This article contains regulations to specific uses that supplement
the requirements found in other articles of this chapter. If no additional
supplementary use regulations apply for a special exception use, the
use shall be consistent with the character of the current zoning district
and surrounding area as determined by the Zoning Administrator and
Board of Appeals.
Accessory apartments in the residential zones. It is the specific
purpose and intent of this chapter to allow accessory apartments through
conversion of existing larger residential structures located in those
zones permitting residential uses and to provide the opportunity and
encouragement to meet the special housing needs of single persons
and couples of low and moderate income, both young and old, as well
as relatives of families currently residing in the Town of Indian
Head. It is furthermore the intent and purpose of this provision to
allow the more efficient use of the Town's existing housing stock.
The following specific standards are set forth as condition for such
accessory uses:
A.
The owner of the residential dwelling unit in which the accessory
apartment is to be located shall occupy at least one of the dwelling
units on the premises.
B.
An accessory apartment may be located either in the principal dwelling
unit or in an accessory building.
C.
Apartment size. The minimum floor area for an accessory apartment
within a principal dwelling shall be 300 square feet but in no case
shall it exceed 30% of the gross floor area of the dwelling in which
it is located. For accessory apartments located in accessory buildings,
the minimum floor area shall also be 300 square feet, there shall
be no more than two bedrooms in the apartment, and the apartment shall
not occupy more than 50% of the main structure.
D.
Number of accessory apartments per lot. There shall be no more than
one accessory apartment permitted per existing single-family dwelling.
E.
Exterior appearance. When an accessory apartment is located in the
principal dwelling building, the entry to such unit and its design
shall be such that, to the degree reasonably feasible, the appearance
of the building will remain as a single-family residential structure
and no external entrance that faces a road or street will be added.
F.
Water and sewer service. Prior to the issuance of a building permit
for the establishment of an accessory apartment in an existing residential
structure, or the conversion of an existing accessory building to
an accessory apartment use, approval of the proposed method of water
supply and sewage disposal shall be obtained.
A.
Townhouses.
(1)
Both sides of rear yards shall be screened with a privacy-type
fence or hedge of six feet minimum height approved by the Planning
Commission and extending not less than 15 feet from the rear building
wall.
(2)
Open space. A minimum of 800 square feet per townhouse lot shall
be maintained in common open space areas exclusive of front, side,
or rear yards in a location approved by the Planning Commission.
(3)
Landscaping. All areas not occupied by buildings, roads, parking
areas, service areas, or other required or permitted uses, including
open spaces and usable recreation areas, shall be landscaped by lawns,
trees, shrubs, gardens, or other suitable ground cover.
(4)
Landscaping plan and approval. A landscaping plan and a schedule of planting shall be included with the site plan. Landscaping plans shall meet the requirements of Chapter 233, Grading and Sediment Control, and other applicable regulations.
(5)
Building requirements and relationship.
(a)
Dwelling units per townhouse structure and length of structure.
No more than five dwelling units shall be contained in a townhouse
structure without a setback between structures as specified below.
(b)
Distance between buildings. The minimum distance between any
two unattached townhouse structures shall be 40 feet. The distance
shall be increased to 60 feet if the townhouse structures are face-to-face.
The point of measurement shall be the exterior walls of the structures
and does not include balconies or other architectural features. In
the event that the structures are contained within a townhouse cluster,
the above distances may be reduced to 25 feet and 40 feet, respectively.
(c)
Distance to service areas. No townhouse structure shall be closer
than 20 feet to any interior driveway or closer than 15 feet to any
off-street parking area, excluding garages built into an individual
townhouse unit.
(d)
Code requirements. All structures shall comply with all Town,
county and state codes. In addition, separation walls between units
must be a listed, fire-rated assembly, constructed of block, and all
units must be provided with sprinkler protection in accordance with
the requirements of NFPA 13D. Exterior walls shall be constructed
of brick. The use of aluminum or vinyl siding is not permitted.
(e)
All lots within a townhouse cluster shall front on a public
way. A public way intended for pedestrian circulation shall have a
minimum width of five feet.
(f)
All public ways or other common facilities within a townhouse
cluster shall be maintained by the property owners within the townhouse
cluster.
(g)
A townhouse cluster shall not be bisected or penetrated by a
public street.
(h)
A public way intended for pedestrian circulation shall be provided
between abutting rear lot lines.
B.
Apartments/condominiums (use group 1.320).
(1)
Density controls.
(a)
Maximum density. The maximum density shall not exceed the permitted
density for the zoning district as average for the total area.
(b)
Open area. A minimum of 30% of the total tract area shall be
maintained as open area. This required open area shall not be devoted
to service driveways, off-street parking, loading spaces, or drying
yards. It is further provided that 25% of the above-referenced open
area be suitable for usable recreational space and each such recreational
space shall be at least 50 feet in the least dimension with a minimum
area of 5,000 square feet.
C.
Other multifamily development (use group 1.330).
(1)
Density controls. When permitted in a residential zoning district,
the multifamily structure shall meet the maximum density for that
district. When permitted in other zoning districts, the intensity
will be regulated by the floor area ratio standards below.
(2)
Floor area ratio. The floor area ratio is shown in the Schedule of Zone Regulations (Article XII).[1] In calculating the floor area ratio, only the floor area
contained within the principal structure shall be included. Floor
area within covered parking garages, providing this area is exclusively
devoted to off-street parking facilities, is excluded from the calculation.
[1]
Editor's Note: The Schedule of Zone Regulations is included as an attachment to this chapter.
(3)
Building coverage. The following maximum lot coverage shall
apply to principal and accessory buildings within the district:
(4)
Minimum floor areas. For the purposes of this section, the following
shall be considered minimum habitable floor areas:
(5)
Open area. A minimum of 30% of the total tract area shall be
maintained as open area. It is further provided that 50% of the above-referenced
open area shall be maintained for and suitable as usable recreation
space. This required recreation space shall be in such dimensions
as to be usable for active and passive recreation.
(6)
Setbacks. All buildings and structures shall be set back a minimum
of 200 feet from the right-of-way line of any public street or adjacent
property lines. This setback shall be exclusively devoted to landscaping
and open area and shall not be occupied by any building, structure,
or off-street parking area.
(7)
Setback between buildings. The setback between any two principal
buildings on the same lot shall be two feet of setback for every one
foot of building height; provided, however, that the minimum setback
between buildings shall be 50 feet.
(8)
Landscaping.
(a)
Area to be landscaped. All lot area not occupied by principal
and accessory structures, required off-street parking, loading, access,
and circulation facilities, or other required areas shall be landscaped
by lawns, trees, shrubs, ground cover, and other appropriate materials.
(9)
Building height.
(a)
Principal building or structure. Within the RM or TCMX Planned
Districts, principal structures may be erected to a height not exceeding
60 feet when the required side and rear yards are each increased by
at least one foot for each additional foot of building height above
the height restrictions for the district in which the building is
located, except as otherwise prohibited as an obstruction to air navigation. TCMX
Planned Districts, principal structures may be erected exceeding 60
feet through a special exception application. When permitted in zoning
districts outside the RM and TCMX Districts, the height shall be limited
to the overall height limitations of that district.
(b)
Accessory structures. No accessory structure shall exceed two
stories or 20 feet in height.
A nursing home or care home may be allowed upon a finding that
such use will not constitute a nuisance because of traffic, noise,
or number of patients or people being cared for; that, except for
buildings completed prior to the time of adoption of this section
and additions thereto, such use will be housed in buildings architecturally
compatible with other buildings in the surrounding neighborhood; that
such use will not adversely affect the present character or future
development of the surrounding residential community; and that such
use can and will be developed in conformity with the following minimum
area, density, coverage, frontage, setback, access, and screening
requirements where specified:
B.
All care institutions hereafter established and all additions to
existing homes where nine or more people are cared for:
(1)
Minimum lot area, as stated in the applicable zone, but in no
case less than one acre.
(3)
Maximum coverage: as required in the applicable zone.
(4)
Minimum lot frontage: as stated in the requirements for the
applicable zone.
(5)
Minimum setbacks.
(a)
Front yards: as specified for the applicable zone, except that,
for purposes of this section, all yards facing a street shall be considered
front yards.
(b)
Side yards. The following minimums are in addition to those
otherwise required in the various zones:
[1]
One foot for each side yard for each bed in a residential
zone.
[2]
One-half foot for each side yard for each bed in
commercial and planned development zones.
[3]
In no case shall any minimum side yard be required
to be greater than 50 feet more than would otherwise be required in
the applicable zone.
(c)
Rear yards. One-half of the total of both side yards as required in Subsection B(5)(b)[2] above, but not less than the minimum required in the applicable zone.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(6)
Minimum screening, as determined by the Board, with special attention given to off-street parking and loading areas in accordance with Articles XVII and XVIII and in no case less than bufferyard C as shown in Appendix F.[1]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
A.
A site plan must be submitted for child-care centers, day-care centers,
day nurseries, day-care homes, and family day-care facilities, showing
existing or proposed building, play area, fencing, parking, ingress
and egress, and with the following:
(1)
The applicant shall meet requirements of state and local health
departments for family/group care.
(2)
The Board may prescribe specific conditions determined necessary
to minimize effects of use on neighboring properties given identifications
of concerns specific to a particular site.
(3)
The applicant shall provide 100 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
area. Usable outdoor recreation areas shall be limited to the side
and rear yards of the property. Recreational areas shall not include
the required front yard of the property or any off-street parking
areas.
(4)
The child-care provider shall comply with all applicable state
laws and regulations that govern the facility for which the approval
is sought from the Town. The applicant must be able to present a child-care
licensing certificate and inspection report from the State of Maryland
agency that regulates the facility.
(5)
The applicant must provide guarantees as may be deemed necessary
by the Board that the proposed child day-care center will not constitute
a nuisance nor be disruptive to the neighborhood due to the number
of children being cared for, noise, traffic, or any other activity
associated with the use. The Board shall specifically consider existing
day cares within a 500-foot radius of the proposed day care in order
to determine the extent of neighborhood impact. Said radius shall
be measured from the center point of the front building setback line.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(6)
The applicant must demonstrate to the Board's satisfaction that
sufficient pickup and drop-off areas are available.
B.
A site plan must be submitted for adult day-care centers showing
existing or proposed building, fencing, parking, ingress and egress,
and with the following:
(1)
The applicant shall meet the requirements of federal, state,
and local regulations, including, but not limited to, building, zoning,
fire, food, safety, health, and Americans with Disabilities Act of
1990, and latest amendments thereto.
(2)
The Board may prescribe specific conditions necessary to minimize
effects of use on neighboring properties given identifications of
concerns specific to a particular site.
(3)
The provider shall comply with Subtitles 2 and 3 as defined
in Health – General Article, Title 14, of the Annotated Code
of Maryland. The applicant must present a licensing certificate and
inspection report from the State of Maryland.
(4)
The applicant must provide guarantees as may be deemed necessary
by the Board that the proposed elderly day-care center will not constitute
a nuisance nor be disruptive to the neighborhood due to the number
of elderly being cared for, noise, traffic, or any other activity
associated with the use. The Board shall specifically consider existing
day cares within a 500-foot radius of the proposed day care in order
to determine the extent of neighborhood impact. Said radius shall
be measured from the center point of the front building setback line.
(5)
The applicant must demonstrate to the Board's satisfaction that
sufficient pickup and drop-off areas are available.
A.
The use of a one-family dwelling for a rooming house, bed-and-breakfast,
or country inn may be allowed by special exception, upon a finding
by the Board that such use will not constitute a nuisance because
of sidewalk or street traffic, noise, or type of physical activity,
and that such use will not tend to affect adversely the use and development
of adjoining properties in the immediate neighborhood. Such establishments
are subject to the following criteria:
(1)
The establishment shall be located on a state-maintained road
with direct access to the state-maintained road. "Direct access" shall
mean an entrance located on the same property as the rooming house,
bed-and-breakfast, or country inn.
(2)
The driveway entrance onto the state-maintained road shall meet
MDOT standards.
(3)
One off-street parking space shall be provided for each guest
room and shall be located at the rear of the site. Further parking
area shall be 50 feet from any adjacent residentially zoned property
or shall be adequately screened.
(4)
Applicable requirements of the County Health Department, the
Fire Marshal's Office, the Town Building Code, and the Annotated Code
of Maryland shall be met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(5)
The establishment shall be owner/manager-occupied and -managed.
(6)
Accessory commercial activities such as weddings, graduation,
and similar parties are allowed only if included as part of the special
exception application.
(7)
No separate kitchen facilities shall be provided.
(8)
The individual rooms may not contain any cooking facilities.
For rooming houses, the individual rooms may not contain more than
one person.
B.
Site development criteria.
(1)
Off-street parking:
(a)
One off-street parking space shall be provided for each guest
room.
(b)
Parking may be provided off-site in a public lot or with certification
of permission of off-site owner, such parking to be located a convenient
distance from the rooming house, bed-and-breakfast or country inn.
(c)
The parking area shall not be located within the setbacks of
the required yards.
A hotel, motel, or inn may be allowed, provided that all the
requirements imposed in the zone are met and provided further that
special conditions, such as for additional fencing and/or planting
or other landscaping, additional setback from property lines, location
and arrangement of lighting, and other reasonable requirements deemed
necessary to safeguard the general community interest and welfare,
may be invoked by the Planning Commission.
A.
Accessory uses may include gift shop, beauty shop, barbershop, restaurant,
cocktail lounge/nightclub, auditorium/meeting facilities, and similar
retail stores and commercial establishments. The Planning Commission
may require studies of the market for specific accessory uses as well
as the principal use.
B.
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 the adequacy of
the system to the satisfaction of the Planning Commission.
C.
The applicant shall design the building roof to screen mechanical
equipment from public view and to contribute to an attractive streetscape.
D.
The applicant shall develop the public streetscape between the street-front
building and the street curb to accommodate safe and convenient pedestrian
movement.
E.
The applicant shall locate amenities such as lighting, seating, shelter,
and landscaping into attractive groupings that provide for safe and
unobstructed pedestrian movement.
F.
The applicant shall design fences and retaining walls that are consistent
in materials and quality to that of the building and the adjacent
properties.
G.
The applicant shall design and locate signs so that their illumination
is directed away from adjacent neighbors.
H.
The applicant shall integrate ground signs into the design of the
site and the streetscape.
I.
Vehicular access to the subject property shall not be by means of
any street internal to a subdivision for one-family dwellings.
A.
Temporary residences used on construction sites of nonresidential
premises shall be removed immediately upon the completion of the project.
B.
Permits for temporary residences to be occupied pending the construction,
repair, or renovation of the permanent residential building on a site
shall expire within six months of the date of issuance, except that
the Zoning Administrator may renew such permit for one additional
period not to exceed three months if he determines that such renewal
is reasonably necessary to allow the proposed occupants of the permanent
residential building to complete the construction, repair, renovation,
or restoration work necessary to make such building habitable.
Home occupations within the context of the definition of home
occupations provided in this chapter are permitted subject to the
following:
A.
Not more than one person other than members of the family residing
on the premises shall be engaged in such occupation.
B.
The use of the dwelling unit for the home occupation shall be clearly
incidental and clearly subordinate to its use as a residence and not
more than 25%, including an attached garage or 300 square feet of
the floor area of the dwelling unit or 300 square feet of the floor
area of the accessory building, shall be used in the conduct of such
occupation.
C.
There shall be no change in the outside appearance of the building or premises, other than one sign as permitted in Article XVI. Residential appearance shall be maintained, and the proposed development shall be in keeping with the character of the neighborhood.
D.
No equipment or process shall be used which creates noise, vibration,
glare, fumes, odors, or electrical interference detectable outside
of the dwelling unit.
E.
No article of commodity shall be offered for sale or publicly displayed
on the premises except those incidental to services offered.
F.
Parking generated by the conduct of such home occupation shall be
met off the street and in a location other than in a required front
yard.
G.
Funeral homes, veterinary animal hospitals and grocery stores shall
not be permitted as home occupations.
H.
A private educational institution, rooming house, rooming house,
or tourist home shall not be deemed a home occupation.
I.
Home occupation applications within the TCMX Zone are subject to approval by the Board of Appeals, except as provided in Subsection J.
J.
No-impact home occupations. The Zoning Administrator may approve
a zoning permit/certificate for a no-impact home occupation in all
districts if:
(1)
No customer visits are allowed in connection with the no-impact
home occupation. For purposes of this section, a "customer visit"
means a visit to the home by one automobile transporting one or more
clients or customers.
(2)
No employees or persons, other than the person or persons residing
in the dwelling unit, are permitted to engage in the home occupation
on site.
(3)
No deliveries or storage related to the home occupation are
permitted.
(4)
Not more than 20% or 300 feet of the total floor space of the
dwelling is permitted for business purposes, whichever is less.
(5)
The applicant completes an application for the home occupation
on a form provided by the Town.
An antique shop may be allowed in an existing building or part of an existing building, provided that the original character of the building be maintained; that such use shall not constitute a nuisance because of traffic, noise, type of physical activity, or any other element that is incompatible with the character of the surrounding neighborhoods; and that signs shall be limited to identification signs. The location and design of the signs shall be subject to the provisions contained in Article XVI.
Retail sales and personal service establishments in a group
of multifamily dwellings may be permitted in the TCMX Zone subject
to the following requirements:
A.
Only the following types of establishments shall be permitted:
(1)
Banks or savings and loan offices.
(2)
Barbershops and beauty shops.
(3)
Bookstores.
(4)
Drugstores.
(5)
Dry-cleaning and laundry pickup stations.
(6)
Florists.
(7)
Food and beverage stores.
(8)
Gift shops.
(9)
Jewelry stores.
(10)
Laundromats.
(11)
Newsstands.
(12)
Office, banking.
(13)
Restaurants.
(14)
Variety and dry goods stores.
B.
The establishments shall be primarily for the service of the residents
of the building or complex in which it is located, and no deliveries
shall be made except to such residents.
C.
The establishments shall not be located on any floor above the ground
level, except that a restaurant may be located on a top floor or penthouse.
D.
The establishments shall be located and constructed as to protect
tenants of the building from noise, traffic, odors, and interference
with privacy.
Retail sales and personal service establishments in an office
building may be permitted subject to the following requirements:
A.
The establishments shall be primarily for the service of the tenants
and employees of the building or group of buildings on the same lot
or group of contiguous lots in common ownership or control.
B.
Such establishments shall occupy not more than 30% of the total floor
area of the building or group of buildings.
C.
The establishments shall be so located and constructed as to protect
tenants of the building from noise, traffic, odors, and interference
with privacy.
Alcoholic beverage sales and/or liquor stores may be permitted
as a special exception in the TCMX Zone and shall be permitted in
the GC Zone, provided that no such establishment is located nearer
than 1,000 feet to any principal structure used as a hospital, house
of worship, or school.
A.
A medical or dental clinic shall be subject to the following specific
conditions:
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum frontage: 200 feet.
(3)
Minimum setback: 40 feet from all property lines.
(4)
Maximum building height: as specified in zone.
(5)
Maximum building coverage: 15%.
(6)
Location of access: on business district street, arterial, or
major highways.
(7)
Disposal of waste shall be through approved, safe means and
shall be separate from regular trash disposal.
B.
Accessory services, including laboratories and pharmacies for the
use of patients visiting medical practitioners in the clinic, shall
be permitted as part of the clinic facility, subject to the following
specific conditions:
(1)
All entrances to parts of the building in which these accessory
services are provided shall be from within the building, and any direct
access from the street is prohibited.
(2)
The hours during which these services are provided shall be
the same as those during which medical practitioners are receiving
patients.
A.
For the purpose of determining the density of equivalent opacity
of smoke, the Ringelmann Chart, as adopted and published by the United
States Department of Interior, Bureau of Mines Information Circular
8333, May 1967, shall be used. The Ringelmann number referred to in
this section refers to the number of the area of the Ringelmann Chart
that coincides most nearly with the visual density of equivalent opacity
of the emission of smoke observed. For example, a reading of Ringelmann
No. 1 indicates a 20% density of the smoke observed.
B.
All measurements shall be taken at the point of emission of the smoke.
C.
In all zoning districts, no 4.000 use classification use may emit,
from a vent, stack, chimney, or combustion process, any smoke that
is visible to the naked eye.
D.
In the CG District, no 4.000 use classification use may emit, from
a vent, stack, chimney, or combustion process, any smoke that exceeds
a density or equivalent capacity of Ringelmann No. 1, except that
an emission that does not exceed a density or equivalent capacity
of Ringelmann No. 2 is permissible for a duration of not more than
four minutes during any eight-hour period if the source of such emission
is not located within 250 feet of a residential district.
E.
In the CG District, no 4.000 use classification use may emit, from
a vent, stack, chimney, or combustion process, any smoke that exceeds
a density or equivalent capacity of Ringelmann No. 2, except that
an emission that does not exceed a density or equivalent capacity
of Ringelmann No. 3 is permissible for a duration not more than four
minutes during any eight-hour period if the source of emission is
not located within 500 feet of a residential district.
A.
No 4.000 use classification use in any permissible business district
may generate noise that tends to have an annoying or disruptive effect
upon uses located outside the immediate space occupied by the 4.000
use if that use is one of several located on a lot, or uses located
on adjacent lots.
B.
Except as provided in Subsection F, the table set forth in Subsection E establishes the maximum permissible noise levels for 4.000 classification use, and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the 4.000 classification use is located.
C.
A "decibel" is a measure of a unit of sound pressure. Since sound
waves having the same decibel level sound louder or softer to the
human ear depending upon the frequency of the sound wave in cycles
per second (i.e., whether the pitch of the sound is high or low),
an A-weighted filter constructed in accordance with the specifications
of the American National Standards Institute, which automatically
takes account of the varying effect on the human ear of different
pitches, shall be used on any sound level meter taking measurements
required by this section, and accordingly, all measurements are expressed
in dB(A) to reflect the use of this A-weighted filter.
D.
The standards established in the table set forth in Subsection E are expressed in terms of the equivalent sound level (Leq), which must be calculated by taking 100 instantaneous A-weighted sound levels at ten-second intervals.
E.
Table of Maximum Permitted Sound Levels, dB(A).
|
Zoning of Adjacent Lot (re: 0.0002 microbar)
| ||||
|---|---|---|---|---|
|
Zoning of Lot Where Resident and RM
| ||||
|
4.000 Use Located
|
7:00 a.m. to 7:00 p.m.
|
7:00 p.m. to 7:00 a.m.
|
GC
|
TCMX
|
|
GC
|
50
|
45
|
65
|
55
|
F.
"Impact noises" are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of 10 dB(A) in excess of the figures listed in Subsection E, except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.
G.
Noise resulting from temporary construction activity that occurs
between 7:00 a.m. and 6:00 p.m. or between 8:00 a.m. and 6:00 p.m.
on Saturdays shall be exempt from the requirements of this section.
A.
No. 4.000 use classification use in any permissible business district
may generate any ground-transmitted vibration that is perceptible
to the human sense of touch measured at the outside boundary of the
immediate space occupied by the enterprise generating the vibration
if the enterprise is one of several located on a lot, or the lot line
if the enterprise is one of several located on a lot, or the lot if
the enterprise generating the vibration is the only enterprise located
on a lot.
C.
The instrument used to measure vibrations shall be a three-component
measuring system capable of simultaneous measurement of vibration
in three mutually perpendicular directions.
D.
The vibration maximums set forth in Subsection E are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
|
PV=6.28 FxD
|
|
Where:
| ||
|
PV
|
=
|
Particle velocity, inches per second
|
|
F
|
=
|
Vibration frequency, cycles per second
|
|
D
|
=
|
Single amplitude displacement of the vibration, inches
|
|
The maximum velocity shall be the vector sum of the three components
recorded.
|
E.
Table of Maximum Ground-Transmitted Vibration.
|
Particle Velocity
(inches per second)
| ||
|---|---|---|
|
District
|
Lot Line
|
Zoning Adjacent Residental District Line
|
|
GC
|
0.20
|
0.02
|
F.
The values stated in Subsection E may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.
G.
Vibrations resulting from temporary construction activity that occurs
between 7:00 a.m. and 6:00 p.m. shall be exempt from the requirements
of this section.
A.
For purposes of this section, the "odor threshold" is defined as
the minimum concentration in air of a gas, vapor, or particulate matter
that can be detected by the olfactory systems of a panel of healthy
observers.
B.
No 4.000 classification use in any district may generate any odor
that reaches the odor threshold, measured at:
A.
Any 4.000 classification use that emits any "air contaminant" as
defined in the State air pollution control law[1] shall comply with applicable State standards concerning
air pollution, as set forth in the Annotated Code of Maryland.
[1]
Editor's Note: See § 2-1001 et seq. of the Environment
Article of the Annotated Code of Maryland, the Healthy Air Act.
B.
No zoning or special exception permit may be issued with respect to any development covered by Subsection A until the Maryland Department of the Environment has certified to the permit-issuing authority that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
No 4.000 classification use in any district may discharge any waste
contrary to the provisions of any law governing discharges of radiological,
chemical, or biological wastes into surface or subsurface waters.
B.
No 4.000 classification use in any district may discharge into the
Town's sewage treatment facilities any waste that cannot be adequately
treated by biological means.
No 4.000 classification use may:
A.
Create any electrical disturbance that adversely affects any operations
or equipment other than those of the creator of such disturbance;
or
B.
Otherwise cause, create, or contribute to the interference with electronic
signals (including television and radio broadcasting transmissions)
to the extent that the operation of any equipment not owned by the
creator of such disturbance is adversely affected.
A.
Except where permitted by right, a lot or parcel of land may be allowed
to be used for a private educational institution as a special exception
upon a finding by the Board:
(1)
That such use will not constitute a nuisance because of traffic,
number of students, noise, type of physical activity, or any other
element that is incompatible with the environment and character of
the surrounding neighborhoods; and
(2)
That, except for buildings and additions thereto completed,
or for which building permits have been obtained prior to the time
of adoption of this section, such use will be housed in buildings
architecturally compatible with other buildings in the surrounding
neighborhoods and, in the event that such building is to be located
on a lot, tract, or parcel of land of two acres or less, in either
an undeveloped area or an area substantially developed with single-family
homes, that the exterior architecture of such building will be of
a residential home design and at least comparable to existing residential
homes, if any, in the immediate neighborhood; and
(3)
That such use will not, in and of itself or in combination with
other existing uses, affect adversely or change the present character
or future development of the surrounding residential community; and
(4)
That such use can and will be developed in conformity with the
following area, density, building coverage, frontage, setback, access,
and screening requirements, where specified:
(a)
Area, frontage, and setback. As shall be specified in a site
plan of development approved by the Board, provided that in no event
shall such standards be less than the area regulations for the zone
in which the private educational institution is proposed to be located;
and
(b)
Access building coverage and screening. As shall be specified
in a site plan of development approved by the Board; and
(c)
Density. Such density, being the allowable number of pupils
per acre permitted to occupy the premises at any one time, as shall
be specified by the Board upon consideration of the following factors:
B.
If the school offers general academic instruction below college level,
an outdoor play area (or other outdoor activity area) shall be required
that shall have a usable space of at least 100 square feet per student.
The area shall be located at least 25 feet from any adjoining lot.
C.
Nonconforming uses. Nothing in this chapter shall prevent any existing
private educational institution that obtained a special exception
prior to the effective date of this chapter from continuing its use
to the full extent authorized under the resolution granting the respective
special exception.
Public art or cultural centers are permitted.
An eleemosynary or philanthropic institution may be allowed
upon a finding by the Board that the proposed use will not constitute
a nuisance because of noise, traffic, number of people, or type of
physical activity, subject to the following minimum area, frontage,
and setback requirements:
Conference centers shall be permitted in the TCMX and GC Zones,
provided:
A.
No more than 10% of the land may be occupied with buildings.
B.
All buildings and parking lots shall be set back from all adjoining property lines, including publicly dedicated streets, roads, and highways, not less than 200 feet, and the maximum height of any building shall be as provided in Article XII.
C.
The land shall have direct access to a public highway of a collector
or arterial classification designated on the Official Roadway Classification
Map.[1] The major point of vehicular access to and from the lands
shall be provided by this collector or arterial road.
[1]
Editor's Note: Said map is on file in the Town offices.
D.
Any retail business conducted on the premises shall be primarily
for the use of the guests of the center, and there shall be no entrances
directly from the road to such businesses, and no signs or other evidence
indicating the existence of such businesses visible from the outside
of the building.
E.
If this use is to be located in the resource conservation area (RCA)
of the Chesapeake Bay Critical Area, the applicant must apply for
and receive growth allocation prior to any approvals.
F.
The conference center and all associated structures and uses, unless
proven to be water-dependent, shall be located outside of the Critical
Area buffer.
G.
The conference centers may provide food and beverage (both nonalcoholic
and alcoholic) to guests of the center attending functions, meetings,
conferences, and other events at the facility. Service of food and
beverages shall only be provided to guests of the center and not to
the general public.
H.
All conference center structures in which alcoholic beverages are
being served to guests and areas where alcoholic beverages are being
consumed by guests shall be located a minimum of 1,000 feet from any
structure on an adjoining parcel that is being used as a hospital,
church or school or facility that serve youth.
The approval authority may authorize a golf course, country
club, private club, or service organization, including community buildings,
upon a finding that the proposed use will not adversely affect surrounding
residential uses because of noise, traffic, number of people, or type
of physical activity, providing that the following standards and requirements
can be met:
A.
The provision of food, refreshments, and entertainment for club or
organization members and their guests may be allowed in connection
with such use, provided the availability of such services is not reasonably
expected to draw an excessive amount of traffic through local residential
streets.
B.
All buildings shall conform to the height, coverage, and setback
regulations of the zone in which they are located, and all facilities
shall be so located as to conform to other special exception standards.
C.
All outdoor lighting shall be located, shielded, landscaped, or otherwise
buffered so that no direct light shall constitute an intrusion into
any residential area.
D.
A minimum 100-foot setback for all buildings and parking areas shall
be provided adjacent to single-family dwelling districts or uses.
E.
Vehicular access shall be derived from an arterial street.
G.
A minimum fifty-foot buffer shall be provided adjacent to the clubhouse/office
and parking areas when said facilities are located adjacent to single-family
dwelling districts or uses.
H.
A minimum twenty-five-foot buffer shall be provided adjoining single-family
zoning or uses not part of the golf course development. Buffers shall
be adequate to prevent the escape of golf balls from the course.
I.
Off-street parking and loading areas, tennis courts, golf tees, and
maintenance facilities may require additional screening as determined
by the Board.
A golf driving range may be allowed, provided that the surrounding
area is predominantly undeveloped. Such a use shall be for a period
of not more than two years, subject to renewal.
A commercial swimming pool, including accessory buildings, may
be allowed upon a finding by the Board that such a use will not constitute
a nuisance because of traffic, noise, or physical activity, provided
that the following minimum area, frontage, and setback requirements
shall be complied with:
Where a community swimming pool is allowed, the Board shall
determine that such use will not adversely affect the present character
or future development of the surrounding residential community and
that such use of land will conform to the following minimum requirements:
A.
The swimming pool, including the apron and any buildings, shall not
at any point be closer than 75 feet to the nearest property line nor
closer than 125 feet to any existing single-family or two-family dwelling,
provided that where the lot upon which it is located abuts a railroad
right-of-way, publicly owned land, or land in a commercial zone, such
pool may be constructed not less than 25 feet at any point from such
railroad right-of-way, publicly owned land, or commercial zone. Any
buildings erected on the site of any such pool shall comply with the
yard requirements of the zone in which the pool is located.
B.
A public water supply shall be available and shall be used for the
pool, or use of a private supply of water for the pool will not adversely
affect the water supply of the community.
C.
When the lot on which any such pool is located abuts the rear or
side lot line of, or is across the street from, any land in a residential
zone, other than publicly owned land, a wall, fence, or shrubbery
shall be erected or planted so as to substantially screen such pool
from view from the nearest property of such land in a residential
zone.
D.
Special conditions deemed necessary to safeguard the general community
interest and welfare, such as provisions for off-street parking, additional
fencing or planting or other landscaping, additional setback from
property lines, location and arrangement of lighting, and other reasonable
requirements, including a showing of financial responsibility by the
applicant, may be required by the Board as a requisite to the grant
of a special exception. "Financial responsibility" shall not be construed
to mean a showing of a 100% cash position at the time of application,
but shall be construed to mean at least 60%.
A lot, parcel, or tract of land to be used for a hospital or
sanitarium building may be allowed, upon a finding that such use will
not constitute a nuisance because of noise, traffic, or number of
people being cared for; that such use will not affect adversely the
present character or future development of the surrounding residential
community; and that the lot, parcel, or tract of land on which the
buildings to be used by such institution are located conforms to the
following minimum area, frontage, and setback requirements, off-street
parking, green area requirements, and building height limit:
A.
Total area: five acres.
B.
Frontage: 200 feet.
C.
All structures shall be located at least 200 feet from any adjacent
residential lot and 50 feet from any other use.
D.
All parking areas shall be located at least 50 feet from any adjacent
residential lot and shall be limited to a minimum in the front yard.
E.
Accessory uses may include recreational and educational services,
therapy areas, retail stores, personal and professional services,
and health services, provided that use of these facilities is limited
to on-site patients, residents, and their guests.
F.
A minimum of 50% 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.
G.
The approval authority or the applicant shall request a recommendation
from the Planning Commission with respect to a site plan, submitted
by the applicant, achieving and conforming to the objectives and requirements
of this section for off-street parking and open space.
H.
Building height limit: 75 feet.
I.
A resolution approving establishment by the State Health Services
Cost Review Commission or other applicable state agency shall be filed
with the Town of Indian Head.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
An assisted living facility may be allowed upon finding:
(1)
That such use will not constitute a nuisance because of noise,
vehicle traffic or parking, number of residents, or any other type
of physical activity;
(2)
That such use will not, when considered in combination with
other existing assisted living facilities in the neighborhood, result
in an excessive concentration of similar uses in the same general
neighborhood of the proposed use;
(3)
That any property to be used for an assisted living facility
is of sufficient size to accommodate the proposed number of residents
and staff; and
(4)
That the site to be used as an assisted living facility for
children provide ample outdoor play space, free from hazard and appropriately
equipped for the age and number of children to be cared for.
B.
In order to expedite decisions regarding proposed assisted living
facilities, the Board shall give priority consideration in scheduling
public hearings and in deciding petitions for such facilities.
C.
Nonconforming use. Where any child-care residence for up to eight
children or group home for people with intellectual disabilities has
been lawfully established at the same location prior to the effective
date of this chapter, such use shall not be required to obtain a special
exception.
D.
Applicant shall meet requirements of the State Department of Health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
The Planning Commission may prescribe specific conditions determined
necessary to minimize effects of use on neighboring properties given
identification of concerns specific to a particular site.
F.
Parking and loading shall be provided at the rear of the site.
G.
Adequate access to medical services, shopping areas, recreational,
and other community services often desired by elderly and handicapped
people shall be available to residents or provided on the site for
residents.
H.
Business uses that are 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.
I.
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.
J.
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 of approval.
Standard restaurants shall be permitted in the TCMX and GC Zones,
provided:
A.
Vehicular access shall not be by means of any street internal to
a subdivision of single-family dwellings;
B.
It shall be located outside of the Critical Area buffer;
C.
A bufferyard C meeting the standard of Appendix F[1] is provided between the restaurant, its parking area,
and all property lines that abut a residential or public institutionally
zoned property;
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
D.
All outdoor storage and refuse areas shall be fenced or screened
from view; and
E.
Lighting shall be designed and controlled so that any light source,
including interior of structure, shall be so shaded, shielded, or
directed that the light intensity or brightness shall not adversely
affect safe vision of operators of vehicles moving on public or private
roads, highways, or parking areas. Such lighting shall not shine into
residential or institutional structures.
A drive-in/fast food restaurant, bank, or car wash may be allowed upon a finding, in addition to findings required in Article X, that:
A.
The use will not constitute a nuisance because of noise, illumination,
fumes, odors, or physical activity in the location proposed.
B.
The use at the proposed location will not create a traffic hazard
or traffic nuisance because of its location in relation to similar
uses, necessity of turning movements in relation to its access to
public roads and intersections, or its location in relation to other
buildings or proposed buildings on or near the site and the traffic
patterns from such buildings or cause frequent turning movements across
sidewalks and pedestrianways, thereby disrupting pedestrian circulation
within a concentration of retail activity. A traffic impact study
shall be required.
C.
The use of the proposed location will not preempt frontage on any
highway or public road in such manner so as to substantially reduce
the visibility and accessibility of an interior commercial area zoned
or proposed for commercial use that is oriented to the same highway
or public road.
D.
When such use abuts a residential zone or institutional premises
not recommended for reclassification to commercial zone on the adopted
Comprehensive Plan and is not effectively screened by a natural terrain
feature, the use shall be screened by a solid wall or a substantial,
solid fence, not less than five feet in height, together with a three-foot-wide
planting strip on the outside of such wall or fence, planted in shrubs
and evergreens three feet high at the time of original planting and
which shall be maintained in good condition. Location, maintenance,
vehicle sight distance provision, advertising, and parking areas pertaining
to screening shall be as provided for in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
When such use occupies a corner lot, the ingress or egress driveways shall be located at least 20 feet from the intersection of the front and side street lines of the lot, as defined in Article XII, and such driveways shall not exceed 25 feet in width, provided that, in areas where no master plan of highways has been adopted, the street line shall be considered to be at least 60 feet from the center line of any abutting street or highway.
F.
Drive-through lanes shall be marked with distinctive pavement markings
and/or special striping and shall not block exit or entry to building
or to off-street parking spaces otherwise required on the site.
G.
Adequate spaces for stacking (lineup) at drive-through facilities
shall be provided. Specifically, bank: five for first station, plus
two for each additional station; restaurant: seven per station, five
of which must be before the ordering station (intercom).
H.
Vehicular access shall not be by means of any street internal to
a subdivision for single-family dwellings.
Drinking places shall be permitted in the GC District and may
be permitted as a special exception in the TCMX District, provided:
A.
A lot for the storage and rental of only the following rental vehicles:
automobiles, light trailers of such limited size and capacity so as
to be capable of being safely towed by a passenger motor vehicle designed
for carrying fewer than 10 passengers, and light- and medium-duty
trucks may be allowed, upon a finding by the Board that:
(1)
The use will not constitute a nuisance because of noise, fumes
or odors, or physical activity in the location proposed.
(2)
The use at the proposed location will not create a traffic hazard
or traffic nuisance because of its location in relation to similar
uses, necessity of turning movements in relation to its access to
public roads or intersections, its location in relation to other buildings
or proposed buildings on or near the site, the traffic pattern from
such buildings, or by reason of its location near a vehicular or pedestrian
entrance or crossing to a public or private school, park, playground,
hospital, or other public use or place of public assembly.
(3)
The use at the proposed location will neither adversely affect
nor impede the logical development of the general neighborhood or
of the commercial zone in which the lot is proposed considering service
required, population, character, density, and number of similar uses.
B.
In addition, the following requirements shall be complied with:
(1)
Unless the use is accessory to motor-vehicle-related fuel sales,
gasoline pumps and other service appliances shall not be permitted,
except that not more than one gasoline pump shall be permitted, but
only for the fueling of rental vehicles. No major repairs, spray-paint
operation, or body or fender repair shall be permitted.
(2)
Vehicles shall be stored or parked only on a surface area constructed
of material that will ensure a surface resistant to erosion and adequately
treated to prevent dust emission, surrounded by a raised curb. The
curb shall be located so that no vehicle can be parked or stored within
15 feet of any street line, nor within 15 feet of any property line
adjoining land in a residential zone, nor with three feet of any property
line. In a CG Zone, the entire lot shall be on or near grade with
the most traveled abutting street or highway.
(3)
There shall be at least 20 feet between access driveways on
each street, and all driveways shall be perpendicular to the curb
or street line.
(4)
When such a use occupies a corner lot, no access driveway shall be located less than 20 feet from the intersection of the front and side street lines of the lot, as defined in Article XII, and no such driveway shall exceed 45 feet in width. In areas where no master plan of highways has been adopted, the street line shall be considered to be at least 40 feet from the center line of any abutting street or highway.
(5)
Signs, product displays, parked vehicles, and other obstructions
that would adversely affect visibility at intersection or to driveways
shall be prohibited.
(6)
Lighting shall be low-level and so arranged as not to reflect
or to cause glare into any residential zone.
(7)
When such use abuts a residential zone or institutional premises not recommended for reclassification to commercial zone on the adopted Comprehensive Plan and is not effectively screened by a natural terrain feature, the use shall be screened by a solid wall or a substantial, solid fence, not less than five feet in height, together with a three-foot planting strip on the outside of such wall or fence, planted in shrubs and evergreens. The failure of the owner and/or operator to maintain any required planting so that they exist in a flourishing and healthy condition is grounds for revocation of the occupancy permit. Location, maintenance, vehicle sight distance provisions, and advertising pertaining to screening shall be as provided for in Articles XVII and XVIII. Screening shall not be required on street frontage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
An automobile and light truck storage lot may be permitted for
use in connection with a towing operation, but not for the storage
of junked cars.
A.
Automobile gas sales may be permitted upon a finding that:
(1)
The use will not constitute a nuisance because of noise, fumes,
odors, or physical activity in the location proposed.
(2)
The use at the proposed location will not create a traffic hazard
or traffic nuisance because of its location in relation to similar
uses, necessity of turning movements in relation to its access to
public roads or intersections or its location in relation to other
buildings or proposed buildings on or near the site and the traffic
pattern from such buildings, or by reason of its location near a vehicular
or pedestrian entrance or crossing to a public or private school,
park, playground or hospital, or other public use or place of public
assembly.
(3)
The use at the proposed location will not adversely affect nor
impede the logical development of the general neighborhood or of the
commercial zone in which the station is proposed, considering service
required, population, character, density, and number of similar uses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
In addition, the following requirements shall be complied with:
(1)
Signs, product displays, parked vehicles, and other obstructions
that adversely affect visibility at intersections or to station driveways
shall be prohibited.
(2)
Lighting, including permitted illuminated signs, shall be arranged
so as not to reflect or cause glare into any residential zone.
(3)
When such use occupies a corner lot, the ingress or egress driveways shall be located at least 20 feet from the intersection of the front and side street lines of the lot as defined in Article XII, and such driveways shall not exceed 45 feet in width, provided that in areas where no master plan of highways has been adopted, the street line shall be considered to be at least 40 feet from the center line of any abutting street or highway.
(4)
Gasoline pumps or other service appliances shall be located
on the lot at least 10 feet behind the building line, and all service
storage or similar activities in connection with such use shall be
conducted entirely within the building. There shall be at least 20
feet between driveways on each street, and all driveways shall be
perpendicular to the curb or street line.
(5)
Light automobile repair work may be done at an automobile filling
station, provided that no major repairs, spray-paint operation, or
body or fender repair is permitted.
(6)
Vehicles shall not be parked so as to overhang the public right-of-way.
A.
The parking or storage of major recreational equipment, including,
but not limited to, travel trailers, utility trailers, pickup campers
or coaches, motorized dwellings, tent trailers, boats and boat trailers,
amphibious houseboats, or similar equipment normally used for recreational
purposes shall be permitted as an accessory use in all residential
districts, subject, however, to the following regulations and requirements:
(1)
No more than two items of recreational equipment may be parked
on a lot for each dwelling unit located thereon, other than in a totally
enclosed building.
(2)
Such major recreational equipment shall not exceed 28 feet in
length, eight feet in width, and 10 feet in height, exclusive of masts,
antennas, vent stacks, windshields or other accessories.
(3)
Such equipment shall not be used for living, sleeping, housekeeping
or business purposes, nor shall such major recreational equipment
be connected to any utility service, except for temporary periods
solely for replenishing supplies or for the servicing or repair of
equipment.
(4)
Major recreational equipment shall not be parked or stored in
a manner which infringes upon the setback requirements for accessory
buildings in the residential district in which the lot is located.
(5)
Site plans for residential development which provide common
parking areas, such as townhouse or apartment developments, shall
show special provisions made for storage and screening of storage
areas for major recreational equipment.
B.
The parking or storage of school buses or other buses, commercial
tractors or trailers, specialized construction equipment, or any commercial
vehicle over two-ton capacity is prohibited, except that school buses
may be parked during normal school hours, provided such parking does
not obstruct traffic or traffic visibility. Outside parking or storage
of more than one commercial vehicle of any type is prohibited in any
residential district except when such vehicle is used in conjunction
with or is accessory to and parked or stored on the site of a permitted
use, including but not limited to farming, a construction site, or
a permitted public or semipublic use such as a utility, school, church
or other institution.
A mini warehouse may be permitted, provided:
A.
At least 75% of the total on-site storage space shall be contained
in individual enclosed stalls containing no more than 500 square feet
each and no greater than 10 feet high.
B.
No activities other than the dead storage or transfer of nonvolatile
goods or leasing of storage space are permitted. Prohibited uses include,
but are not limited to, miscellaneous sales; fabrication or repair
of vehicles, equipment, or other goods; transfer-storage business
based on-site; residential uses (other than the resident manager's
apartment); or any use that creates a nuisance due to noise, odor,
dust, light, or electrical interference.
C.
An on-site manager or resident manager shall be required and shall
be responsible for the operation of the facility in conformance with
conditions of approval. A resident manager's apartment shall be included
in the use permit.
D.
Adequate access and parking shall be provided. Parking for storage
purposes shall be provided via a driving/parking land adjacent to
each storage space/stall, with a minimum thirty-foot width for one-way
routes where accessed on one side of the land and a forty-five-foot
width for a two-way route or where accessed on both sides.
E.
Adjoining properties used or zoned for residential/dwelling purposes:
(1)
Non-street-facing property lines shall be improved with a minimum
six-foot-high, 100% opaque, solid wooden fence or masonry wall along
the entire length (except for approved access crossings); said improvements
are to be located outside any public right-of-way and interior to
a minimum fifty-foot natural undisturbed buffer.
(2)
Street-facing property lines shall require a minimum six-foot,
100% opaque, wooden fence or masonry wall along the entire length
(except for approved access crossings); said improvements are to be
located outside any public right-of-way and interior to a minimum
twenty-foot landscape strip.
F.
Adjoining all properties used or zoned for other than residential/dwelling
purposes:
(1)
Non-street-facing property lines shall be improved with a minimum
six-foot-high, 100% opaque, solid wooden fence or masonry wall along
the entire length, interior to a ten-foot landscape strip.
(2)
Street-facing property lines shall be provided with a minimum
twenty-foot landscape strip or buffer as specified in Appendixes E
and F[1] and a minimum six-foot-high, 100% opaque, wooden fence
or masonry wall along the entire length (except for approved access
crossings) located outside any public right-of-way and interior to
any required landscape strips and/or buffers.
[1]
Editor's Note: Appendixes E and F are included as attachments to this chapter.
A veterinary hospital or animal boarding facility may be allowed,
provided that an animal boarding place shall be located only on a
lot having an area of two acres or more and that no part of any building
or area used for such purposes shall be located within 150 feet of
any street or road or the nearest property line or, in the alternative,
that the animals be kept in a soundproofed building from 8:00 p.m.
to 8:00 a.m. and that it shall be located only on a lot having an
area of two acres or more, and that no part of any building or any
area used for such purposes shall be located within 50 feet of any
street or road or the nearest property line or within 150 feet from
any dwelling other than the house of the owner or person in control
of the boarding place. The Board of Appeals is hereby empowered to
increase the restrictions herein provided and to add others when it
is deemed necessary in order to protect the health and safety of residents
and workers on adjoining properties and in the general neighborhood.
Such a use shall be for a period of two years, subject to renewal.
A.
Permit required.
(1)
An annual permit, signed by the property owner, is required
for keeping of any domesticated chickens. The annual permit is personal
to the permittee and may not be assigned.
(2)
An applicant for a permit to keep chickens must demonstrate
compliance with the criteria and standards in this chapter in order
to obtain a permit.
(3)
The application for a permit shall be submitted to the Zoning
Administrator or his/her designee.
(4)
Proof of registration with the Maryland Department of Agriculture
is required as well as the property owner's signature, along with
the Town permit.
(5)
The lot shall be improved with a single-family detached dwelling
which is occupied as a residence.
C.
Noncommercial use only. Chickens shall be kept for personal use only;
no person shall sell eggs or engage in chicken breeding or fertilizer
production for commercial purposes.
D.
Enclosures.
(1)
Chickens must be kept in a maximum of a thirty-two-square-foot
area, which includes the enclosure and fenced area (chicken pen),
at all times during daylight hours. Enclosures must be clean, dry,
and odor-free, kept in a neat and sanitary condition at all times,
and in a manner that will not disturb the use or enjoyment of neighboring
lots due to noise, odor or other adverse impact. The chicken pen must
provide adequate sun and shade and must be impermeable to rodents,
wild birds, and predators, including dogs and cats. It shall be constructed
with sturdy wire fencing buried at least 12 inches in the ground or
securely wrapped on all sides and the bottom. The pen must be covered
with wire, aviary netting, or solid roofing.
(2)
Chickens shall be secured within a henhouse during nondaylight
hours. The structure shall be enclosed on all sides and shall have
a roof and doors. Access doors must be able to be shut and locked
at night. Opening windows and vents must be covered with predator-and
bird-proof wire of less than one-inch openings. The use of scrap,
wasteboard, sheet metal, or similar materials is prohibited. The henhouse
shall be well-maintained.
(3)
Henhouses, enclosures, and fenced areas shall be kept no less
than 20 feet from all property lines. This requirement may be reduced
to five feet from a property line with written approval from the neighboring
property owner. Such written approval must be granted no greater than
30 days prior to submittal of an application under this section.
(4)
Henhouses, enclosures, and fenced areas shall only be located
in rear yards if a primary residence exists on the property. For a
corner lot or other property where no rear yard exists, these facilities
shall not be located any closer to a public street than the primary
residence. Henhouses are not allowed to be located in any part of
a home.
(5)
Any enclosure or coop that has not been actively used to house
chickens for one year must be dismantled and removed from the property.
E.
Odor and noise impacts.
(1)
Odors from chickens, chicken manure, or other chicken-related
substances shall not be perceptible at the property boundaries.
(2)
Perceptible noise from chickens shall not be loud enough at
the property boundaries to disturb persons of reasonable sensitivity.
(3)
The slaughtering of chickens is prohibited within Town limits.
F.
Lighting. Only motion-activated lighting may be used to light the
exterior of the henhouse.
G.
Predators, rodents, insects, and parasites. The property owner and/or
chicken owner shall take all necessary action to reduce the attraction
of predators and rodents and the potential infestation of insects
and parasites that may result in unhealthy conditions to human habitation.
If unhealthy conditions are found, the chickens may be removed by
the Town, through the Animal Control Officer or any other designee,
and the cost shall be borne by the property owner and/or chicken owner.
H.
Feed and water. Chickens must be provided with access to feed and
clean water at all times; such feed and water shall be unavailable
to rodents, wild birds and predators.
I.
Waste storage and removal. Provision must be made for the storage
and removal of chicken manure. All stored manure shall be covered
by a fully enclosed container or compost bin. No more than one twenty-gallon
container of manure shall be stored on any one property housing chickens.
All other manure shall be removed. In addition, the henhouse, chicken
pen and surrounding area must be kept free from trash and accumulated
droppings. Uneaten feed shall be removed in a timely manner.
J.
Removal of chickens. Any violation of the provisions above shall
be grounds for an order from the Town to remove the chickens and the
chicken-related structures. The Code Enforcement Officer may order
the removal of the chickens upon a determination that the chickens
pose a health risk. If a chicken dies, it must be disposed of promptly
in a sanitary manner.
A.
In any zone, a public utility building or public utility structure not otherwise permitted, including radio and television broadcasting stations and towers (but not including electric power transmission or distribution lines carrying in excess of 69,000 volts, which findings shall be controlled only by Subsection E hereunder), may be allowed, where the Board finds that:
(1)
The proposed building or structure at the location selected
is necessary for public convenience and service.
(2)
The proposed building or structure at the location will not
endanger the health and safety of workers and residents in the community
and will not substantially impair or prove detrimental to neighboring
properties.
B.
Public utility buildings in any permitted residential zone shall,
whenever practicable, have the exterior appearance of residential
buildings and shall have suitable landscaping, screen planting, and
fencing, wherever deemed necessary by the Board.
C.
Any proposed broadcasting tower shall have a setback of one foot
from all property lines for every foot of height of the tower, provided
that any broadcasting tower lawfully existing prior to the effective
date of this chapter shall be exempt from the setback limitations
imposed by this subsection and may be continued, structurally altered,
reconstructed, or enlarged, provided that no structural change, repair,
addition, alteration, or reconstruction shall result in increasing
the height of such tower above the then-existing structurally designed
height nor result in locating/relocating guy wires further from the
tower.
D.
Examples of public utility buildings and structures for which special
exceptions are required under this section are buildings and structures
for the occupancy, use, support, or housing of switching equipment,
regulators, stationary transformers, and other such devices for supply
electric service; telephone offices; railroad, bus, trolley, air,
and boat passenger stations; radio or television transmitter towers
and stations.
E.
In any zone, overhead electric power and energy transmission and
distribution lines carrying in excess of 69,000 volts may be permitted
by special exception where:
(1)
The proposed use does not have an unduly adverse effect on the
general plan for the physical development of the district as embodied
in this chapter and in the Comprehensive Plan or portion thereof adopted
by the Town Council;
(2)
The proposed use will not adversely affect the health and safety
of the residents or workers in the area;
(3)
There is a public necessity for the proposed building, structure,
or facility at the location selected; and
(4)
The proposed use will have the least possible detrimental effect
to the use of development of adjacent properties or the general neighborhood.
(5)
In making such findings, the Board shall consider the following
factors, and such other factors as the Board may find to be necessary
or important to effectuate its review:
(a)
Points at which the proposed line crosses heavily traveled highways
or streets, or other arteries of transportation, either existing or
proposed;
(b)
Proximity of the line to schools, churches, theatres, clubs,
museums, fairgrounds, or other places of assembly, either existing
or proposed;
(c)
The amount and probability of low-level flying over the line
and nearness of the line to airports and/or heliports, either existing
or proposed;
(d)
Any fire hazard or interference with firefighting equipment
due to the location and construction of the proposed line;
(e)
Proximity of the line to public parks and recreational areas,
either existing or proposed;
(f)
Effect upon property values of those who will not be compensated
for a taking under the laws of the state;
(g)
The effect upon environmental quality and ecological balance
of protected watersheds, planned open space between corridors of development
and green belt areas surrounding satellite community development;
and
(h)
Proximity of the line to historic sites and structures.
An antenna or tower greater than 40 feet in height and associated
substations (radio, television, microwave broadcasting, etc.) may
be permitted, provided:
A.
All structures shall be located at least 200 feet from an existing
dwelling.
B.
A minimum ten-foot landscape strip shall be required and maintained
around all property lines exterior to any fence or wall.
C.
Any proposed broadcasting tower shall have a setback of one foot
from all property lines for every foot of height of the tower, provided
that any broadcasting tower lawfully existing prior to the effective
date of this chapter shall be exempt from the setback limitations
imposed by this subsection and may be continued, structurally altered,
reconstructed, or enlarged, provided that no structural change, repair,
addition, alteration, or reconstruction shall result in increasing
the height of such tower above the then-existing structurally designed
height.
A satellite dish may be located in a residential district, provided
it complies with the following conditions:
A.
Subject to the provisions contained herein, satellite dish antennas
in excess of 36 inches shall be located only in the rear yard of any
lot. If a usable satellite signal cannot be obtained from such rear
yard, the antenna may be located on the side or front of the property
if a landscaped evergreen planting screen is provided for any ground-mounted
satellite dish antenna to screen it from the view of adjacent lots
and public view. In the event that a usable satellite signal cannot
be obtained by locating the antenna on the rear or side yard of the
structure, such antenna may be placed on the roof of the dwelling
structure.
B.
It complies with the setback requirements of the underlying zone
for accessory structures.
C.
It does not exceed 12 feet in height above the existing grade, if
ground-mounted.
D.
It shall be adequately screened from any adjacent residential zone,
right-of-way, or private street easements, at horizontal grade level
to the satisfaction of the Zoning Administrator, if ground-mounted.
E.
Only one satellite dish shall be permitted per dwelling unit located
on the lot.
F.
It shall not be located on the front facade of any building.
G.
A zoning permit shall be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
H.
The construction and installation of satellite dish antennas shall
conform to all applicable building codes and other regulations and
requirements.
I.
Satellite dish antennas shall not be mounted on chimneys, towers,
spires, or trees.
J.
The antennas shall be permanently mounted. No antenna shall be installed
on a portable or movable structure, such as a recreational vehicle.
K.
No ground-mounted antenna shall exceed an overall diameter of six
feet or an overall height of 15 feet above the existing grade.
L.
Satellite dish antennas shall be of noncombustible and corrosive-resistant
materials erected in a secure, wind-resistant manner to protect the
safety and welfare of the community.
Building-mounted solar collection systems are permitted in any
zoning district:
Ground-mounted solar collection systems are permitted as an
accessory use in any zoning district:
A.
In residential and mixed-use zoning districts and for residential
uses in any zoning district, ground-mounted solar collection systems
shall not occupy more than 900 square feet of the lot, shall not be
taller than 10 feet in height, and shall meet all setback requirements
for accessory structures.
B.
In commercial and public-institutional districts, ground-mounted
solar collections systems shall meet the height and setback requirements
for accessory structures in that district.
A.
General requirements.
(1)
Excluding finishes, coatings, or coverings applied by the manufacturer,
wind turbines shall be painted a nonreflective, nonobtrusive color.
Small wind energy system towers shall maintain a galvanized steel,
brushed aluminum, or white finish, unless FAA standards require otherwise.
(2)
Small wind energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer
and shall not be artificially lighted, except to the extent required
by the FAA or other applicable authority.
(3)
A small wind energy system shall be located on a lot or parcel
as an accessory use. Only one small wind energy system shall be permitted
on a lot or parcel one acre or smaller in size.
(4)
On a lot or parcel one acre (43,560 square feet) or smaller
in size, the total height of a small wind energy system, including
the wind turbine, tower, and base, shall not exceed a maximum height
of 80 feet. For a lot or parcel greater than one acre in size, the
total height shall not exceed the height recommended by the manufacturer
or distributor of the system or any limitation imposed by FAA regulations.
In no case shall the total height of any small wind energy system
exceed 100 feet, and tower loading shall not exceed manufacturer or
distributor recommendations.
(5)
Each small wind energy system shall be set back a distance equal
to its total height plus 20 feet from all property lines, public road
rights-of-way, and from any aboveground (overhead) public utility
lines, such as electric power or telephone communication lines.
(6)
A wind turbine blade tip shall, at its lowest point, have a
ground clearance of no less than 15 feet, as measured at the lowest
point of the arc of the blades. Wind turbine towers shall not be climbable
up to 12 feet or shall have removable climbing features below 12 feet.
(7)
No small wind energy system shall be erected, constructed, installed
or modified as provided in this section without first obtaining a
building and electrical permit. All such energy systems shall be constructed
and operated in accordance with all local, state, and federal laws.
(8)
To the maximum extent possible, all on-site wiring or power
lines necessary to control or transmit power from the wind energy
system shall be placed underground or hidden from public view, except
where necessary to connect the system with an aboveground power line.
(9)
No small wind energy system shall have a rated maximum output
in excess of 15 kilowatts of electricity. No variance to this electric-generating
capacity shall be granted by the Board of Appeals. Guy wires used
to support a small wind energy system structure shall be set back
at least 10 feet from all property lines and shall be secured to stationary
anchors properly and securely mounted into the ground, not a tree
or other structure on the property. Appropriate, but not excessive,
reflective or visible painting or colored objects (such as flags,
reflectors, or tapes) shall be placed on all guy wires within 10 feet
of the ground in sufficient quantities or spacing to make them visible.
(10)
All supporting towers for a small wind energy system shall be
specifically engineered to support a wind turbine. Steel lattice support
towers shall be prohibited in all residential zoning districts. The
use or modification of a supporting tower originally designed for
a telecommunications antenna as a supporting tower for a small wind
energy system shall be prohibited. Supporting towers constructed of
aluminum also shall be prohibited.
(11)
The applicant shall document that the proposed small wind energy
system shall not generate audible noise levels over 55 dBA at all
property boundaries.
(12)
All small wind energy systems shall be designed with braking,
governing, or feathering systems to prevent uncontrolled rotation,
overspeeding, and excessive pressure on the tower structure, rotor
blades, and system components.
(13)
Appropriate warning notice (i.e., electrical hazards) shall
be placed on small wind energy systems. All access doors to wind turbine
towers and electrical equipment shall be lockable.
(14)
Any small wind energy system found to be abandoned or unsafe
by the Code Compliance Official shall be repaired or removed by the
landowner. A small wind energy system that fails to operate and is
out-of-service for a continuous twelve-month period will be deemed
to have been abandoned.
B.
Large wind energy systems shall not be permitted in any zoning district
within the Town.
C.
Building-mounted wind energy systems shall be permitted as an accessory
use to any principal permitted use in any zoning district.
(1)
No more than one building-mounted wind energy system with a
rated maximum output of not more than 15 kilowatts of electricity
shall be permitted on any individual property. No variance to this
electric-generating capacity shall be granted by the Board of Appeals.
(2)
The highest part of the building-mounted wind energy system
may not exceed 10 feet above the highest point of the roof in all
zoning districts.
Roadside stands shall be permitted in zones as specified in Article X, provided that:
A.
Roadside stands are limited to 1,000 square feet.
B.
Off-street parking is provided at the ratio of one space per 200
square feet of roadside stand with a minimum of two parking spaces.
C.
A zoning permit for the roadside stand is approved by the Zoning
Administrator.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Roadside stands shall be located outside the Critical Area buffer.
E.
Roadside stands shall be located at least 25 feet from the edge of
the roadway.
The use of a tract or parcel of land or buildings for a funeral
parlor or undertaking establishment may be allowed upon a finding
by the approval authority that:
A.
The use will not constitute a nuisance because of noise, traffic,
or type of physical activity. Such use shall be devoted to services
usually incident to funeral parlor and undertaking establishment operation,
including, but not limited to, transportation of human remains to
and from the premises; embalming, cosmeticizing, and casketing of
remains; visiting of the premises by decedents' families and the general
public for the purpose of viewing the remains and conducting business
with the establishment; delivery and storage of caskets, including
a room or area devoted to display thereof, provided the cremation
of remains is expressly prohibited. In any residential zone, the premises
shall, and in any commercial zone may, maintain either as a separate
building or a portion of the main building one dwelling unit, which
shall be occupied by the owner or an employee of the establishment.
B.
The property and building shall conform to the following:
(1)
The percentage of the lot covered by buildings shall not exceed
15%.
(2)
Minimum lot area: one acre.
(3)
Minimum front yard setback: 75 feet.
(4)
Minimum side yard setback: 25 feet each side.
(5)
Minimum rear yard setback: 25 feet.
(6)
Building height limit: same as specified in the applicable zone.
(7)
Minimum frontage at the building line: 100 feet.
(8)
Public water and sewer are available and shall be used for the
operation of the facilities.
(9)
The grounds and exterior of all buildings shall be kept and
maintained in conformity with the prevailing standards of the community.
(10)
The following additional requirements shall also be met:
(a)
Special conditions, such as provisions for additional fencing
or planting or other landscaping, additional setback from property
lines, location, arrangement of lighting, and other reasonable requirements
deemed necessary to safeguard the general community interest and welfare,
as may be invoked by the approval authority.
(b)
The method of waste disposal shall meet the standards set by
the Town, county, state or federal governments.
Cemeteries not located on church ground may be permitted as
special exception in the Public-Institutional Zone, provided a buffer
meeting bufferyard standard C in Appendix F[1] is provided between any burial plot and all lot lines.
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
Crematoriums may be permitted as a Special Exception in the
Public-Institutional Zone, provided:
A.
Bufferyards shall be required to adequately separate this use from
adjacent uses or properties in order to eliminate or minimize potential
nuisances such as dirt, litter, noise, glare of lights, signs, and
unsightly buildings or parking areas, or to provide spacing to reduce
impacts of noise, odor, or danger from fires or explosions.
B.
This use is only permitted when in conjunction with a funeral home
or cemetery.
C.
Any crematorium shall be located at least 200 feet from any residential
lot line.
D.
If this use is to be located in the resource conservation area (RCA)
of the Chesapeake Bay Critical Area the applicant must apply for,
and receive, growth allocation prior to any approvals.
A.
In deciding whether a permit for a special event should be denied for any reason specified in Article IV or in deciding what additional conditions to impose under Article IV, the Zoning Administrator shall ensure that (if the special event is conducted at all):
(1)
The hours of operation allowed shall be compatible with the
uses adjacent to the activity.
(2)
The amount of noise generated shall not disrupt the activities
of adjacent land uses.
(3)
All litter generated by the special event will be removed by
the applicant at no expense to the Town.
(4)
That the parking generated by the event can be accommodated
without undue disruption to or interference with the normal flow of
traffic.
B.
In cases where it is deemed necessary, the Zoning Administrator may
require the applicant to post a bond to ensure compliance with the
conditions of the special exception permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
If the permit applicant requests the Town to provide extraordinary
services or equipment or it is otherwise determined that extraordinary
services or equipment should be provided to protect the public health
or safety, the applicant shall be required to pay to the Town a fee
sufficient to reimburse the Town for the costs of these services.
This requirement shall not apply if the event has been anticipated
in the budget process and sufficient funds have been included in the
budget to cover the costs incurred.
D.
Occasional outdoor festivals or events, including, but not limited
to, horse shows, carnivals, dog shows, arts and crafts shows, music
festivals, etc., and seasonal business use may be allowed, provided:
(1)
The proposed site shall be of sufficient size to accommodate
the use without adversely affecting adjacent land uses.
(2)
No temporary sanitary facility or trash receptacle may be located
within 200 feet of an existing dwelling; no tent shall be located
within 250 feet of an existing dwelling.
(3)
A drawing to scale shall accompany the application and shall
accurately depict the standards of this section.
(4)
Nonrecurring festivals or events shall not exceed seven days
in any 12 consecutive months.
(5)
Seasonal business uses shall not exceed a total of 90 days in
any 12 consecutive months.
(6)
A maximum continuous sound level of 60 dB and a maximum peak
sound level of 75 dB shall not be exceeded adjacent to land used for
residential purposes, and operations shall cease not later than 11:30
p.m.
(7)
Activity areas shall be at least 500 feet from a residential
district.
(8)
Vehicular access shall be derived only from an arterial or major
collector.
(9)
A minimum of one parking space shall be provided for every 500
square feet of ground area.
A horticultural nursery or commercial greenhouse may be allowed,
together with buildings incidental thereto, upon a finding by the
Board that such use will not constitute a nuisance because of traffic,
noise, or other factors. The sale of plants, trees, shrubs, seeds,
fertilizers, plant foods, hand tools, hand spraying and watering equipment,
and pesticides directly related to residential gardening shall be
permitted, provided that such tools and equipment are not displayed
outdoors. Nothing herein shall be construed to permit the sale or
storage of general hardware or power equipment. No such horticultural
nursery or commercial greenhouse shall be located on a tract of land
containing less than two acres and no part of any building thereon
shall be less than 50 feet from the nearest property line. Greenhouses
shall have a minimum setback of twice the height of the building,
and storage of all materials which produce odors or attract pests
shall be effectively covered.
Food trucks/mobile food vendors, with the purchase of a permit
and approval by the Town Manager, are permitted in all zoning designations,
including residential. Within the residential zone, food trucks/mobile
vendors shall be located in a designated area that does not impede
the flow of traffic or restrict access to residential properties.
