A.
These regulations are applicable to all developments within the Town
of Bel Air. The regulations are designed to preserve the environmental,
aesthetic and functional values of the Town while improving services,
creating more accessible land use patterns, reducing traffic congestion
and improving mobility.
B.
Regulations governing parking and loading, landscaping and performance
standards for specific uses are stipulated in this article. These
regulations are intended to improve security, increase efficiency
of parking facilities and to encourage alternative modes of travel
to reduce traffic and parking issues.
A.
Purpose. The purpose of this section is to ensure provision of adequate,
safe, convenient, aesthetically pleasing parking facilities, while
minimizing the negative visual impacts of parking, service and loading
facilities. Further, these regulations are intended to achieve the
following goals and objectives:
(1)
To regulate the number of required off-street parking spaces for
the needs and safety of occupants, customers, visitors or others involved
in use or occupancy of any building, structural improvement or place
of assembly to eliminate the unnecessary use of the surface street
system for parking purposes.
(2)
To support the state's smart growth goals by minimizing the area
used for parking, thus minimizing runoff and other environmental impacts.
(3)
To provide shared parking options for different but compatible uses.
B.
Parking space required.
[Amended 4-3-2017 by Ord.
No. 780-17]
(1)
A sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to a specific use shall be provided in all zoning districts. Parking requirements are specified for particular uses in Subsection H of this section. Issuance of any building permits or use and occupancy certificates shall not be granted until a plot plan showing such off-street parking as is herein required is submitted and approved by the Zoning Administrator. The number of parking spaces required shall be based on the net or gross floor area as defined in Article XIV depending on the use.
(2)
Retail and service uses in the B-2 District which do not exceed a
requirement 50 spaces per property are exempt from minimum parking
requirements. All other uses must meet minimum requirements for parking.
(3)
When determination of the number of parking spaces requires results
in a fractional space, any fraction of 1/2 or less may be disregarded,
while a fraction in excess of 1/2 shall be counted as one parking
space.
(4)
The Town recognizes that the parking requirements contained herein
cannot cover every possible situation that may arise. Therefore, in
cases not specifically mentioned herein, the parking requirement of
the use most similar to the enumerated use shall apply. No building
permit or use and occupancy certificate shall be issued until the
parking need has been evaluated and requirements satisfied.
(5)
Shared parking facilities may be permitted by the reviewing authority
for different uses within an individual building or adjacent buildings
or properties located within 500 feet of the subject property's boundaries
based on a parking impact study provided by the developer(s) or owner(s)
establishing that the estimated peak demand for parking required by
the users will be satisfied due to differing hours of peak demand.
If approved, a shared parking plan shall be enforced through written
agreement.
(a)
Agreement for shared parking plan. An attested copy of the agreement
between the owners of the parking lot property, the entity utilizing
the parking and the Town shall be submitted to the Zoning Administrator,
who shall forward a copy to the Town Attorney for review. Proof of
recordation of the agreement shall be presented to the Zoning Administrator
prior to issuance of a certificate of occupancy. The agreement shall:
[1]
List the names and ownership interest of all parties to the
agreement and contain the signatures of those parties;
[2]
Include a site plan showing the area of the parking parcel;
[3]
Describe the area of the parking parcel and designate and reserve
it for shared parking unencumbered by any conditions which would interfere
with its use;
[4]
Agree and expressly declare the intent for the covenant to run
with the land and bind all parties and all successors in interest
to the covenant;
[5]
Ensure the continued availability of the spaces for joint use
and provide assurance that all spaces will be usable to all participating
uses;
[6]
Describe the obligations of each party, including the maintenance
responsibility for the parking area and any open space.
[7]
Incorporate the parking impact study by reference; and
[8]
Describe the method by which the covenant shall, if necessary,
be revised.
(b)
Change in use. Should any of the shared parking uses be changed,
or should the Zoning Administrator find that any of the conditions
described in the approved parking impact study or agreement no longer
exist, the owner shall have the option of submitting a revised parking
impact study and an amended shared parking agreement in accordance
with the standards of this subsection, providing the number of spaces
required for each use as if computed separately or paying the parking
fee-in-lieu costs, if applicable.
(c)
Revocation of permits. Failure to comply with the shared parking
provisions of this subsection shall constitute a violation of this
Code and shall specifically be cause for revocation of a certificate
of occupancy.
(6)
Accessory uses to an existing permitted use that are seasonal in
nature and do not operate for more than six months of the year are
not required to provide parking provided they do not exceed 75% of
the capacity of the principal use.
C.
Flexibility.
(1)
Satellite parking. Satellite or off-site parking for commercial/service/institutional uses, excluding fifty-five-and-over housing uses, may be provided through a recorded easement or an agreement for shared parking as specified in Subsection B(4) of this section. Satellite or off-site parking may be permitted at a site not greater than 500 feet from the property boundaries of that use if the Planning Commission finds that the proposed parking area is easily accessible to the proposed development and includes a safe, accessible pedestrian connection. Any parking space dedicated to an off-site use must be signed accordingly.
(2)
Fee in lieu of on-site parking.
(a)
The Planning Commission may permit fulfillment of all or part
of the parking requirement in the B-2 Central Business District to
be satisfied through the payment of a fee in lieu of on-site parking,
a fifteen-year renewable lease agreement or a combination of these
alternatives when on-site parking is impractical due to site conditions
and it is determined that public parking facilities are located within
500 feet of the property boundaries and that such parking facilities
are easily accessible and include a safe, accessible pedestrian connection.
Appropriate signs indicating the location of off-site parking shall
be posted. Fees shall be determined by statute based upon a per-space
cost. Parking fee-in-lieu payments shall be used for development of
parking facilities through the Town's Parking Enterprise Fund.
(b)
A fee in lieu of on-site parking spaces, a fifteen-year renewable
lease agreement or a combination of these alternatives may be provided
by an applicant in the B-2A Central Business Gateway District or the
B-3A General Business Gateway District in situations where the application
of the parking regulations would be undesirable or impractical and
it is determined that public parking facilities are located within
500 feet of the property boundaries and that such parking facilities
are easily accessible to the proposed development and include a safe,
accessible pedestrian connection. The alternative parking provisions
shall not exceed 50% of the required on-site parking.
(c)
This subsection shall not apply to applications for alterations,
repairs or renovations, but shall apply to new buildings, replacement
buildings and expansions. For expansions, only the expansion area
shall be considered in calculating parking requirements.
(3)
Parking and loading space reduction. Upon receipt of an application
for a parking or loading space waiver, a public hearing shall be scheduled
before the Board of Appeals. A waiver or reduction of the parking
and loading requirements in any district may be permitted by the Board
of Appeals whenever the character or use of the building is such as
to make full provision of the specific parking and loading requirements
unnecessary, or where adequate community loading facilities are provided
on site, or where, due to problems of access or to the size of the
lot, the provision of the required loading spaces is impractical.
(a)
In permitting such a waiver for new construction, the Board
of Appeals must find the following:
(b)
In permitting such a waiver for existing buildings, the Board
of Appeals must find the following:
[1]
Proposed new use of the building would normally require fewer
parking spaces than the prior use;
[2]
The reduced number of parking spaces will be adequate to accommodate
the proposed use; and
[3]
Any such reduction in required parking spaces shall be restricted
to such proposed new use only and shall not operate to permit a later
occupancy of such building if the use is substantially changed or
enlarged, unless approved by the Board of Appeals.
(c)
In permitting mixed-use development, the Board of Appeals may
reduce the cumulative parking space requirements after reviewing a
parking impact study. The Board of Appeals must find the following:
(d)
A copy of the Board of Appeals decision on any approved parking
and loading space reduction shall be attached to the building permit
and/or any certificate of occupancy permit.
D.
Parking space dimensions. Each off-street parking space shall measure
nine feet in width by 18 feet in length. Parallel spaces shall measure
eight feet in width by 20 feet in length. Parking spaces for the physically
handicapped shall meet the Americans With Disabilities Act (ADA)[1] requirements. Parking garage spaces shall be 8 1/2
feet in width and 18 feet in length.
[Amended 4-3-2017 by Ord.
No. 780-17]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
E.
Required aisle and driveway widths.
(1)
Parking area aisle widths shall conform to the following table, which
varies the minimum width requirement according to the angle of parking:
[Amended 4-3-2017 by Ord.
No. 780-17]
|
Parking Angle
| ||||
|---|---|---|---|---|
|
Aisle Width
(feet)
|
0°
|
45°
|
60°
|
90°
|
|
One-way traffic
|
12
|
15
|
18
|
21
|
|
Two-way traffic
|
20
|
20
|
22
|
24
|
(2)
Driveway access to a parking area shall not be less than 12 feet
in width for one-way traffic and 18 feet in width for two-way traffic,
except that twelve-foot-wide driveways are permissible for two-way
traffic when sufficient turning space is provided so that vehicles
need not back into a public street (as determined by the Director
of Public Works).
[Amended 4-3-2017 by Ord.
No. 780-17]
(3)
Access shall be a minimum of 30 feet from any intersection.
(4)
Curb cuts should be eliminated or minimized to the greatest extent
possible through shared driveways with adjacent property.
F.
Parking lot/driveway design, construction and maintenance.
(1)
General requirements.
(a)
Unless no other practicable alternative is available, as determined
by the Director of Public Works and the Zoning Administrator, vehicle
accommodation areas shall be designed so that vehicles may exit such
areas without backing onto a public street. This requirement does
not apply to parking areas consisting of driveways that serve one
or two dwelling units, although backing onto arterial streets is discouraged.
(b)
Vehicle accommodation areas of all developments shall be designed
so that sanitation, emergency, and other public service vehicles can
serve such developments without the necessity of backing unreasonable
distances or making other dangerous or hazardous turning movements.
(c)
Every vehicle accommodation area shall be designed so that vehicles
cannot extend beyond the perimeter of such area onto adjacent properties
or public rights-of-way. Such areas shall also be designed so that
vehicles do not extend over sidewalks or tend to bump against or damage
any wall, vegetation, or other obstruction. Bumper blocks or other
means may be required to ensure this provision.
(d)
Parking lots with 15 or fewer spaces may be constructed of approved
stone, pavers or a similar pervious surface, subject to review and
recommendation of the Director of Public Works and Planning Commission
approval.
[Amended 4-3-2017 by Ord.
No. 780-17]
(e)
Access to parking areas shall be designed so as not to obstruct
free flow of traffic. Parking lot grade shall not exceed a five-percent
slope and grade for all driveways and access shall not exceed 10%
subject to review of the Director of Public Works. There shall be
adequate provision for ingress to and egress from all parking spaces
to ensure ease of mobility, ample clearance and safety of vehicles
and pedestrians. The stacking of parking spaces may be approved in
certain circumstances by the Planning Commission if the applicant
can demonstrate that there will be no adverse impact on the use and
circulation pattern of the parking area.
[Amended 4-2-2018 by Ord.
No. 783-18]
(f)
Parking areas shall be suitably landscaped to minimize glare and other nuisance characteristics, as well as to improve the environment of the site and surrounding area. Large parking lots shall be broken into sections as appropriate for the type and size of the development. Sections shall be separated by landscaped dividing strips, berms and similar elements. Specific landscape and buffer requirements for parking areas are delineated in Article VIII.
(g)
Any parking area required herein shall be continually maintained
in good serviceable condition with striping clearly visible so as
to be safe, attractive and free of any hazard, nuisance or other unsafe
condition. Commercial parking areas shall be maintained to ensure
customer safety. All potholes or similar hazards shall be repaired
promptly upon written notification by the Town. In no case shall such
conditions exist for more than 30 days.
(h)
Parking of vehicles in areas other than a driveway, garage,
parking pad, parking lot or other Town-approved parking area shall
be prohibited. Further, the parking of vehicles or trailers on any
grass or pervious area in any yard area shall be prohibited unless
part of an approved site plan.
[2]
Editor's Note: This ordinance also repealed former Subsection
F(1)(i), which immediately followed this subsection and provided that
no more than 25% of the front yard area on the collector road shall
be used for drives, and redesignated former Subsection F(1)(j) and
(k) as Subsection F(1)(i) and (j), respectively.
(i)
Parking and vehicular access shall be clearly identified. A
plan indicating proposed traffic-calming devices, such as speed limits,
parking area signage and speed humps, shall be included on the site
plan to be submitted for review and approval.
(j)
Vehicular access shall be from the side streets, where possible,
provided that traffic is not directed through an abutting residential
district. Traffic mitigation measures designed to minimize or eliminate
negative impacts of traffic movement shall be used wherever possible.[3]
[3]
Editor's Note: Former Subsection F(1)(k), regarding parking
area lighting, was repealed 4-3-2017 by Ord. No. 780-17.
(2)
Residential district requirements.
(a)
In a residential district, driveways shall not exceed 20 feet
in width, except in the R-O District, where driveways shall not exceed
24 feet in width.
(b)
The remaining required front yard area must be maintained in
grass, ground cover or other landscape material.
(c)
No more than 25% of the front yard area on a collector road shall
be impervious surface, and no more than 50% of the front yard area
on local roads shall be impervious surface.
[Added 6-15-2020 by Ord. No. 795-20]
(3)
Nonresidential district requirements.
(a)
A parking management plan shall be submitted for all parking
areas designed to accommodate 25 vehicles or more. This plan shall
specify the proposed layout, circulation, signage, drainage, access,
traffic arrows (if applicable), pedestrian walkways, loading/unloading,
refuse/recycling service, lighting and internal and peripheral landscaping
for the parking area. The plan is subject to review and approval or
modification by the reviewing body.
[Amended 4-3-2017 by Ord.
No. 780-17]
(b)
All commercial/service use parking areas shall provide a minimum
of three parking spaces and all lots over 15 parking spaces be paved
with a dust-free material and graded to accommodate proper surface
water runoff and vehicle access. Alternative pervious paving surfaces
are encouraged in all parking and services areas. Such surfaces are
subject to Planning Commission approval. Where inconsistencies between
this provision and the requirements of the Americans with Disabilities
Act (ADA)[4] exist, ADA requirements shall apply.
[Amended 4-3-2017 by Ord.
No. 780-17; 4-2-2018 by Ord. No. 783-18]
[4]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(c)
Nonresidential parking shall be set back from the established street right-of-way or alley line as outlined in Article VIII. In cases where a commercial or industrial parking lot adjoins an R District, the parking area shall be limited to the side and rear yard areas. A landscape buffer shall be provided between the parking area and the adjacent residential property that effectively screens the parking from the residential property.
[Amended 11-25-2011 by Ord. No. 744-11; 4-3-2017 by Ord. No. 780-17]
(d)
Bicycle parking facilities shall be provided for all nonresidential
parking areas designed for 25 or more vehicles. This shall include
at least one bicycle rack. The location and description of the rack
shall be shown on the preliminary plan.
[Amended 4-3-2017 by Ord.
No. 780-17]
(e)
Commercial parking lots shall be brought to minimum standards
prior to issuance of a certificate of occupancy permit for any business
use. Standards shall include, but not be limited to, buffer, landscaping,
surface repairs, markings, curbing, bumper strips and safe pedestrian
access, as required by the Zoning Administrator.
G.
Restricted accessory parking area. The Board of Appeals may also
authorize the establishment and operation of an off-street parking
area in any R District that abuts a B or M District, or in any B District
which does not permit the use located on the abutting property, subject
to the following conditions and limitations:
[Amended 9-16-2019 by Ord. No. 792-19]
(1)
The parking lot shall be accessory to and for use of one or more
businesses or industrial establishments located in the adjoining B
or M District and existing at the time of adoption of this chapter.
(2)
It shall be required to serve the public interest by relieving traffic
congestion in the streets on or near the premises in question by tending
to reduce the amount of traffic or parking on residential streets
or by tending to promote more safety for children or pedestrians.
(3)
The parking lot shall provide parking space for no more than 25 vehicles.
(4)
It shall be located on a lot which is adjacent to a B or M District.
(5)
No charge shall be made for parking or storage of vehicles.
(6)
Where possible, entrances and exits shall be located within the adjoining
businesses or industrial district. Alternatively, the entrances and
exits shall be located as far as practicable from adjacent residential
properties.
(7)
The application shall be accompanied by the names and addresses of
all property owners within 200 feet of the proposed lot in question,
who shall be given the opportunity to be heard at a public hearing
by the Board of Appeals in connection with the consideration of such
application.
(8)
In addition to the above requirements and those of this Part 2, the
Board of Appeals may prescribe further requirements or conditions
deemed necessary or desirable in respect to surfacing, marking, signage,
lighting, walls, fencing or planting for protection of the adjacent
property.
H.
Required off-street parking by use/activity. Unless otherwise noted,
the basic measuring unit shall be the net square footage of the building.
[Amended 1-3-2011 by Ord.
No. 738-10; 2-21-2012 by Ord. No. 748-12; 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18]
|
Use or Use Category
|
Spaces Required
| ||
|---|---|---|---|
|
Amusement/entertainment
| |||
|
Adult entertainment center
|
1 per 200 gross square feet
| ||
|
Amusement center and indoor recreation
|
1 per 200 gross square feet
| ||
|
Arena/stadium
|
1 per 3 seats
| ||
|
Bowling alley
|
4 per lane
| ||
|
Country club, golf, tennis, swim club
|
1 per 3 persons permitted under the State Fire Code
| ||
|
Ice/roller rink
|
1 per 100 square feet
| ||
|
Tavern, tavern with entertainment, microbrewery/winery/distillery
|
1 per 3 persons permitted under the State Fire Code
| ||
|
Theater
|
1 per 3 persons permitted under the State Fire Code
| ||
|
Industrial
| |||
|
Industrial use (unless specified otherwise)
|
1 per 400 square feet (or largest employee shift, whichever
is greater)
| ||
|
Fuel storage facility
|
1 per 800 square feet
| ||
|
Warehouse
|
1 per employee (at largest shift) and 1 per 300 square feet
office
| ||
|
Institutional
| |||
|
Civic service club, organization, and community center
|
1 per 3 persons permitted by the State Fire Code
| ||
|
Convent
|
1 per 2 beds (minimum of 2)
| ||
|
Day care, group
|
2 per 6 clients
| ||
|
Dormitory
|
1 per 4 beds (high school), 1 per 2 beds (college)
| ||
|
Fire station
|
1 per 250 square feet
| ||
|
Hospital
|
1 per 2 beds
| ||
|
House of worship
|
1 per 4 persons permitted by the State Fire Code permitted in
main assembly hall
| ||
|
Library
|
1 per 400 square feet
| ||
|
Nursing home, assisted living
|
1 per 3 beds, plus additional spaces as determined by the Board
of Appeals based on parking impact study
| ||
|
Post office
|
1 per 400 square feet
| ||
|
Prison
|
1 per 2 employees, plus public spaces as determined by the Board
of Appeals based on parking impact study
| ||
|
School
| |||
|
Elementary/middle school
|
1 per 10 seats in main assembly room or 1 per 10 classroom seats,
whichever is greater
| ||
|
High school
|
1 per 5 seats in main auditorium or 1 per 8 classroom seats,
whichever is greater
| ||
|
College, university
|
1 per 3 students
| ||
|
All other school uses
|
1 per 3 persons permitted by State Fire Code
| ||
|
Natural resources
| |||
|
Agricultural products processing
|
1 per 800 gross square feet
| ||
|
Greenhouse/nursery, commercial
|
1 per 400 gross square feet
| ||
|
Residential
| |||
|
Bed-and-breakfast
|
1 per bed, plus 1 per owner/manager
| ||
|
Boardinghouse
|
1 per 2 beds (minimum of 2)
| ||
|
Community shelter
|
1 per 2 beds (minimum of 2)
| ||
|
Group home/halfway house
|
1 per 2 beds (minimum of 2)
| ||
|
Multifamily and 55-and-over dwelling units
|
1.5 per 1-bedroom dwelling unit;
| ||
|
2 per 2-bedroom dwelling unit;
| |||
|
2.5 per 3-or-more-bedroom dwelling units (dens and libraries
in multifamily to be counted as bedrooms)
| |||
|
Single-family detached, semidetached and two-family dwellings
|
2 per dwelling unit
| ||
|
Townhouse
|
2.5 per dwelling unit (excluding garage space)
| ||
|
Retail and service use
| |||
|
Antique shop/art gallery/museum
|
1 per 400 gross square feet
| ||
|
Auction house
|
1 per 6 seats or 1 per 400 square feet, whichever is greater
| ||
|
Bank
|
1 per 300 square feet, plus drive-through stacking space if applicable [See § 165-53I(2)(c).]
| ||
|
Banquet hall
|
1 per persons permitted by the State Fire Code
| ||
|
Beauty shop/barbershop
|
1 per 150 gross square feet/or 2.5 per station, whichever is
greater
| ||
|
Bulk mail service
|
1 per 200 square feet
| ||
|
Car wash and auto detailing
|
1 per full-time equivalent employee plus drive-through stacking
space if applicable [See 165-53I(2)(c).]
| ||
|
Cleaners/laundromat
|
1 per 200 square feet
| ||
|
Convenience goods
|
1 per 150 square feet
| ||
|
Construction supply/service
|
1 per 200 square feet for retail/office area; 1 per 800 square
feet for storage area
| ||
|
Feed and grain mill
|
1 per 800 square feet
| ||
|
Fitness center
|
1 per 200 gross square feet
| ||
|
Funeral home
|
1 per 50 square feet (minimum of 30 spaces)
| ||
|
Group service
|
1 per 200 square feet
| ||
|
Hotel
|
1 per room, plus 1 per full-time equivalent employee
| ||
|
Instructional service
|
1 per 300 square feet
| ||
|
Liquor store
|
1 per 200 square feet
| ||
|
Medical service or laboratory
|
1 per 200 square feet
| ||
|
Mini storage
|
1 per employee and 1 per 300 square feet office
| ||
|
Motion-picture distribution
|
1 per 200 square feet
| ||
|
Motor vehicle sales, service and/or storage
|
1 per 300 square feet (minimum of 10)
| ||
|
Business and personal service
|
1 per 300 square feet (unless otherwise specified)
| ||
|
Pharmacy
|
1 per 200 square feet
| ||
|
Professional service
|
1 per 300 square feet
| ||
|
Restaurant
|
1 per 3 patron seats or 1 per 100 square feet of gross floor area, excluding food preparation area, whichever is greater, plus drive-through stacking spaces, if applicable [See § 165-53I(2)(l).]
| ||
|
Retail use (unless specified otherwise)
|
1 per 200 square feet
| ||
|
Service use (unless specified otherwise)
|
1 per 300 square feet
| ||
|
Shopping center
| |||
|
Under 400,000 square feet
|
4 per 1,000 gross square feet
| ||
|
400,000 square feet and above
|
3.5 per 1,000 gross square feet
| ||
|
Spa
|
1 per 200 gross square feet
| ||
|
Specialty food
|
1 per 300 square feet
| ||
|
Specialty shop
|
1 per 300 square feet
| ||
|
Veterinarian/veterinarian clinic/hospital
|
1 per 200 square feet
| ||
|
The Zoning Administrator shall establish requirements for any
use not specified above based on the requirements of the most similar
use cited above.
| |||
I.
Loading areas. Whenever the normal operation of any development requires
that goods, merchandise, or equipment be routinely delivered to or
shipped from that development, facilities shall be provided in accordance
with the requirements specified below:
[Amended 4-3-2017 by Ord.
No. 780-17]
(1)
The loading and unloading area must be of sufficient size to accommodate
the numbers and types of vehicles that are likely to use this area,
given the nature of the development in question. The following table
indicates the minimum number and size of spaces that satisfy the standard
set forth in this subsection. Retail uses, industrial uses and hospitals
having a gross floor area of 6,000 square feet or more shall provide
minimum off-street loading as follows:
[Amended 4-2-2018 by Ord.
No. 783-18; 9-16-2019 by Ord. No. 792-19]
|
Gross Floor Area
(square feet)
|
Number of Spaces
|
|---|---|
|
6,000 to 24,999
|
1
|
|
25,000 to 79,999
|
2
|
|
For each additional 72,000 square feet, or fraction thereof,
of gross floor area, one additional loading space shall be provided.
| |
(2)
Every public assembly use, such as auditoriums, office buildings,
funeral homes, restaurants, theaters and hotels of 30,000 square feet
or more, shall provide off-street loading facilities as follows:
|
Gross Floor Area
(square feet)
|
Number of Spaces
|
|---|---|
|
30,000 to 119,999
|
1
|
|
120,000 to 197,999
|
2
|
|
For each additional 105,000 square feet, or fraction thereof,
of gross floor area, one additional loading space shall be provided.
| |
(3)
The minimum dimensions of each loading space shall be 12 feet by
45 feet, and an overhead clearance of 14 feet from street grade shall
be required unless user or site requirements necessitate size adjustment
as demonstrated by parking management plan and approved by Planning
Commission.
(4)
Loading areas shall be so located and designed so that the vehicles
intended to use them can:
(5)
No area allocated to loading facilities may be used to satisfy the
area requirements for off-street parking, nor shall any portion of
any off-street parking area be used to satisfy the area requirements
for loading facilities.
(6)
No loading area shall be located closer than 50 feet to any other
lot in any R District unless wholly within a completely enclosed building
or unless screened by a masonry wall. Such wall shall not be less
than four feet nor more than 10 feet in height and shall be maintained
in good condition without any advertising thereon. With the exception
of a school use, the use of loading areas for loading and unloading
of goods and materials in a residential district and within 500 feet
of a residential use in a residential district shall be prohibited
between the hours of 10:00 p.m. and 7:00 a.m. The Planning Commission
may waive time limits based upon site characteristics, surrounding
land use and mitigation measures.
[Amended 9-16-2019 by Ord. No. 792-19]
J.
Refuse and recycling.
[Added 4-3-2017 by Ord.
No. 780-17]
(1)
Except for single-family residential uses, all refuse and recycling
shall be stored in an enclosed area. Dumpster areas, loading bays
and other service elements shall be screened from view. Debris and
trash shall be removed from premises and lots shall be cleared regularly.
(2)
With the exception of a school use, refuse or recycling removal,
compaction or other similar operations shall not be permitted between
the hours of 10:00 p.m. and 7:00 a.m. in a residential district and
within 500 feet of a residential use located in a residential district.
The Planning Commission may waive time limits based upon site characteristics,
surrounding land use and mitigation measures.
[Amended 4-2-2018 by Ord.
No. 783-18; 9-16-2019 by Ord. No. 792-19]
(3)
All enclosures shall completely screen the container, provide for
an operable gate to be closed when not in use and allow for separate
human access for loading. Enclosures should match the materials or
color of the principal structure.
(4)
Access to refuse and recycling may not obstruct or interfere with
any public right-of-way parking space or pedestrian access.
(5)
Containers for nonprofit collections may be placed within existing
parking areas provided no more than one per parking area is installed.
K.
Exterior lighting.
[Added 4-3-2017 by Ord.
No. 780-17]
(1)
A lighting plan indicating illumination measured in footcandles shall
be submitted to the Director of Planning at the time of preliminary
site plan submission for review and approval. A site that is adjacent
to a residential use shall restrict exterior lighting to minimize
glare and ambient light on the adjoining property.
(2)
Measurement of proposed lighting shall adhere to the standards of
the Illuminating Engineering Society (IES) for the proposed use.
(3)
Fixture style, layout and height shall complement the building design,
parking lot layout, traffic circulation and be compatible with the
scale of adjacent properties.
(4)
Lighting for safety shall be provided at intersections, along walkways,
at entryways, between buildings and in parking areas.
(5)
Spacing of standards shall be equal to approximately four times pole
height.
(6)
The maximum height of fixtures shall not exceed 25 feet or the limit
outlined in the district or use regulations, whichever is less. The
Planning Commission may restrict pole height and require measures
to mitigate glare when lighting is located near existing residences
or residentially zoned property.
[Amended 4-2-2018 by Ord.
No. 783-18]
(7)
Spotlights, if used, shall be placed so as not to create a hazard
or impact nearby residents or motorists.
Residential subdivision or site developments in Bel Air shall be required to provide open space and to dedicate land necessary for completion of the pedestrian trail network adjacent to newly developed properties as described in Articles IV and V of the Town of Bel Air Comprehensive Plan. Developed open space shall be designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive areas. In addition, or in lieu of provision of open space, and if approved by the Board of Town Commissioners, the applicant may contribute to the Town Open Space Recreation Fund.
A.
Minimum requirements.
(1)
Amount of open space required. A minimum of 15% of the tract proposed
for development shall be set aside for developed and undeveloped open
space.
(2)
Size of open space parcels. To qualify as part of required open space,
areas shall be lawn, landscape or natural vegetation with a minimum
of 500 square feet and have a width of no less than 10 feet. Usable
open space shall be a minimum of 40% of the required open space area.
This open space area shall be usable for active recreation, such as
swimming pools, tennis courts, tot-lots, outdoor racquet courts, par
courses, hike/bike trails, ball fields and other similar activities.
Water bodies shall not exceed 15% of the required open space area.
Active recreation space shall be dry, reasonably flat and accessible.
The land shall not exceed a grade of 3%. Land must be configured to
provide adequate space for active recreation facilities, as determined
necessary by the Planning Commission.
[Amended 4-2-2018 by Ord.
No. 783-18]
(3)
Location of open space parcels.
(a)
Developed open space.
[1]
The Planning Commission may require the installation of recreational
facilities, taking into consideration:
[2]
The Planning Commission shall determine specific open space
and/or recreation requirements based upon needs as assessed by the
Town of Bel Air Comprehensive Plan.
[Amended 4-3-2017 by Ord.
No. 780-17]
[3]
Accessibility; open space. Recreation sites must be accessible
in terms of safety, as well as distance traveled by users.
(b)
Undeveloped open space. As a general principle, undeveloped
open space should be left in its natural state. A developer may make
certain improvements, such as the cutting of trails for walking or
jogging, or the provision of picnic areas, etc. In addition, the Planning
Commission may require a developer to make other improvements, including
but not limited to removing dead or diseased trees, thinning trees
or other vegetation to encourage more desirable growth and grading
and seeding.
B.
Maintenance and ownership. Open space and recreation facilities shall include provisions for maintenance and ownership as stipulated in Part 4, § 165-118E(2), of the Town of Bel Air Development Regulations. Should use or ownership of property upon which the open space is located change, open space requirements shall be reevaluated.
[Amended 4-3-2017 by Ord.
No. 780-17]
C.
Fee in lieu of open space.
(1)
The Planning Commission may permit the open space requirements to
be satisfied through the payment of a fee in lieu of on-site recreation
areas when provision of on-site open space is impractical due to site
conditions. Fees shall be determined by statute based upon a per-acre
cost for active and passive recreational open space.
(2)
Open space fee-in-lieu payments shall be used for development of
recreational space/facilities through the Town's Recreational Open
Space Fund.
A.
Purpose.
(1)
The following standards and guidelines are intended to implement the purpose of the Town's zoning districts as noted in Article III of this Part 2, to promote quality development, to add consistency and predictability to the permit review process, and to reinforce the Town's Comprehensive Plan land use goals and objectives. This section not only specifies the performance standards required for the specific uses but also includes guidelines intended to articulate the community's goals and objectives for new development and redevelopment.
(2)
All performance standards and guidelines must be addressed by an
applicant. The performance standards are mandatory and offer relatively
little flexibility, unless choices are provided within the statement
itself. The guidelines are meant to be applied, but with some flexibility.
The Town will consider design or development features that are equal
to or better than that stated, so long as the intent is satisfied.
The applicant assumes the burden of proof to demonstrate how a proposal
meets this test, and determination will be made by the reviewing body.
B.
General performance standards and development guidelines by use.
(1)
The following performance standards and guidelines apply in all districts:
[Amended 4-3-2017 by Ord.
No. 780-17]
(a)
Where not explicitly addressed as a condition of use approval,
the integration of pedestrian sidewalks and pedestrian-friendly design
shall be required in any application for development.
(b)
The applicant shall provide written confirmation that the proposed
use will conform to all requirements of applicable federal, state
and local reviewing agencies and will be operated in strict compliance
with laws and regulations applicable to the use.
(c)
The proposed site shall be of sufficient size to accommodate
the use without adversely affecting adjacent land uses.
(d)
Pedestrian areas shall be protected with landscaping and curbs
that are integrated into the overall site design.
(e)
Building entrances shall be linked to sidewalks and parking
areas by means of a safe and convenient well-lit walkway system.
(f)
The applicant shall demonstrate that the use will be safe and
will not create a nuisance due to traffic, noise, etc., or create
adverse impacts on the use or development of the surrounding properties
due to noise, odor, traffic or lights. The use shall not adversely
affect the use of other property in the immediate neighborhood.
(g)
The applicant shall identify all proposed noise-generating uses
or design elements and specify how noise levels will be mitigated.
(h)
The subject property shall have frontage on, and direct vehicular
access to, an existing street with sufficient capacity to accommodate
the type and amount of traffic generated by the requested use. Vehicular
access shall not be by means of streets internal to residential subdivisions.
The reviewing agency may require a traffic impact study.
(i)
Proposed development adjoining historic structures or sites
shall be compatible in color, size, material and mass with such historic
properties.
(j)
Buildings shall be architecturally compatible in quality, texture,
finish, size, shape, style, rooflines and like materials. All sides
of the use shall have the same architectural features or shall be
architecturally compatible with the building group or neighborhood
with which it is associated.
(k)
Rooftop mechanical equipment shall be screened from public view.
(l)
Fences and retaining walls shall be designed to be consistent
in materials and quality to that of the building and the adjacent
properties.
(2)
Guidelines.
C.
Use category performance standards and guidelines: amusement/entertainment. All amusement/entertainment uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The applicant shall identify any hazardous materials or explosive
materials that may be stored on site and describe measures to be taken
to ensure public safety.
(2)
In addition, specific amusement/entertainment uses listed below shall
be subject to the following:
[Amended 5-2-2011 by Ord.
No. 741-11; 10-1-2012 by Ord. No. 754-12; 4-3-2017 by Ord. No. 780-17]
(a)
Adult entertainment center.
[1]
Performance standards.
[a]
No lot on which such establishment is located shall
be located within 1,000 feet of the property line of any institutional
or residential use.
[b]
The merchandise shall be arranged to ensure that
no merchandise depicting, describing, showing or relating to sexual
conduct, sexual excitement, sadomasochistic abuse or human genitalia
is visible from the outside of the establishment.
[c]
No use on which such an establishment is located
shall be located within 1,000 feet of an existing adult bookstore/adult
entertainment center.
[d]
The hours of operation shall not include any time
periods between 10:00 p.m. and 10:00 a.m.
(b)
Amusement center and indoor recreation facility.
[1]
Performance standards.
[a]
Amusement center uses shall not be located closer
than 300 feet to any school building, exclusive of temporary structures.
Such use shall not be located within 100 feet of any adjoining property
which is in an R District except when located in a shopping center.
[b]
Such use shall be established only after approval
by the Planning Commission of a plan setting forth acceptable rules
for the operation of the establishment. Such plan shall specify procedures
to preclude gambling and loitering, regulations regarding the use
of the establishment by school-age children, and procedures for the
enforcement of the rules.
[c]
The Planning Commission shall impose such conditions
and restrictions as it may deem necessary to ensure that the use will
be compatible with and will not adversely impact the adjacent area.
Such conditions and restrictions may include, but need not be limited
to, the following:
(d)
Fortune telling.
[1]
Performance standards.
[a]
The use shall not be located closer than 1,000
feet to any school property lines.
[b]
The use shall not be located within 1,000 feet
of an existing fortune-telling establishment.
[c]
The Board of Appeals or reviewing agency shall
impose such conditions and restrictions as it may deem necessary to
ensure that the use is compatible with and will not adversely impact
the adjacent area. Such conditions and restrictions may include, but
not be limited to the following:
[d]
Hours of operation;
[e]
Scope of operation.
(e)
Smoking lounge.
[Added 10-1-2012 by Ord. No. 754-12]
[1]
Performance standards.
[a]
No such use shall be located within 1,000 feet of a school property
line or 100 feet of a residential use.
[c]
The Board of Appeals or reviewing agency shall impose such conditions
as it may deem necessary to ensure that the use will not adversely
impact the adjacent area. Such conditions may include, but need not
be limited to the following:
(f)
Tavern, tavern with entertainment and microbrewery/winery/distillery.
[1]
Performance standards.
[a]
Tavern with entertainment shall not be located
closer than 300 feet from any school building unless a reduction is
granted by the Board of Appeals based upon site conditions or mitigating
factors. Special exception review is required for a tavern or microbrewery/winery/distillery
located within 300 feet of a school building.
[Amended 9-16-2019 by Ord. No. 792-19]
[b]
The Board of Appeals or reviewing agency shall
impose such conditions and restrictions as it may deem necessary to
ensure that the use will be compatible with and will not adversely
impact the adjacent area. Such conditions and restrictions may include,
but need not be limited to, the following:
[i]
Number of security attendants required to be on
the premises at all times.
[ii]
Hours of operation.
[iii]
Size of establishment including area dedicated
to bar, restaurant, stage and dance floor, etc.
[iv]
Plan for clearing trash/debris from site and adjacent
properties.
[v]
Use of outdoor portion of property must address standard in § 165-53I(2).
[vi]
Alternative parking and service provisions.
D.
Use category performance standards and guidelines: industrial uses. All industrial uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
[Amended 4-3-2017 by Ord.
No. 780-17]
(1)
Performance standards for light industrial to include electronics
supply and services, greenhouse/nursery, medical equipment and supply,
printing and publishing and secondary manufacturing.
(a)
All manufacturing operations (except for permitted outdoor storage)
shall be located in a wholly enclosed building unless specifically
authorized by the Planning Commission.
(b)
The release, disposal, or storage of waste materials shall not
be visible from off site. All trash and refuse shall be stored in
a self-contained/enclosed storage area.
(c)
There shall be no outdoor storage of the finished product unless
such storage is authorized by the Planning Commission. Bulk storage
of the finished product in a wholly enclosed building shall be considered
an accessory use.
(d)
Raw materials, waste products, and other by-products associated
with the process shall be identified by the applicant prior to approval.
(e)
Outdoor storage of raw materials, waste products, and other
by-products may be permitted. The outdoor storage area shall be effectively
screened by opaque fencing, screening or landscaping. The height of
the stored materials shall not exceed the height of the screening.
The general location, type and extent of all proposed storage screening
shall be shown on the site plan. Unsafe storage of waste or hazardous
material that creates a pollution threat or fire hazard or is an attraction
to rodents or insects is not permitted.
(f)
The hours of operation shall be specified.
(g)
Provisions shall be made for the control of noxious and offensive
odors, air pollution, water quality, and noise generated by the proposed
use.
(2)
Performance standards for heavy industrial to include agricultural
products and processing, construction supply and services, fuel storage,
feed and grain mill, primary manufacturing, vehicle and equipment
storage and warehousing:
[Amended 9-16-2019 by Ord. No. 792-19]
(a)
The performance standards and guidelines for light industrial, § 165-53D(1), shall apply to heavy industrial.
(b)
A traffic impact study shall be submitted for review.
(c)
Exterior lighting shall provide for a reduction in intensity
between the hours of 10:00 p.m. and 7:00 a.m. as required by the reviewing
authority.
(4)
In addition, specific industrial uses listed below shall be subject
to the following:
E.
Use category performance standards and guidelines: institutional uses. All institutional uses, except parks and recreation areas, are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The project shall be designed to provide a transition near the
periphery of the site, either with open space areas and landscaping,
or by designing the buildings near the periphery to be harmonious
in density and type with the surrounding neighborhood.
(b)
Institutional establishments adjacent to an existing residential
use shall meet the following standards:
[Amended 4-3-2017 by Ord.
No. 780-17; 9-16-2019 by Ord. No. 792-19]
[1]
Operating refrigeration trucks is prohibited from parking areas
adjacent to residential districts between 10:00 p.m. and 7:00 a.m.,
unless operated on the street side of the establishment.
(2)
Guidelines.
(a)
The applicant should provide a written explanation of the character
of the facility, the program's policies, goals, means proposed to
accomplish these goals, characteristics of the service population
and number of Town/county residents to be served, operating methods
and procedures, and other aspects pertinent to the facility's program
and how the facility will impact the neighborhood.
(b)
The reviewing agency/body may require a parking impact study
if deemed necessary to ensure the adequacy of the proposed number
of parking spaces.
(3)
In addition, specific institutional uses listed below shall be subject
to the following:
[Amended 4-3-2017 by Ord.
No. 780-17]
(a)
(b)
Civic service club, fraternal organization.
(d)
Day care, group.
[1]
Performance standards.
[a]
The Board of Appeals or reviewing agency may prescribe
specific conditions determined necessary to minimize effects of use
on neighboring properties given identification of concerns specific
to a particular site.
[b]
In the case of child day care, the applicant shall
provide 150 square feet of usable outdoor recreation area for each
child that may use this space at any one time. Such usable outdoor
recreation area shall be identified on the site plan and shall be
sufficiently buffered from adjacent residential areas. Usable outdoor
recreation areas shall be limited to the side and rear yard of the
property. Recreational areas shall not include the required front
yard of the property or any off-street parking areas.
[c]
All such uses shall be located so as to permit
the safe pickup and delivery of all persons on this site.
(e)
Dormitory.
[1]
Performance standards.
[a]
An educational institution must be affiliated or
owner of the facility. Use may be considered as accessory if located
on the school campus.
[b]
Adult staff shall be on the premises 24 hours per
day.
[c]
Kitchens or cooking equipment are prohibited in
the individual dormitory rooms.
[d]
An operable fire alarm is required on all floors
and sprinklers in all units.
[e]
Parking is prohibited in the front yard.
[f]
The Board of Appeals or reviewing authority may
impose additional conditions to ensure the use will not impact the
surrounding area.
(f)
Fire station.
[1]
Performance standards.
[a]
The applicant shall make provisions to ensure safety
in the area surrounding the facility, which may include additional
traffic control devices, i.e., signal lights, signs, pavement painting.
Adequate area for operation of all equipment shall be provided. Adequacy
standards shall include, but not be limited to, turning radii necessary
for emergency equipment and/or paving type for particular equipment.
[b]
Environmental considerations shall be addressed
fully. This shall include minimizing noise of the facility, minimizing
impact of lighting upon adjacent properties, and screening parking
areas and equipment storage areas from adjacent uses as determined
necessary by the Board of Appeals.
(g)
Hospital.
[1]
Performance standards.
[a]
All structures shall be located at least 200 feet
from any adjacent residence.
[b]
All parking areas shall be located at least 50
feet from any adjacent residential lot.
[c]
A minimum of 25% of the gross site area shall be
open space. The open space shall be generally continuous, accessible
to the residents of the neighborhood and protective of natural features.
[d]
Any helipad associated with the hospital use shall
be located at least 200 feet from any adjacent residential property.
(h)
Houses of worship.
[1]
Performance standards.
[a]
Building(s) shall be designed to ensure safe vehicular
and pedestrian circulation. A traffic study may be required by the
reviewing agency.
[2]
Guidelines.
[a]
A structure used primarily for religious activities
may be erected to a greater height than permitted in the district
in which it is located, provided that the front, side and rear setbacks
shall be increased one foot for each foot by which such structure
exceeds the height limitation.
(i)
Assisted living.
[1]
Performance standards.
[a]
Parking and loading shall be provided at the rear
of the site.
[b]
Adequate access to medical services, shopping areas,
recreational and other community services often desired by elderly
and handicapped persons shall be available to residents or provided
on the site for residents.
[c]
Business uses which may be permitted as accessory
uses shall be integrated with the dwelling units and oriented towards
the interior of the project. No exterior signs or other evidence of
business facilities shall be visible from the periphery of the site.
(j)
Recycling or reuse center.
[1]
Performance standards.
[a]
The applicant shall fully describe the proposed
use to the satisfaction of the Board of Appeals and shall establish
that the use will not cause interference with pedestrian or vehicular
traffic.
[b]
The description shall include the operating schedule
of the center and the number of attendants available at each shift
operated by the center.
[c]
The applicant shall specify the method for material
storage, removal of trash and debris and shall describe how this will
be accomplished.
(k)
Nursing home.
[1]
Performance standards.
[a]
Adequate access to medical services, shopping areas,
recreational and other community services often desired by elderly
and handicapped persons shall be available to residents or provided
on the site for residents.
[b]
All parking areas shall be located at least 50
feet from any adjacent residential lot.
[c]
A minimum of 25% of the gross site area shall be
open space. The open space shall be generally continuous, accessible
to the residents and protective of natural features.
[d]
Open space areas, recreational facilities and other
accessory facilities shall be developed in each phase of development
to meet the needs of the residents. The developer shall provide a
schedule for the installation of facilities at the time the special
exception is approved.
(l)
Park and recreation area.
[1]
Performance standards.
[a]
A plan of proposed use shall be submitted to the
Planning Commission for review and comment.
[b]
No structure associated with the use shall be located
closer than 50 feet to any residential lot line.
[c]
The park shall have adequate frontage on a public
street of sufficient capacity to provide safe access and convey anticipated
traffic.
[2]
Guidelines.
[a]
Special consideration shall be given to traffic
safety. Protective methods may be required, including fencing along
roadways, and/or additional requirements to ensure the adequacy of
sight distance for the particular use.
[b]
Taking into account safety, noise, dust, glare,
and traffic factors, the Planning Commission may prescribe additional
conditions to ensure compatibility with adjacent uses.
(m)
School, college, university.
[1]
Performance standards.
[a]
If the school offers general academic instruction
below college level, an outdoor play area (or other outdoor activity
area) shall be required which shall meet minimum state requirements
for such outdoor play area. The area shall be located at least 25
feet from any adjoining lot.
[2]
Guidelines.
[a]
The Board of Appeals may specify the maximum number
of students to be enrolled. "Enrollment" shall mean the total number
of students enrolled at any one time. If there are separate morning,
afternoon and evening sessions, each one of which is attended by different
students, "enrollment" shall mean the number of students enrolled
in the session having the largest number of students.
F.
Use category performance standards and guidelines: natural resource uses. All natural resource uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The release, disposal, or storage of waste materials shall not
be visible from off site. All trash and refuse shall be stored in
a self-contained/enclosed storage area.
(b)
There shall be no outdoor storage of the finished product. Bulk
storage of the finished product in a wholly enclosed building shall
be considered an accessory use.
(c)
Raw materials, waste products, and other by-products associated
with the process shall be identified by the applicant prior to approval.
Outdoor storage of raw materials, waste products, and other by-products
may be permitted. The outdoor storage area shall be effectively screened
from any adjacent land in any residential zone or land proposed to
be used for residential purposes. The general location, type and extent
of all proposed screening shall be shown on the site plan.
(d)
An impact statement shall be submitted, explaining:
[1]
The proposed architectural design (graphic or narrative) of
all buildings and structures.
[2]
The scope of the operation.
[3]
The proposed hours of operation.
[4]
The provisions to be made for the control of noxious and offensive
odors.
[5]
The air pollution, water quality and noise control measures
to be taken.
[6]
The type and amount of traffic expected to be generated.
[7]
The compatibility of the use with the surrounding areas.
(e)
All proposed accessory uses shall be identified, and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(2)
In addition, specific natural resource uses listed below shall be
subject to the following:
(a)
Mining and mineral extraction.
[1]
Performance standards.
[a]
All mining and mineral extraction operations shall
be reviewed by the Planning Commission.
[b]
The applicant shall demonstrate that the proposed
extraction will not have an adverse impact on the nearby property
owners. In determining the impact on property owners, the Planning
Commission shall consider the following: dust, noise, vibration, traffic
generation, odor and fumes.
[c]
The applicant shall be responsible for restoring
the area with a minimum of two inches of topsoil. A plan for such
restoration shall be submitted to the Director of Public Works for
approval prior to any mining or extraction operation.
[d]
Exposed land shall have a slope not greater than
3:1. A grading plan shall be submitted with the site plan, showing
existing and proposed ground elevations on the site, adjacent land,
and all abutting streets.
[e]
A traffic analysis shall be required as part of
the Planning Commission application, which shall include the following:
[i]
Expected volume of traffic generated by the operation;
[ii]
Streets to be used to access the site;
[iii]
Identification of driveways or access points
located so as not to endanger pedestrians or create traffic hazards;
and
[iv]
Identification of material used in construction of the driveway
or access.
[f]
All operations shall be screened, including outdoor
storage of machinery and equipment, from adjacent land or streets.
The Planning Commission shall consider use of techniques for noise
attenuation in reviewing applications.
[g]
The site plan shall include an estimate of the
time required for the removal of the material and return of the site
to a condition suitable for development.
G.
Use category performance standards and guidelines: residential uses. All residential uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
[Amended 4-1-2013 by Ord.
No. 759-13; 4-3-2017 by Ord. No. 780-17]
(a)
The applicant shall provide a graphic description of the proposed
architectural design.
(b)
All proposed accessory uses shall be identified, and the maximum
square footage allotted for each use shall be indicated on the site
plan. If a deck is not included on the site plan proposal for single-family
or multifamily residential units, the rear or side yard setback shall
be increased to allow future construction of a deck at least 10 feet
by 20 feet in size.
(c)
No dwelling shall be occupied by more than one person for every
220 square feet of habitable space. Persons sharing dwellings or beds
on a rotating or shift basis shall each be counted as separate occupants
for purposes of this requirement.
(d)
In the case of townhouse units, the maximum number of attached
dwelling units within a building block shall be no more than six units
unless the Planning Commission determines to increase the number of
units to a maximum of eight based on the intensity of surrounding
land use, the architectural design, the layout of the development,
and distribution of parking, as shown on the plans submitted.
(2)
In addition, specific residential uses listed below shall be subject
to the following:
(a)
Bed-and-breakfast.
[1]
Performance standards.
[a]
No separate kitchens shall be provided for guests.
[b]
Parking and loading shall not be provided in the
front yard.
[c]
An operable fire alarm shall be placed on each
floor, including the basement.
[d]
The owner or operator must maintain his or her
residence on site, or an employee must be on site when the facility
is occupied by guests.
[e]
A minimum of one full bathroom with a lavatory,
toilet and shower or tub, or combination thereof, shall be available
for every two guest rooms.
(b)
Boardinghouse.
[1]
Performance standards.
[a]
Facilities for dining shall be in a common location
customarily used by a single family in the structure. Separate kitchens
for residents shall not be provided. Meals shall be provided for boardinghouse
residents and guests only.
[b]
Parking and loading shall not be provided in the
front yard.
[c]
The owner or operator must maintain his or her
residence on site.
[d]
An operable fire alarm shall be placed on each
floor, including the basement.
(c)
Community shelter.
[1]
Performance standards.
[a]
A statement shall be submitted by the property
owner or manager explaining the character of the facility, the programs,
policies, goals, means proposed to accomplish these goals, characteristics
of the service population and number of residents to be served, operating
methods and procedures, hours of operation and any other aspects pertinent
to the facility's program.
[b]
A supervisor shall be on the premises at all times
to assist residents with specialized needs.
[c]
An operable fire alarm shall be placed on each
floor, including the basement.
(d)
Cottage housing.
[1]
Performance standards.
[Amended 4-3-2017 by Ord.
No. 780-17]
[a]
The use shall be limited to immediate family members
(parent, child or sibling) of the owners of the primary residence.
[b]
The use shall discontinue as soon as the designated
cottage housing is vacated by immediate family.
[c]
The parcel on which the apartment is located must
be a minimum of 10,000 square feet.
(e)
Day care, group.
[Amended 4-3-2017 by Ord.
No. 780-17]
[1]
Performance standards.
[a]
In the case of child day care, the applicant shall
provide 150 square feet of usable outdoor recreation area for each
child that may use this space at any one time. Such usable outdoor
recreation area shall be identified on the site plan and shall be
sufficiently buffered from adjacent residential areas. Usable outdoor
recreation areas shall be limited to the side and rear yard of the
property. Recreational areas shall not include the required front
yard of the property or any off-street parking areas.
[b]
All such uses shall be located so as to permit
the safe pickup and delivery of all persons on this site.
(f)
Group home, large/halfway house.
[Amended 4-3-2017 by Ord.
No. 780-17; 9-16-2019 by Ord. No. 792-19]
[1]
Performance standards.
[a]
Residents shall not receive ongoing, on-site medical
care or treatment. Otherwise, the use shall be treated as a nursing
home or assisted living facility and regulated as such.
[b]
The use shall adhere to all fire prevention and
life safety codes, including the installation of an operable fire
alarm and smoke detector on each floor, including the basement.
[c]
A qualified supervisor shall be on the premises
at all times to assist residents.
[d]
Rules and procedures governing facility operations
and management shall be submitted for review and acceptance by the
Town.
[e]
Persons with developmental disabilities, those
with mental disorders and those in recovery from addiction shall each
reside in a separate facility.
(g)
Group home, small.
[Added 9-16-2019 by Ord.
No. 792-19[2]]
[1]
Performance standards.
[a]
Residents shall not receive ongoing, on-site medical
care or treatment. Otherwise the use shall be treated as a nursing
home or assisted living facility and regulated as such.
[b]
At a minimum, a resident manager shall be on the
premises at all times to assist residents.
[c]
Rules and procedures governing facility operations
and management shall be submitted for review and acceptance by the
Town.
[d]
Persons with developmental disabilities, those
with mental disorders and those in recovery from addiction shall each
reside in a separate facility.
[e]
Group counseling shall not be provided on site
to nonresidents.
[2]
Editor's Note: This ordinance also redesignated former Subsection
G(2)(g) as Subsection G(2)(i).
(h)
Multifamily housing.
[Added 9-16-2019 by Ord.
No. 792-19[3]]
[1]
Performance standards.
[b]
Refuse/recycling enclosures must be provided in
sufficient number and within close proximity to all residential buildings
and accessory uses.
[c]
All access and building conditions must be reviewed
by a fire official prior to Town approval.
[d]
Additional active recreation area will be required
to meet a minimum of 200 square feet per unit when density exceeds
10 dwelling units per acre.
[3]
Editor's Note: This ordinance also redesignated former Subsection
G(2)(h) as Subsection G(2)(j).
(i)
Home occupations.
[1]
Performance standards.
[a]
The home occupation shall be clearly incidental
and subordinate to the residential use. The floor area used for the
home occupation shall not exceed 300 square feet unless additional
area is approved by the Board of Appeals.
[b]
The home occupation shall be conducted within the
dwelling unit or an accessory building on the property. No outdoor
advertisement, display or storage of materials, goods, supplies or
equipment used in the home occupation shall be permitted on the premises.
No commercial vehicles, noise, dust, fumes or other nuisances emitting
from the premises shall be permitted.
[c]
The residential character/appearance of the dwelling
unit and/or accessory structures shall not be altered to accommodate
a home occupation.
[d]
Only persons residing in the home shall provide
business services associated with the home occupation on the premises.
The total of all employees, inclusive of family members, shall not
exceed three. No home occupation shall be open to the public between
9:00 p.m. and 8:00 a.m.
[e]
No home occupation shall generate more than 20
vehicle trips per day. A "trip" is defined as a vehicle traveling
in one direction to or from a source. Twenty trips is equivalent to
10 round trips.
[f]
No article or commodity shall be offered for sale
at the premises.
[g]
Adequate off-street parking shall be provided, pursuant to Article VII of this Part 2. Any additional off-street parking required for the home occupation by the Board of Appeals shall be provided in the side or rear yard of the lot and shall be screened from adjacent public roads and residential lots.
[h]
No goods, materials or supplies shall be delivered
by commercial vehicles either to or from the premises in connection
with the home occupation, except by the United States Postal Service
or a delivery service. No deliveries by semi/tractor-trailer trucks
are permitted.
[i]
Illumination of the site shall be no greater than
is generally used in a residential district. No parking area lighting
is permitted.
[Amended 4-3-2017 by Ord.
No. 780-17]
[j]
Notwithstanding the above, home occupations shall
not include automobile repair, beauty shops or barbershops, construction
supply services, kennels, or printing business. This section is not
intended to exclude a home occupation in which the resident provides
administrative functions, such as bookkeeping, accounting or answering
service for a business use cited above.
[2]
Guidelines.
[a]
One full- or part-time nonresident employee may
provide business services on the premises if the property is located
in a Transition Overlay District. A maximum of three full- or part-time
nonresident employees or tenants may provide business services on
the premises if located in the Transition Overlay District and approved
by the Board of Appeals. If the property is not in a Transition Overlay
District, one nonresident employee may be approved by the Board of
Appeals.
[Amended 2-21-2012 by Ord. No. 748-12]
(j)
Fifty-five-and-over housing.
[1]
Performance standards.
[a]
Residency in fifty-five-and-over housing projects
shall be restricted to households having at least one individual 55
years of age or older, with a spouse of any age or other persons 40
years of age or older. Persons under 40, other than a spouse, shall
not reside in a dwelling unit for more than a total of 30 days per
calendar year. If a project will not be a rental community under single
ownership, a condominium association or homeowners' association shall
be established to implement and maintain the age restrictions, in
addition to Town enforcement of the Development Regulations. The provisions
in this subsection shall be subject to any and all applicable federal
or state laws and regulations. To the extent there is a conflict between
the Bel Air regulations and the Fair Housing Act, the Fair Housing
Act shall control. In addition, nothing contained herein shall be
deemed to prohibit any party from occupying a unit under the age of
40 years if such person is necessary to provide a reasonable accommodation
to a person who is entitled to occupy a unit under the Fair Housing
Act or is a handicapped dependent of a person who is entitled to occupy
a unit under the Fair Housing Act.
[Amended 11-25-2011 by Ord. No. 744-11; 4-3-2017 by Ord. No. 780-17]
[b]
The developer shall provide a schedule for the
installation of open space and recreation facilities at the time the
special exception is approved and in each phase of the development
to meet the needs of the residents. A minimum of 25% of the site shall
be set aside as a permanent open space area. Such open space shall
be restricted to uses such as parks, swimming pools, tennis courts,
putting greens, assembly facilities or other facility deemed appropriate
by the Planning Commission.
[c]
Any housing development for persons 55 years of
age or older shall require a deed restriction requiring the property
to be used as fifty-five-and-over housing for a period of not less
than 40 years.
[d]
The project shall be designed to provide a transition
near the periphery of the site, either with open space areas and landscaping
or by designing the buildings near the periphery to be harmonious
in density and type with the surrounding neighborhood.
[2]
Guidelines.
[a]
Adequate access to medical services, shopping areas,
recreational and other community services often desired by elderly
and handicapped persons should be available to residents or provided
on the site for residents.
[b]
Business uses which are permitted as accessory
uses should be integrated with the dwelling units and oriented towards
the interior of the project. No exterior signs or other evidence of
business facilities should be visible from the periphery of the site.
H.
Use category performance standards and guidelines: retail uses. All retail uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The location of the subject property shall be suitable for the
type and scope of development proposed, taking into account such factors
as the existing urbanization of the neighborhood, traffic, and the
character of surrounding properties and the neighborhood in general.
(c)
The applicant shall locate amenities, such as lighting, seating,
shelter and landscaping, in attractive groupings that provide for
safe and unobstructed pedestrian movement.
(d)
All proposed accessory uses shall be identified, and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(e)
The applicant shall design and site buildings to screen from
public view unsightly elements such as shipping/loading areas, snow
piling, transformers, dumpsters and meters.
(f)
Retail establishments within 500 feet of a residential district
shall meet the following standards:
[Amended 4-3-2017 by Ord.
No. 780-17; 9-16-2019 by Ord. No. 792-19]
[1]
Operating refrigeration trucks is prohibited from parking areas
adjacent to residential districts between 10:00 p.m. and 7:00 a.m.,
unless operated on the street side of the establishment.
(2)
In addition, specific retail uses listed below shall be subject to
the following:
(a)
Liquor store.
[Amended 4-3-2017 by Ord.
No. 780-17]
[1]
Performance standards.
[a]
Hours of operation shall be specified.
[b]
Security provisions shall be specified.
[c]
The use shall not be located closer than 300 feet
from a school building unless a reduction is granted by the Board
of Appeals based upon site conditions or mitigating factors.
[d]
Drive-through use is prohibited.
(c)
Shopping center.
[1]
Performance standards.
[a]
The project shall provide a unified arrangement
of buildings, service areas, parking and landscaped areas.
[b]
The project shall be designed with regard to the
topography and other natural features of the parcel.
[c]
Materials, massing and facade design for the project
shall be harmonious with the character of the neighborhood.
[d]
The internal circulation system shall be designed
to minimize through traffic and traffic conflicts within the project.
[e]
Safe pedestrian movement and the provision of pedestrian
walks within the parking lot and surrounding the building perimeter
shall be considered in the vehicular plan.
[f]
All establishments shall have vehicular service
access either from an individual service drive or from a common service
yard.
[g]
All such service areas, loading, trash removal,
compaction or similar activities shall be segregated from public areas
and screened from public view.
[h]
Any part of a lot not used for buildings or other
structures or paved for off-street parking, loading and maneuvering
areas, drives and pedestrian walks or incidental outside storage shall
be landscaped and properly maintained.
[i]
All parking lots, loading areas and outdoor storage
areas shall be separated with buffer yards of at least 10 feet from
any adjacent residential districts. Parking shall be adequate for
peak demand of the existing and proposed uses at the time of application
based on a parking study.
[Amended 9-16-2019 by Ord. No. 792-19]
[j]
Signs to identify the use of an occupant shall
be designed as part of the architectural design of the building and
attached thereto. Proposed signage shall be submitted with the preliminary
plan and shall be subject to review and approval by the Planning Commission.
[k]
Directional and informational signs shall be adequately
provided and design coordinated.
[l]
Center management shall be responsible for providing
on-site security service.
[m]
A traffic and parking study shall be required at
the time of application.
[Amended 9-16-2019 by Ord. No. 792-19]
[n]
Vehicular access to the subject property shall
not be by means of any street internal to a subdivision for single-family
dwellings.
I.
Use category performance standards and guidelines: service uses. All service uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
Any proposed service use that will abut land in a residential zone or land proposed to be used for residential purposes shall include a ten-foot buffer from the residential parcel and be effectively screened, as required in Article VIII of this chapter.
[Amended 4-3-2017 by Ord.
No. 780-17]
(b)
All proposed accessory uses shall be identified, and the maximum
square footage allotted for each use shall be indicated on the site
plan.
(c)
The applicant shall design and site buildings to screen from
public view unsightly elements such as shipping/loading areas, snow
piling, transformers, dumpsters and meters.
(2)
In addition, specific service uses listed below shall be subject
to the following:
[Amended 5-2-2011 by Ord.
No. 741-11; 4-3-2017 by Ord. No. 780-17]
(a)
Beauty shop/barbershop/spa (located in the R-O and B-1 Districts).
[1]
Performance standards.
[a]
Applicants requesting approval of a beauty shop
or barbershop shall specify the number of chairs to be in operation,
the number of employees to be on premises and the hours of operation.
[b]
The proposed use shall not exceed 5,000 square
feet in gross area.
[c]
The proposed use shall not produce adverse effects
on the use or development of the surrounding area due to noise, odor,
traffic or lighting.
[d]
The application of permanent makeup may be permitted
as an accessory use. Such use shall be subject to all applicable COMAR
standards.
(b)
Communications tower(s)/platform.
[1]
Performance standards.
[a]
Prior to approval of a new tower, the applicant
shall demonstrate that every effort has been made to acquire space
on an existing tower structure, building or utility pole in the Town
limits or surrounding area and that due to valid considerations, including,
but not limited to, location, economic, elevation, engineering or
technical feasibility, no appropriate location is available.
[b]
The setback of such structure from the nearest
habitable building shall be equal to its height above grade. The minimum
setback from any boundary of a residential use, dwelling, school,
church, or institution for human care in any other district shall
be the tower height.
[Amended 9-3-2019 by Ord.
No. 791-19]
[c]
The structure shall be located on a lot of record
as of September 3, 2019 (date of enactment) with a minimum of two
acres.
[Amended 9-3-2019 by Ord.
No. 791-19]
[d]
The structure shall be enclosed within a locked,
chain-link fence or comparable wall or structure at least eight feet
high.
[e]
No signals or lights shall be permitted on towers
unless required by the Federal Communications Commission or the Federal
Aviation Administration.
[f]
Ground-level equipment buildings associated with
the towers shall be screened and secured from adjacent properties
by landscaping and fencing.
[g]
The applicant shall submit an affidavit with the
Board of Appeals application stating that space on the proposed tower
will be made available to future users when possible.
[h]
An environmental impact statement, including information
on emission levels and the impact of the structure on the ecosystem,
shall be provided as evidence at the Board of Appeals hearing.
[i]
A nonionizing electromagnetic radiation analysis
shall be submitted for review with every application for placement
of an antenna on an existing tower or placement of a new tower. The
analysis shall cite, incorporate and meet the current ANSI standards.
[j]
Environmental Protection Agency standards and guidelines
relating to radiation emissions shall be met at all times.
[k]
Every five years or sooner, in the event of substantial
damage, a certification by a professional structural engineer registered
in the State of Maryland shall be filed with the Department of Public
Works, indicating that the communications tower meets all safety requirements.
Any upgrade or maintenance required to comply with any changes in
the safety requirements, or to maintain the safety thereof, shall
be performed prior to the filing of such certification.
[l]
The applicant shall minimize adverse visual effects
of towers through careful design, siting and vegetative screening
and shall avoid potential damage to adjacent properties from tower
failure and falling ice through engineering and careful siting of
tower structures.
[m]
The applicant shall cooperate in Town efforts to
maximize the use of new communications transmission towers in order
to reduce the number of towers needed.
[n]
A communications tower that is no longer used shall
be removed from the site within one year of the date that the use
ceases.
(c)
Drive-through facility for a restaurant, car wash, pharmacy,
bank and other similar uses shall be subject to the following requirements.
[1]
Performance standards.
[a]
The use shall be designed so that pedestrian and
vehicular circulation is coordinated with that of adjacent properties.
A traffic impact study shall be required.
[b]
Drive-through lanes shall be marked with distinctive
pavement markings and/or special striping and shall not block exit
or entry to off-street parking spaces otherwise required on the site.
[c]
Adequate spaces for stacking at drive-through facilities
shall be provided. Specifically, five stacking spaces are required
from the first window or bay, plus two for each additional station
(intercom).
[d]
Noise from speaker systems shall be regulated to
meet State of Maryland standards for control of noise pollution.
[e]
Drive-through windows and vehicle queing lanes
shall be located along the side and rear facades and not between the
building and primary public right-of-way.
(e)
Hotel.
[1]
Performance standards.
[a]
Circulation and parking shall be adequate to fulfill
requirements of all proposed uses, principal and accessory. A traffic
analysis shall be provided by the applicant demonstrating adequacy
of the system to the satisfaction of the Planning Commission/Board
of Town Commissioners.
[b]
The public streetscape shall be developed between
the street-front building and the street curb as a safe and convenient
pedestrian area, with amenities such as paving, lighting, seating,
shelter and landscaping located into attractive groupings that provide
for safe and unobstructed pedestrian movement.
(h)
Motor vehicles and related service uses/car wash/auto detailing.
[1]
Performance standards.
[a]
All sales and installation facilities operations
shall be conducted within a wholly enclosed building. Outdoor display
of motor vehicles for sale shall be permitted if areas for this purpose
are integrated into the overall site design and are compatible with
the adjacent and neighboring properties. The applicant shall submit
a plan indicating outdoor storage areas and screening of such areas.
The Planning Commission may require additional landscape treatment
to address this requirement.
[b]
Neighboring properties shall be protected from
site illumination, noise and odor. Noise shall be regulated to meet
Control of Noise standards as specified by the State of Maryland.
[c]
A sightly, solid wall or fence at least five feet
high shall be located along all property lines adjoining residentially
zoned land. Such wall shall contain no advertising and shall be maintained
in good condition. Fenced areas shall be landscaped on the residential
side to provide screening from residential areas.
[d]
The area of the lot devoted to vehicle display
or storage shall include no more than the 75% of the total lot area,
exclusive of floodplains, steep slopes, or other environmentally sensitive
areas.
[e]
The number and type of vehicles permitted on the
lot shall be determined on a case-by-case basis, taking into account
factors such as the gross weight of the vehicle, vehicle size, nature
of the vehicle (commercial, industrial, passenger, or other), impacts
on adjoining properties and traffic implications of the facility.
[f]
A safe, identifiable driving lane shall be provided
within the parking lot.
[g]
Landscape islands, curbs and signs shall be used
to clearly distinguish the parking from loading, delivery areas and
driving lanes.
[h]
Adequate space shall be provided on site for service
and delivery vehicles.
[i]
Turning areas shall be provided in order to avoid
dead-end parking situations.
[j]
Outdoor storage or service areas shall be located
on the side or rear yard and screened from the street with a wall
or fence.
[k]
Pump islands and vehicle circulation for filling stations shall be screened with a wall and landscaped as described in Article VIII. Pump island canopies shall be set back a minimum 10 feet from right-of-way and 15 feet from adjacent property lines.
[l]
Building facades in the B-2/B-2A and B-3A Districts
shall be a minimum of 30% window area. Required street frontage shall
not apply.
[2]
Guidelines.
[a]
Display for sale or rental purposes of motor vehicles,
trailers, boats, camping trailers, or other vehicles may be permitted,
provided that the lot on which the vehicles are parked is adequately
screened from all neighboring residentially zoned land or land proposed
for residential purposes by the Town of Bel Air Comprehensive Plan.
(i)
Outdoor dining or bar service.
[1]
Performance standards.
[Amended 9-16-2019 by Ord. No. 792-19]
[a]
Amplified music or use of a public address system
is not permitted after 10:00 p.m.
[b]
Live entertainment or recreational games are not
permitted after 10:00 p.m.
(k)
Professional, business and personal services in Transition Overlay
Districts and R-O Districts shall comply with the following:
[1]
Performance standards.
[a]
Merchandise offered for sale in the R-O District
on the premises in connection with the use shall be limited to those
that are secondary and incidental to the primary use, e.g., eyeglasses
for opticians. Retail sales shall be described in a written statement
submitted to the Zoning Administrator. If the Zoning Administrator
determines that products offered for sale are secondary to the use
and meet the intent of the regulations to limit retail sales operations
in residential areas, written authorization shall be issued by the
Zoning Administrator specifying approval and associated conditions.
[b]
No merchandise, material or equipment shall be
stored outside of any structure.
[c]
Adequate parking facilities shall be available
on site. No parking and/or loading shall be provided in the front
yard setback area.
[d]
The property owner shall maintain the residential
appearance of the dwelling or build a new building that is compatible
in size, shape and scale to nearby residential units.
[e]
Lighting shall be kept to a minimum. No floodlighting
or commercial lighting shall be permitted.
[f]
Uses in the Transition Overlay District shall provide
for services by appointment only with no walk-in or retail patrons.
(l)
Restaurants.
[1]
Performance standards.
[a]
Hours of operation shall be specified.
[b]
Trash and debris shall be removed from premises,
and lots shall be cleared of same regularly.
[c]
Drive-through restaurants shall be subject to § 165-53I(2)(c).
(m)
Tattooing and body-piercing service.
[1]
Performance standards.
[a]
The applicant shall comply with all state and federal
standards regarding handling, treatment and disposal of medical waste
as specified by the State of Maryland.
[b]
The applicant shall comply with OSHA Bloodborne
Pathogen Standards.
[c]
No such use shall be located within 1,000 feet
of a school nor 300 feet from a residential or institutional use other
than a school.
[d]
No such use shall be located within 1,000 feet
of an existing tattoo and/or body-piercing establishment.
[e]
The hours of operation shall not include any time
between 9:00 p.m. and 10:00 a.m.
(n)
Veterinary clinic/veterinary service/kennel.
[1]
Performance standards.
[a]
Disposal of organic and/or medical waste shall
be through approved, safe means and shall be separate from regular
trash disposal.
[b]
Veterinary services as a professional office use
in a residential district shall not include outdoor animal runs.
