fraction thereof. Each loading space shall be
not less than 10 feet in width, 45 feet in length, and 14 feet in
height. Such space may occupy all or any part of any required yard
or court, except a front yard. No such space shall be located closer
than 50 feet to any lot located in any R-LD, R-MD, R-HD RV-1 or RV-2
District, unless wholly within a completely enclosed building or unless
enclosed on all sides by a wall or uniformly painted board fence not
less than six feet in height.
[Amended 3-16-2023 by Ord. No. O-23-2]
E.
Minimum bicycle parking requirements by land use. Bicycle parking
shall be provided in accordance with the following schedule. In all
zones, either space for parking and/or storage of bicycles shall be
provided or the applicant shall demonstrate to the satisfaction of
the Planning and Zoning Commission that adequate bicycle parking is
provided for.
Land Use
|
Bicycle Parking Space Required
| |||
---|---|---|---|---|
Boardinghouses
|
2, or 1 per 10 units
| |||
Bed-and-breakfast, hotels, motels
|
2, or 1 per 25 employees
| |||
Retail sales, service operations
|
2, or 1 per 5,000 square feet GFA
| |||
Office buildings
|
2, or 1 per 5,000 square feet GFA
| |||
Museums, libraries, similar
|
4, or 1 per 3,000 square feet GFA
| |||
Churches, similar
|
1 per 50 members
| |||
Community centers
|
1 per 250 square feet GFA
| |||
Schools:
| ||||
a)
|
Elementary
|
1 per 10 students
| ||
b)
|
Middle and high
|
1 per 6 students
| ||
Indoor amusement
|
4, or 1 per 50 seats
| |||
Restaurants, ice cream shops, coffee shops
|
4, or 1 per 50 seats
| |||
Other commercial industrial/warehousing
|
2, or 1 per 50 employees
|
F.
Design of bicycle parking spaces. Bicycle parking spaces shall be
provided in accordance with the amounts required by Section 5-205
and with the design regulations in this section.
(1)
Each bicycle parking space shall be sufficient to accommodate a bicycle
at least six feet in length and two feet wide, and shall be provided
with some form of stable frame permanently anchored to a foundation
to which a bicycle frame and both wheels may be conveniently secured
using a chain and padlock, locker, or other storage facilities which
are convenient for storage and are reasonably secure from theft and
vandalism. The separation of the bicycle parking spaces and the amount
of corridor space shall be adequate for convenient access to every
space when the parking facility is full.
(2)
When automobile parking spaces are provided in a structure, all required
bicycle spaces shall be located inside that structure or shall be
located in other areas protected from the weather. Bicycle parking
spaces in parking structures shall be clearly marked as such and shall
be separated from auto parking by some form of barrier to minimize
the possibility of a parked bicycle being hit by a car.
(3)
Bicycle parking spaces shall be located near the entrance of the
use being served and within view of pedestrian traffic if possible,
and shall be sufficiently secure to reasonably reduce the likelihood
of bicycle theft.
(4)
Bicycle parking facilities shall not impede pedestrian or vehicular
circulation, and should be harmonious with their environment both
in color and design. Parking facilities should be incorporated whenever
possible into building design or street furniture.
(5)
Racks must not be placed close enough to a wall or other obstruction
so as to make use difficult. There must be sufficient space (at least
24 inches) beside each parked bike that allows access. This access
may be shared by adjacent bicycles. An aisle or other space shall
be provided to bicycles to enter and leave the facility. This aisle
shall have a width of at least six feet to the front or rear of a
bike parked in the facility.
(6)
Paving is not required, but the outside ground surface shall be finished
or planted in a way that avoids mud and dust. Bike parking facilities
within auto parking areas shall be separated by a physical barrier
to protect bicycles from damage by cars, such as curbs, wheel stops,
poles or other similar features.
A.
Purpose and intent. The purpose and intent of this section is to
preserve and promote the health, safety and general welfare of the
public; to facilitate the creation of an attractive Town; to conserve
natural resources, including adequate air and water; to conserve properties
and their values; and to encourage the appropriate use of land. More
specifically, this section is intended to make incompatible uses compatible
by requiring a screen or buffer between the uses in order to minimize
the harmful impact of noise, dust and other debris, artificial light
intrusion, and other objectionable activities or impact conducted
or created by adjoining or nearby uses. Additionally, this section
is intended to require the landscaping of certain parking lots in
order to reduce the harmful effects of heat and noise, and the glare
of motor vehicle lights; to preserve underground water reservoirs
and to permit the return of precipitation to the groundwater strata;
to act as a natural drainage system and ameliorate stormwater drainage
problems; to prevent soil erosion; and to provide shade and to enhance
the blighted appearance of parking lots.
B.
Applicability. The provisions of this section shall apply to all development where site plans are filed in accordance with the provisions of Article VI and to all public and private parking facilities.
C.
Landscaping requirements.
(1)
A landscaping scheme shall be submitted as part of every site plan required by the provisions of Article VI.
(2)
Such landscaping schemes shall include dimensions and distances and
clearly delineate all existing and proposed parking spaces or other
vehicle areas, access aisles, driveways, and the location, size and
description of all landscaping materials to be used.
(3)
The landscaping measures shall be completed according to specifications
prior to approval of any zoning and occupancy permit.
D.
Screening requirements. All developments for which site plans are filed in accordance with the provisions of Article VI shall be effectively screened on each side that adjoins a residential use. Required screening shall consist of a masonry wall or wooden fence not less than 72 inches high at the time of original planting. Where a masonry wall or wooden fence is utilized, a minimum twenty-four-inch landscaping strip outside the fencing shall be planted with clusters of trees and shrubs with a maximum spacing between clusters of 25 feet.
(1)
The required screening must be seven feet high at installation if
the adjacent property is currently residential and if a residence
is currently less than 100 feet from the property line.
(2)
The screen shall be capable of providing year-round screening.
(3)
Where noise is likely to be a factor, the screen shall be of sufficient
construction to be an effective noise buffer.
(4)
The screening shall be located so as to provide a maximum of visual
screening.
E.
Perimeter parking lot landscaping. All off-street parking facilities,
whether or not located on the same lot as the use to which they are
accessory, containing five or more parking spaces shall meet the following
perimeter landscaping requirements:
(1)
A landscaping strip five feet in width shall be located between the
parking facility and the adjoining lot lines.
(2)
A minimum of one shade tree for every 40 feet of lot perimeter shall
be planted in the landscaping strip. Deciduous shade trees with ground
cover or low shrubs shall be used as the primary landscape material.
(3)
On the landscaping strip adjacent to a street right-of-way, or to
an R-LD, R-MD, R-HD, RV-1, RV-2 or RPC District, a compact evergreen
hedge, an ornamental wall, or a wooden fence of not less than four
feet in height or greater than six feet in height is required to reduce
the visual impact of the parking facility.
[Amended 3-16-2023 by Ord. No. O-23-2]
F.
Internal landscaping of surface parking facility. Any surface parking
facility of 25 or more spaces shall be landscaped with shade trees
of not less than 5% of the internal area of the surface parking facility.
The internal area of a parking facility is defined by the perimeter
of the curbs or edge of paving. The planting area should be wide enough
to protect the trees from a vehicle's swinging doors and bumper overhang.
G.
Lighting in parking lots. Any lighting used to illuminate any parking
area shall be so arranged as to direct the light away from adjoining
premises located in an R-LD, R-MD or RPC Zoning District and from
public roads.
H.
Maintenance.
(1)
All plant material shall be tended and maintained in a healthy growing
condition, replaced when necessary and kept free of refuse and debris.
Fences and walls shall be maintained in good repair.
(2)
The owner, or his agent, shall be responsible for the maintenance,
repair and replacement of all landscaping and screening materials
as may be required by the provisions of this section.
A.
OFF-PREMISES SIGN
ON-PREMISES SIGN
SIGN
As used in this section, the following terms shall have the meanings
indicated:
A sign which directs attention to a business, commodity,
service, entertainment, home occupation, or other activity not conducted,
sold, or offered on the same lot.
A sign which directs attention to a business, commodity,
service, entertainment, home occupation, or other activity conducted,
sold, or offered on the same lot. A sign advertising exclusively the
sale, lease, rental or development relating to the lot on which it
is displayed shall be deemed an "on-premises sign."
Any structure, part thereof, or device attached thereto or
painted or represented thereon, or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, word,
model, banner, emblem, insignia, device, trademark, or other representation
used as, or in the nature of, an announcement, advertisement, direction,
or designation of any person, firm, group, organization, place, commodity,
product, service, business, profession, enterprise, or industry, which
is located upon any land, on any building, in or upon a window, or
indoors in such a manner as to attract attention from outside the
building.
B.
Intent and exemptions from the terms of this article.
(1)
No sign shall be erected, hung, placed, or painted in any district
except as hereinafter provided.
(2)
Tacking, painting, posting, or otherwise affixing of signs or posters
of a miscellaneous character on the walls of buildings, barns, sheds,
trees, posts, poles, fences, walls, or other structures, except as
provided for in this chapter, is prohibited.
(3)
No sign erected before the enactment of these regulations shall be
altered in any respect or moved, except in compliance with the provisions
of this chapter.
(4)
The residential districts include the R-LD, R-MD, R-HD, RV-1, RV-2,
and RPC Districts. The commercial districts include the NC, TC, PC,
and MC Districts.
[Amended 3-16-2023 by Ord. No. O-23-2]
C.
Word interpretation. For the purpose of this section and any other
sections relating to signs in this chapter, any of the following words
are intended to include any tense or to read with the prefix "re-":
affix, alter, attach, display, erect, hang, move, paint, paper, paste,
place, post, repair.
D.
Area of sign.
(1)
The area of a sign shall be construed to include all lettering, wording,
and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display
itself.
(2)
The area of a sign painted upon or applied to a building shall be
construed to include all lettering, wording, and accompanying designs
or symbols, together with any backing associated with the sign.
(3)
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall, or window, the area shall
be considered to be that of the smallest rectangle or other shape
which encompasses all of the letters and symbols.
(4)
In computing square foot area of a double-face sign, only one side
shall be considered, provided both faces are identical.
E.
Permit requirements for signs. No on-premises sign over four square
feet in area and no off-premises sign (except governmental sign) of
any size shall be erected, affixed, painted, hung, or otherwise displayed,
altered, or repaired, unless a permit therefor has been issued. No
permit shall be required for the repainting or repapering of a sign
which conforms to the provisions of this chapter. Signs on theaters
advertising changes in program shall not require permits except for
the initial installation thereof. All signs of any size must comply
with all the regulations contained herein, irrespective of whether
a permit is required.
F.
Signs permitted in residential districts.
(1)
On-premises signs.
(a)
Official traffic signs and other official federal, state, county
or Town government signs.
(b)
A sign indicating the name or number of the building or premises
or the accessory use of a dwelling for a home occupation, provided
that such sign shall not exceed two square feet in area; and that
not more than one such sign shall be erected on a property, unless
such property fronts on more than one street, in which case one such
sign may be erected on each street frontage.
(c)
A sign, if illuminated, shall be indirectly lit, and no flashing
lights or backlit signs shall be permitted.
(d)
Bulletin or announcement board or identification signs for schools,
churches, hospitals, and other principal uses and buildings other
than dwellings, provided that the area of any such sign shall not
exceed 12 square feet and not more than one such sign shall be placed
on property unless such property fronts on more than one street, in
which case one such sign may be erected on each street frontage.
(e)
Signs advertising exclusively the prospective sale or lease
of the land or building upon which such signs are displayed, provided
that the area of any such signs shall not exceed six square feet and
not more than one such sign shall be placed on a property unless such
property fronts on more than one street, in which case one such sign
may be erected on each street frontage. Such signs shall be removed
immediately upon final settlement or renting of a property.
(f)
A temporary sign advertising the development of the property
upon which it stands or the opening of a new subdivision, provided
that the area of any such sign shall not exceed 100 square feet, that
not more than one such sign may be placed on a property unless such
property fronts on more than one street, in which case one such sign
may be erected on each street frontage. Such signs shall be removed
immediately upon completion of the development or 18 months after
erection of the signs, whichever shall occur first.
(g)
Temporary contractors', architects' or building signs, provided
that the area of any such sign shall not exceed 12 square feet. Such
signs shall be removed immediately upon completion of the work or
18 months after erection of the signs, whichever shall occur first.
(h)
Traffic control and directional signs not exceeding two square
feet in area. Such signs shall not be illuminated, but may be of the
beaded reflector type. No advertising matter whatsoever shall be contained
on signs of this type.
(i)
Trespassing signs or signs indicating the private nature of
a road, driveway, or premises, provided that the area of any such
sign shall not exceed two square feet.
(j)
Temporary signs announcing a campaign, drive, or event of a
civic, philanthropic, educational, or religious organization. Such
signs shall not exceed 12 square feet in area and shall be removed
not more than five days after the event. Temporary signs shall not
be permitted for more than 60 days per year.
(2)
Off-premises signs: official traffic signs and other federal, state,
county, or Town government signs.
G.
Signs permitted in the commercial districts.
(1)
On-premises signs.
(a)
All signs permitted in Subsection F at the standards prescribed therein except as otherwise provided in this subsection.
(b)
Signs for permitted nonresidential uses, provided:
[1]
The aggregate area of all signs attached to or printed on a
building shall not exceed 10% of the area of the building face to
which they are attached and painted or 100 square feet, whichever
is less.
[2]
Freestanding signs identifying a single building or its business
or a shopping center in accordance with the following schedule:
Total Street Frontage
(feet)
|
Number of Signs Permitted
| |
---|---|---|
1 to 1,000
|
1
| |
Each additional 1,000
|
1
| |
The area of any freestanding sign shall not exceed one square
foot for each lineal foot of street frontage occupied by the use on
which or in connection with which the sign is to be erected, but in
no case shall the area of a sign exceed 100 square feet.
|
(2)
Off-premises signs.
(b)
Signs used for directing patrons, members, or audience to service
clubs, churches, or other nonprofit organizations, provided the signs
shall indicate only the name, emblem, meeting hours, address, and
direction of the facility, and shall not exceed four square feet in
area.
H.
General sign regulations.
(1)
No sign shall project more than three feet above the roof or more
than 14 inches out from the wall to which it is attached. Signs not
exceeding four square feet in area may be placed perpendicular to
a building face if attached to and below a canopy projection from
said building.
(3)
Signs shall not exceed the height limit permitted in any district
in which they are located. The maximum height for freestanding signs
shall be 20 feet.
(4)
Signs shall not obstruct any window, door, fire escape, stairway,
or other opening intended to provide light, air, ingress to, or egress
from any building or structure.
(5)
No sign shall constitute a public safety and traffic hazard, such
as by obstructing traffic signals, road warning signs, street name
signs, or the full view of the traffic in all directions. Lighting
devices shall be shielded so that they do not shine directly into
a public street or highway or into a residential district.
(6)
All signs, except temporary signs, shall be constructed of durable
material and kept in good condition and repair. Whenever a sign becomes
structurally unsafe or endangers the safety of a building or premises
or the public safety, in the opinion of the Public Works/Zoning Administrator,
he/she shall order that such sign be made safe or removed. Such order
shall be complied with within five days of receipt thereof by the
person, firm, or corporation owning or using the sign or the owners
of the building or premises on which such unsafe sign is affixed or
erected.
(7)
Nonconforming signs, once removed, shall be replaced only with conforming
signs; however, nonconforming signs, if not removed, may be repainted
or repaired, provided such repainted or repaired sign does not exceed
the dimensions of the existing sign, and provided no change is made
in the general wording or content of the sign.
(8)
Signs, including portable and temporary signs, directing patrons,
members, or audience to temporary exhibits, shows, or events, are
permitted subject to the following requirements:
(a)
No such sign shall exceed 12 square feet in area.
(b)
Signs shall be removed within five days after the date of the
exhibit, show, or event.
(c)
No such sign shall be posted earlier than two weeks before the
occurrence of the event to which it relates. Signs shall be permitted
for more than 60 days per year.
(d)
Failure to remove such signs within the time prescribed shall
result in the Town having the sign removed at the owner's expense.
(9)
Signs shall be removed when the business, enterprise, etc. advertised
ceases to exist, or at the expiration date specified in the permit
for erection; removal shall be the responsibility of the owner of
the property on which the sign is located.
(10)
No sign shall have moving parts or project any intermittent
or flashing illumination.
(11)
No sign shall be displayed which uses the words "Stop" or "Danger"
or presents or implies the need or requirement of stopping or the
existence of danger as part of an advertising sign.
(12)
No sign shall be permitted which contains statements, words,
or pictures of an obscene character.
(13)
No signs shall be placed on rocks, tree, or on poles maintained
by public utilities.
(14)
All portable signs shall be limited as follows:
(a)
Hot air balloons and searchlights are allowed for promotions
only, not to exceed 72 hours in a year.
(b)
Pennants and banners (with no words or advertising) are permitted
for display periods not to exceed 14 days prior to an event, and not
to exceed 30 days per year.
(c)
One sandwich-type (A-frame) sign is permitted per business on
premises, subject to the following:
[Added 7-20-2023 by Ord. No. O-23-17]
A.
Purpose and defining criteria. The purpose of applying standards
and requiring findings of compatibility is to ensure that the site
plannings, building design, and landscape features of new development
complement the neighborhood within which they are proposed. These
standards should promote historic and environmental features related
to our unique natural setting, as outlined in the Town's Comprehensive
Plan. Compatibility is achieved when adjacent land uses differing
in function, scale, and intensity complement the surrounding neighborhood.
B.
Applicability.
(1)
The provision of this section shall apply to proposed developments
requiring site plan approval.
(2)
In the review of Category 1 site plans, the Planning Commission
shall make findings with respect to a development's consistency
with the compatibility standards in this section.
(3)
In the review of Category 2 site plans for single-family detached
houses, the Planning and Zoning Administrator shall make findings
with respect to a development's consistency with the compatibility
standards.
(4)
The approving authority shall find that each of the compatibility
standards is met prior to approving a site plan.
C.
Administration.
(1)
The Planning Commission shall take into consideration each of
the following in its evaluation of compatibility:
(a)
Each standard is accompanied by a statement of explanation to
be used by the Planning Commission (or Zoning Administrator) as guidance
in applying the standard.
(b)
Some standards may have greater importance and appropriateness
to particular development sites and surrounding conditions than other
standards.
(c)
In this section the term "neighborhood" means the area adjacent
to and extending from the proposed development site to a definable
boundary, which may be a major street, an area of significant land
use change, or a major natural feature that visually separates one
area from another. The Planning and Zoning Administrator shall provide
the Planning Commission with a recommendation as to the boundaries
of the neighborhood for the application of the compatibility standards.
(d)
Neighborhood context is essential for the application of the
standards but the absence of a specific precedent for a proposed development
project within the neighborhood shall not be a basis for discounting
the standard or for finding the developer has not met the standard.
(2)
Compliance with compatibility standards shall not be grounds
for failing to meet the minimum development requirements and other
regulations of this zoning ordinance.
(3)
Upon establishing findings with respect to each compatibility
standard, the Planning Commission may direct that revisions be made
to the proposed development for its further review and may approve
a site plan on the condition that such revisions be made.
(4)
For any multifamily housing development with greater than eight units in a building, or any nonresidential building exceeding 10,000 square feet in size, the Planning Commission is authorized to retain the services of a third-party architectural design review by a Maryland registered architect of the project's adherence to the compatibility standard in Subsection D(6) below; the cost of such review shall be borne by the developer.
(5)
Every application should include a thorough analysis of existing
conditions on and adjacent to the site. Analysis should include a
careful evaluation of physical properties, special issues at the location,
neighboring environment, natural features, and visual character.
D.
Compatibility standards. The development of a property shall be designed
to achieve the following compatibility standards and the Planning
Commission shall establish written findings with respect to each of
them:
(1)
The general arrangement and orientation of proposed building(s)
and site improvements are patterned in a similar manner and in harmony
with those in the neighborhood.
(a)
Explanation statement for administrative guidance: The development
patterns of a neighborhood are characterized by street layout, lot
size and configuration, building orientation, natural terrain, and
vegetation (most notably trees). New developments should respond to
and integrate such components from the neighborhood into the site
design and continue established street patterns by connecting street
where possible, arrange lots and building layouts to reflect adjacent
buildings, and incorporate natural terrain, vegetation, and pleasant
views.
(2)
Building and parking layouts reinforce existing building and
streetscape patterns and assure that the placement of buildings and
parking lots have no adverse impact on the neighborhood.
(a)
Explanation statement for administrative guidance: A neighborhood
street provides an organization of building forms and open spaces
that create predictable patterns referred to here as "rhythm." Such
rhythm is created by the intervals between buildings and open spaces
and is thus influenced by the length of buildings, the width of side
yards, and the placement of open areas. The established rhythm should
be protected to the extent possible and, where variations in the rhythm
might occur through the placement of different building forms or open
spaces, transitions should be gradual. Transitions from one rhythm
to another should not disrupt the overall appearance of the neighborhood
as seen along the street.
(3)
The open spaces of the proposed development reinforce the open
space patterns of the neighborhood in form and siting and complement
existing open spaces, parks, forested buffers, and preserved spaces.
(a)
Explanation statement for administrative guidance: Open spaces
on a development site can reinforce the neighborhood's arrangement
by providing a focal point or landscape setting for significant structures,
views, or activities, by containing recreational features, or by connecting
the project to the larger neighborhood through green spaces or a community
trail buildings, parking lots, and circulation routes on a site can
be organized to create meaningful on-site open spaces and landscape
areas that enhance design quality and integrate the site into the
neighborhood.
(4)
Significant features of the site including but not limited to
distinctive buildings, forested buffers along roadways, or scenic
vistas are elements to be preserved in the design of sites, not to
be obstructed or minimized through the placement of buildings, structures,
or vegetation.
(a)
Explanation statement for administrative guidance: Prominent
buildings and site features provide reference points and contribute
to the overall aesthetic quality and identity of a neighborhood. These
may be located on the development site itself or may be viewable through
the site. Either way, significant features should be incorporated
into the proposed site design and retained to the greatest extent
possible.
(5)
The proposed landscape design complements the neighborhood's
landscape and streetscape patterns and reinforces its functional qualities.
(a)
Explanation statement for administrative guidance: The term
"landscape" here means the visible features of an area and how they
integrate with natural areas, streets, and buildings. In considering
landscape, such factors as the patterns of front lawns, the buffering
of buildings with vegetation, the amount of open space on lots, the
density and placement of trees and shrubs on a lot, the use of foundation
plantings along buildings, and use of street trees. A neighborhood
may have a landscape appearance that distinguishes it from other areas.
The use of species is recommended in the landscape design.
(6)
The proportions, scale, massing and detailing of the proposed
buildings are in proportion to those existing in the neighborhood
such that the overall effect of new development is to support and
reinforce the architectural setting of the neighborhood.
(a)
Explanation statement for administrative guidance: A cohesive
and orderly relationship between existing and proposed buildings can
be accomplished when new development uses predominant architectural
characteristics from the neighborhood. The overall effect of new buildings
should support and reinforce the architectural setting of the location.
The intent of this standard is not to require that existing building
styles be copied.
(b)
"Proportion" refers to the relationship between elements within
a composition such as the relationship between windows and the wall
"scale" refers to the size or extent of a building or its elements,
relative to something else, usually its site or the buildings nearby.
"Mass" refers to the physical form of a building and the extent to
which it appears solid. "Massing" refers to strategies that break
down something massive by inserting voids that create relief, by adding
elements that project a lighter element in front of a more massive
one (a building wall), or by using materials and architecture details
to break down a building into component parts that are more readily
appreciated. Scale, proportion, and massing do not imply making one
thing "the same" as another. In applying this standard, it is correct
to ask: is the arrangement of the proposed building elements comparable
to that seen on other buildings.
(7)
Exterior signs, site lighting, and accessory structures support
a uniform architectural theme and present a harmonious visual relationship
with the surrounding neighborhood.
(a)
Explanation statement for administrative guidance: These elements
of site design need to be coordinated with each other and with the
neighborhood generally. Uncoordinated site improvements create visual
clutter and are difficult to integrate with the neighborhood. Discernment
in the selection, placement, and use of on-site improvements and accessory
structures must be used to avoid damage to the aesthetics of the neighborhood.