Town of Snow Hill, MD Supplemental Use Regulations

Purpose. Standards for creating accessory dwelling units address the following purposes:

Ensure that accessory dwelling units are compatible with the desired character and liability of residential districts;

Respect the general building scale and placement of structures to allow sharing of common space on the lot, such as driveways and yards; and

Ensure that accessory dwelling units are smaller in size than the principal residential unit.

Generally, the design standards for accessory dwelling units are stated in this section. If not addressed in this section, the base zoning district development standards apply.

Creation. An accessory dwelling unit may only be created through the following methods:

Converting existing living area, attic, or basement;

Adding floor area to an existing dwelling;

Construction of a standalone unit; or

Adding onto an existing accessory building (e.g., apartment in an existing garage).

Location of entrances. Only one entrance may be located on the front facade of the principal dwelling facing the street, unless the principal dwelling contained additional front facade entrances before the accessory dwelling unit was created.

Parking.

No additional parking space is required for the accessory dwelling unit if it is created on a site with an existing house and on-street parking is permitted and adequate.

One additional parking space located on or within 100 feet of the lot is required for the accessory dwelling unit: 1) when none of the roadways in abutting streets can accommodate on-street parking; or 2) when the accessory dwelling unit is created at the same time as the principal dwelling.

Maximum size. The size of an accessory dwelling unit may be no more than 50% of the living area of the principal dwelling or 800 square feet of floor area, whichever is less.

Accessory dwelling units created through the addition of floor area must meet the following standards:

The exterior finish material must be the same or visually match in type, size, and placement the exterior finish materials of the principal dwelling.

The roof pitch must be the same as the predominant roof pitch of the principal dwelling. The Board of Appeals may permit a different roof pitch if needed due to the shape of the roof on the existing principal dwelling if it determines that the proposed roof pitch will maintain a compatible appearance.

Trim on the edges of elements on the addition must visually match the type, size and location as the trim used on the rest of the principal dwelling.

Windows must match those in the principal dwelling in proportion and orientation.

Eaves must project from the building walls the same distance as the eaves on the rest of the principal dwelling.

In the RCA, the Planning Commission may consider one additional dwelling unit per lot or parcel as part of a primary dwelling unit for the purpose of the density calculation if the additional dwelling unit:

Is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit;

Does not exceed 900 square feet of enclosed area; and

[3]

Is served by the same sewage disposal system as the primary dwelling unit.

§ 200-58 Agriculture, crop production.

Agriculture, crop production and related structures are permitted in the R-1 and R-2 Districts on land holdings or leases of five acres or larger.

Growing of any product containing usable cannabis or medical cannabis finished product may be permitted by the Board of Appeals as a special exception in the R-1 District provided the applicant is a licensed grower approved by the Natalie M. LaPrade Medical Cannabis Commission and meets all of the requirements for licensed growers contained in COMAR 10.62.01.00.

§ 200-59 Alternative energy facilities, wind energy conversion systems.

Where small and medium wind energy conversion systems are permitted as an accessory use in all districts subject to the followings conditions:

Notwithstanding the provisions of §§ 200-28 and 200-33 hereof, there shall be no variances or adjustments permitted to the setback or lot requirements established herein for wind energy conversion systems.

Minimum lot requirements shall be as follows:

Small wind energy conversion systems:

Minimum lot area: no minimum established but instead shall be a function of the minimum setbacks;

Minimum setbacks in the R-1, B-1, B-2, HC, M-1 and M-2 Districts: 1 1/2 times the total height of the system to all property lines, overhead power lines, and public rights-of-way;

Minimum setbacks in the R-2 and R-3 Districts: 2 1/2 times the total height of the system to all property lines, overhead power lines, and public rights-of-way.

Medium wind energy conversion systems:

Minimum lot area: five acres;

Minimum setbacks in the R-1, R-2, M-1 and M-2 Districts: 1 1/2 times the total height of the system to all property lines, overhead power lines, and public rights-of-way;

Minimum setbacks in the R-3 District: 2 1/2 times the total height of the system to all property lines, overhead power lines, and public rights-of-way.

Large wind energy conversion systems: not permitted in any district.

Anchor points for any guy wires supporting a wind energy conversion system shall be set back a minimum of 25 feet from all property lines.

There shall be no more than one wind energy conversion system on any lot in any R District and no more than two wind energy conversion systems on any lot in the B or M Districts.

The Board of Zoning Appeals as a special exception may authorize greater than two wind energy conversion systems on any lot in an R-1 District where the Board affirmatively finds that the additional wind energy conversion systems will not have a detrimental effect on the peaceful enjoyment of the surrounding properties.

All wind energy conversion systems must be approved under an emerging technology program such as the California Energy Commission, International Electrotechnical Commission or any other wind energy certification program recognized by the American Wind Energy Association or the United States Department of Energy. Home-built, experimental and prototype wind energy conversion systems shall be allowed, provided their safety is certified by a professional engineer licensed in the State of Maryland.

All building permit applications for wind energy conversion systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings, and any accessory structures. An engineering analysis, prepared by a licensed professional engineer, of the tower and its supporting systems demonstrating compliance with the most current edition of the International Building Code shall also be provided.

All wind energy conversion systems shall be supplied with a redundant braking system to prevent overspeed rotation. The braking system shall include both aerodynamic overspeed controls, including variable pitch, tip brakes, and other similar systems, and a mechanical or electromechanical braking system. All mechanical brakes shall be operated in fail-safe mode. Passive stall regulation shall not be considered an approved braking system for overspeed protection.

All electrical wires associated with a wind energy conversion system, other than those necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect or the junction box, or any required grounding wires, shall be wireless or located underground.

Wind energy conversion systems shall not be artificially lighted. If the proposed system is in such a location or of such a height that the Federal Aviation Administration would require lighting, the system shall not be permitted.

No part of any wind energy conversion system, including any guy wires supporting the system or the area swept by the rotors, shall be located upon, within or extend over a drainage, utility, access or other similar established easement.

Audible noise due to a wind energy conversion system's operations shall not exceed the background noise levels as measured at the property line of the site on which the system is located by more than five decibels as measured on the decibel scale using sound weighting filter A [commonly known as the "dB(A) scale"].

The minimum distance between the ground and any part of the rotor blade for a small wind energy conversion system shall be 12 feet while for a medium wind energy conversion system it shall be 30 feet. Any tower climbing apparatus shall be at least 12 feet from the ground.

Wind turbines shall be painted a nonreflective, nonobtrusive color.

Where a wind energy conversion system has not generated any electricity for a period of 12 months or more, it shall be considered abandoned and, as such, shall be decommissioned and removed by the property owner. The decommissioning shall include removal of any wind turbine, its supporting tower or structure, buildings, cabling, electrical components, or any other part of the system that is at or above ground level. The property owner shall be responsible for fully completing the decommissioning within 90 days of abandonment.

Meteorological towers shall be subject to the same regulations and standards as a wind energy conversion system in the given zoning district.

§ 200-60 Alternative energy facilities, solar energy power system or heating equipment.

Solar energy systems and solar energy heating equipment shall be permitted in any zoning district subject to the following conditions and limitations:

Small and medium solar energy systems and solar energy heating equipment shall be permitted in all zoning districts subject to the following requirements:

Small solar energy systems or any solar energy heating equipment may be a part of or attached to a principal or accessory structure located on a site and shall be subject to the same setback and height limitations of said structure except as may be modified by § 200-93A(1)(d) hereof. Where not a part of or attached to a principal or accessory structure, small solar energy systems and solar energy heating equipment shall be considered an accessory use on any lot or parcel of land and shall be subject to the setback and height limitations as contained in the particular zoning district for other customary accessory structures which are directly incidental to the permitted principal uses and structures on the site.

Medium solar energy systems may be attached to or a part of a principal or accessory structure located on a site or may be located as freestanding independent arrays, systems or structures. In all cases they shall be subject to the setback and height limitations for the principal or accessory structure.

All mechanical equipment associated with and necessary for the operation of the solar energy system shall not be located in the minimum front yard setback and shall be subject to the setback requirements for customary accessory structures in the zoning district.

All mechanical equipment shall be screened from any adjacent property which is in the R-1, R-2, R-3 Districts or used for residential purposes. The screen shall consist of shrubbery, trees or other ornamental or natural vegetation sufficient to provide an immediate visual barrier to the equipment. In lieu of a vegetative screen a decorative fence may be used, but must be maintained.

All solar panels shall be situated in such a manner as to prevent concentrated solar radiation or glare from being directed onto adjacent properties, roads, or public gathering places.

All power transmission lines for freestanding ground-mounted solar energy systems or pipes from solar energy heating equipment connecting freestanding systems to a building shall be located underground.

Signage or text on solar energy systems may be used to identify the manufacturer, equipment information, warning or ownership but shall not be used to display any commercial advertising message or anchor any streamers, balloons, flags, banners, ribbons, tinsel or other materials to attract attention.

(8)

Any ground-mounted system which has not produced any electricity for a period of 12 months or more or found to be unsafe by the Building Official shall be considered abandoned and, as such, shall be repaired or decommissioned and removed by the property owner. The decommissioning shall include the removal of the solar energy system and all equipment, electrical components, support structures, cabling, or any other part of the system that is at ground level or above. The property owner shall be responsible for completing the decommissioning within 90 days of abandonment.

Large solar energy systems may be located in the R-1 District with a minimum lot area of 25 acres which in no case may be reduced by action of the Board of Zoning Appeals notwithstanding the provisions of § 200-33F(1). Furthermore, all approvals of large solar energy systems shall be in accordance with a two-step approval process. The first step must be completed in its entirety, including the obtaining of all necessary approvals, prior to proceeding to the second step.

Step I, concept plan approval. In this step the applicant shall submit adequate plans and documents to sufficiently address the required elements of review by the Planning Commission. This submission shall constitute the application for a large solar energy system.

The concept plan shall include at a minimum the following:

A sketch plan at a readable scale with contours shown at two-foot intervals, all existing and man-made features, existing zoning, a vicinity map, flood zone designation, and the boundary of the Chesapeake Bay critical area and designation if applicable.

A preliminary designation of sensitive areas, including but not limited to a preliminary delineation of any tidal or nontidal wetlands, and a forest stand delineation showing any existing significant trees.

A preliminary delineation of the area proposed to be disturbed by the construction of the solar energy system and a schematic plan generally identifying the existing and proposed drainage patterns for the site and potential stormwater management treatment measures.

A written narrative outlining the need and benefits of the proposed facility, the anticipated life of the facility, and proposed measures and financial sureties for decommissioning the facility at the end of its useful life.

An operations and maintenance plan which includes measures to limit unauthorized access to the facility and minimize environmental impacts from cleaning and maintaining the facility, general operational parameters, and emergency operations and shutdown procedures.

A description of the type, size, amount, height and area occupied by the various components of the solar energy system and conceptual elevation drawings of any proposed buildings.

Where potable water and wastewater treatment is required, a preliminary feasibility analysis of wastewater disposal capabilities and potable water production.

Such other information as the Planning Commission may reasonably require to fully evaluate the proposal.

The planning staff shall meet with the applicants to review the concept plan and written information. The planning staff may request additional information from the applicant, including studies or reports, and may require changes or make suggestions to the applicant with regard to the application and its conformance with other sections of the Zoning and Subdivision Control Article and other pertinent laws and programs. Subsequent to the meeting, the planning staff shall prepare a report to the Planning Commission of its findings and recommendations, a copy of which shall also be supplied to the applicant. The planning staff shall review the applicant's submission and present its report to the Planning Commission within 90 days of the applicant's submission of a complete application, unless extension approved by both the Planning Commission and applicant.

The Planning Commission shall then meet with the applicant to review the submission and the staff report. The Planning Commission shall produce findings with regard to the application's consistency with the Comprehensive Plan, the terms of the Zoning and Subdivision Control Article, and any other laws or programs that may apply to the application. The Planning Commission shall also make a recommendation to the Town Council as to approval or disapproval of the application which may address the items contained in the staff report and other such areas as it may deem appropriate. The Planning Commission shall submit its report and recommendation within 90 days of its receipt of the staff report, unless extended by the Town Council.

The Town Council shall consider the application and recommendation of the Planning Commission and hold a public hearing within 90 days of receipt of the Planning Commission's report and recommendation, unless extended by a majority vote of the Town Council. The hearing shall have the same procedural formalities as a map amendment as described in § 200-134 hereof. Notice of the public hearing shall be as required in § 200-135 hereof. The Town Council shall review the application and the staff report and Planning Commission reports and recommendations and shall, following the public hearing, approve or disapprove the application. The Town Council may require independent reports by consultants at the expense of the applicant prior to making a determination with regard to the application. Failure of the Town Council to reach a formal decision on the application within six months of the public hearing shall constitute a denial of the application. In granting an approval the Town Council may impose any conditions it sees fit in order to protect the health, safety and welfare of the adjoining property owners or public at large. Any conditions so established shall run with the land and shall be fully enforceable upon any subsequent owners, tenants or occupants of the property. Any approval by the Town Council must be unconditionally accepted by the applicant and property owner in writing within 90 days of approval by the Town Council. Failure to accept the approval and conditions shall be considered a rejection and abandonment of the approval by the applicant and therefore the approval shall be null and void and of no effect whatsoever.

Step II, master site plan approval. Upon completion of Step I the project shall be reviewed and processed as a major site plan in accordance with the provisions of § 200-22 hereof.

§ 200-61 Antennas, towers and telecommunications uses.

Purpose and intent. The purpose and intent of this section is to provide for the effective management, control and review of telecommunications uses, including towers, antennas, and related wireless equipment and structures. Accordingly, antennas, towers and telecommunications uses may be permitted as a special exception by the Board of Appeals in any zoning district subject to the following conditions:

Provisions in addition to other district provisions. In addition to the standards and provisions contained elsewhere in the Town Code, the following additional provisions shall apply to all telecommunications uses.

Applications for the addition of telecommunications equipment to existing structures or for new monopoles, freestanding towers, and guyed towers shall include the following:

A winds load analysis conducted by a qualified engineer.

A certificate by a qualified engineer attesting to the structural integrity of the existing structure and the projected effects resulting from the addition of the proposed equipment.

A certificate of compliance attesting to the fact that the proposed equipment meets or exceeds Federal Communications Commission (FCC) and American National Standards Institute (ANSI) standards on radiation emissions.

A complete description of the impact and a detailed plan for avoiding, minimizing, mitigating or buffering the effects of the proposed use on the following natural resources: steep slopes, wetlands, stream corridors, forests, and habitats of threatened or endangered species.

A complete description of the impact and a detailed plan for avoiding, minimizing, mitigating or buffering the effects of the proposed use on any area of local, regional or national historic or cultural significance.

Explanation of the necessity to place the facility in that particular location.

Supporting evidence regarding the proposed equipment's effects upon adjacent and adjoining property values.

A detailed description assessing the impact that the proposed equipment will have upon aviation and overall visibility, including the following:

A copy of all information required by, or submitted to, the Federal Communications Commission and Federal Aviation Administration (FAA) concerning the proposed use and the impact that it will have upon aviation or overall visibility.

A copy of all plans and specifications required as a condition of approval by the FCC or FAA and an analysis of the impact that compliance with FCC or FAA mandates will have upon adjacent and adjoining land uses.

[3]

Proof of compliance with all FAA requirements relating to lighting, siting, height, and visibility shall be required prior to final permitting.

(i)

For additions to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, documentation that establishes that the applicant performed a diligent search for a suitable site that did not have the effect of increasing the height of existing structures.

(j)

For new monopoles, freestanding towers, and guyed towers, documentation that establishes that the applicant performed a diligent search for a suitable existing structure.

(k)

For new monopoles, freestanding towers and guyed towers, documentation that demonstrates that approved Town-owned sites as designated by the Mayor and Council by resolution, which may be amended from time to time, are unsuitable.

(l)

The provisions of Subsections B(1)(h) through B(1)(k) hereof shall not apply where additions to existing structures do not increase the overall height.

Standards. Monopoles, freestanding towers and guyed towers approved after the adoption of this section shall comply with the following:

Minimum lot requirements. Lot area and lot dimensions shall be a function of the minimum setback required and are established as follows:

For all monopoles and freestanding towers of 199 feet in height or less which are concealed or camouflaged, the minimum structure setback shall be:

[a]

Front yard setback: 50 feet; and

[b]

Side and rear setbacks: 20 feet.

For all non-concealed or -camouflaged monopoles of any height and any monopole of 200 feet or greater in height, the minimum structure setback shall be equal to the height of the monopole plus 50 feet.

[3]

For all towers up to 199 feet in height, the minimum structure setback shall be 1.25 times the height.

[4]

For all towers 200 feet in height or greater, the minimum setback shall be one foot of setback for every one foot of tower height up to 200 feet plus 1 1/2 feet of setback for every one foot of tower height exceeding 200 feet.

Siting requirements. There shall be a minimum separation distance of 1,000 feet from the nearest existing or permitted residential structure on an adjacent parcel; 2,000 feet from all existing or permitted schools, day-care centers, nursing homes and long-term care facilities; and 5,000 feet from any property designated on the National Historic Register except for monopoles, towers or facilities 199 feet or less in height and which are concealed. There shall be a minimum separation distance equal to the calculated tower setback as defined in Subsection B(2)(a) hereof to any easement line of any overhead utility.

Lighting requirements. No lighting shall be required or permitted, except what is specifically required by the FCC, FAA or another relevant state or federal agency; additionally, in instances where the FCC or FAA require daytime high-intensity strobe lighting, a set of red marker lights shall be installed for nighttime use. All strobe lights shall be turned off at twilight.

Lighting conversion. Except as otherwise required by the FCC, FAA or other relevant state or federal agency, existing towers equipped with nighttime high-intensity strobe lighting shall be converted to red marker lights or alternating daytime strobe and nighttime red marker lights as described in Subsection B(2)(c) hereof not later than January 1, 2004.

Security requirements. A fence with a minimum height of 12 feet shall be installed around the perimeter of the tower base. All equipment shall be located within this fenced area. The fence shall have an access gate which shall be kept in a locked condition at all times, except when servicing is required. The fence shall be equipped with additional entrance prevention devices as necessary to prevent compound access by unauthorized personnel.

Screening requirements.

Except for monopoles in the HC District and monopoles, freestanding towers and guyed towers in the M-1 and M-2 Districts, there shall be an additional screening requirement consisting of a buffer at least 25 feet in width planted with native species trees capable of reaching not less than 60 feet in height when mature. For monopoles in the HC District and monopoles, freestanding towers and guyed towers in the M-1 and M-2 Districts, screening-type landscaping shall be provided around the exterior perimeter of the fence.

Screening shall consist of vegetation thickly planted and of such species that it will provide a complete visual barrier and thus obscure the use or structure from sight from adjacent properties once the vegetation reaches maturity or within five years, whichever comes first. Planting shall be located in such a manner that the vegetation at maturity shall not encroach onto adjacent properties.

Visibility. All telecommunications facilities and accessory structures shall be sighted in such a way as to have the least possible adverse effect on the visual environment. All non-concealed or -camouflaged facilities shall be of a galvanized finish or painted light gray or pale blue above any surrounding tree line while any portion below the tree line shall be painted gray, green, black or similar color and designed to blend into the natural environment or surrounding structures, unless otherwise required by the FAA. Furthermore, they shall be designed and sighted so as to avoid, wherever possible, application of FAA lighting and painting requirements. When located in any zoning district other than the M-1 or M-2 Districts, structures and facilities accessory to a monopole or tower shall use architecture, materials, colors and textures designed to blend with the natural environment and other structures in the general area The concealment or camouflaging of monopoles, towers and other telecommunication facilities, using industry standard techniques and structures such as artificial trees, architectural features on buildings, flag poles and grain silos, among others, is highly recommended and should be used wherever possible.

Additional provisions. All obsolete or unused towers and equipment shall be removed at the owner's expense within 12 months of the cessation of use.

§ 200-62 Continuing care retirement communities.

Continuing care retirement communities may be permitted by the Board of Appeals as special exception in the R-2 and R-3 Districts and shall be permitted as a use by right in the B-2 and HC Districts subject to the following conditions:

Residents are provided service and supervision by licensed operators in accordance with federal, state and local laws, regulations and requirements.

The minimum allowable number of parking spaces shall be 1/4 space per unit and the maximum allowable shall be 1/2 per unit.

Accessory uses shall be allowed within the residential facility or a separate community center facility on site. Such uses as may be desirable for the convenience of the residents including, without limitation, barbers/hairdressers, retail sales, restaurants, snack bars, gift shops, laundry services, banking and financial services, business and professional offices are subject to the following conditions:

Accessory uses shall be solely for the use and convenience of residents of a facility;

Accessory uses shall be wholly within a residential facility or a separate community center facility on site and shall have no exterior advertising display.

§ 200-63 Bed-and-breakfast.

A bed-and-breakfast may be permitted by the Planning Commission in the R-1 and R-2 Districts subject to the following conditions:

The facility is detached family dwelling occupied by the owner or operator and complies with all applicable fire, safety and health codes and regulations. The Planning Commission may permit one additional bed-and-breakfast in the R-1 and R-2 Districts provided the second bed-and-breakfast is owned and operated by the same person(s) and meeting all the conditions of this section.

No meal other than breakfast is served to guests, which is included in their room charge.

A minimum of one full bathroom with lavatory, toilet and shower or tub or combination thereof shall be available for every two guest rooms.

Parking spaces are to be located on the property in such a manner as to minimize any adverse impact upon the appearance of the property and to minimize the destruction of shrubs and trees readily visible from a public way. The Planning Commission shall specify appropriate buffers to separate parking areas from adjoining residential properties.

No cooking facilities shall be permitted in any guest room.

Upon conversion of an existing dwelling to a bed-and-breakfast establishment, no additional entrance shall be permitted in the front facade.

On-premises signs advertising the bed-and-breakfast establishment shall be in conformance with the zoning regulations.

§ 200-64 Inn.

[Added 6-11-2019 by Ord. No. 2019-04]

The facility is a detached family dwelling occupied by the owner or operator and complies with all applicable fire, safety and health codes and regulations.

A minimum of one full bathroom with lavatory, toilet and shower or tub or combination thereof shall be available for every two guest rooms. A separate accessible bathroom facility shall be provided for accessory use of serving of meals.

No cooking facilities shall be permitted in any guest room.

No additional entrance shall be permitted on the front facade upon conversion of an existing dwelling to an inn.

On-premises signs advertising the inn shall be in conformance with the zoning regulations.

Property shall be listed on the National Register of Historic Places, or be eligible under Department of Interior Guidelines as reviewed by the Snow Hill Planning Commission.

II. NATIONAL REGISTER CRITERIA FOR EVALUATION
Criteria for Evaluation
The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
A. That are associated with events that have made a significant contribution to the broad patterns of our history; or
B. That are associated with the lives of significant persons in our past; or
C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
D. That have yielded or may be likely to yield, information important in history or prehistory.
Criteria Considerations
Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or
c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or
d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or
e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or
f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or
g. A property achieving significance within the past 50 years if it is of exceptional importance.

Parking requirements. An inn, offering food sales to the general public and lodging to transients, shall adhere to the following parking requirements:

Restaurant with lounge. 12.5 spaces per 1,000 square feet or one space per four seats, whichever is greater.

Inn. One space per guest room and two spaces for the owner-occupant.

Shared and/or public parking availability will be taken into consideration for minimum parking requirements and reviewed by the Board of Appeals for applicability.

§ 200-65 Cemeteries.

Cemeteries, including such accessory uses as mausoleums and crematories, may be permitted by the Board of Appeals as special exception in any zoning district subject to the following conditions:

No graves or burial lots are to be located within an eight-foot front yard setback. If a fence is situated in the interior of the front yard setback, side yard setback, or rear yard setback, no further setback is required other than what is necessary to create the vaults on the inside portion of the fence.

Arrangements shall be made satisfactory to the Town Attorney or designee for the perpetual maintenance of the cemetery.

Burial lots shall only be allowed in approved cemeteries; none shall be allowed on private property.

§ 200-66 Contractor's shop.

Contractor's shops may be permitted by the Board of Appeals as a special exception in the B-1 and B-2 Districts provided all business, processing, repair work and fabrication shall be conducted wholly within a completely enclosed building.

§ 200-67 Day-care center.

A day-care center may be permitted by the Board of Appeals as a special exception in R-1, R-2 and R-3 Districts subject to the following requirements:

Property and structures meet the following requirements:

Lot area: 20,000 square feet.

Lot width: 100 feet.

Front yard setback: 35 feet.

Each side yard setback: 25 feet.

Rear yard setback: 40 feet, when located not less than 20 feet from any other lot in any R District.

Applicants for day-care centers shall meet the requirements of the Office of Child Care Licensing and Regulation in the Department of Human Resources of the State of Maryland, or its successor agency.

A day-care center shall not have more day-care children than the number which appears on the certificate of registration issued by the Office of Child Day Care Licensing and Regulation to such provider.

§ 200-68 Day-care home.

A family day-care home use may be permitted as an accessory use in the R-1, R-2 and R-3 Districts subject to the following conditions:

Applicants for family day-care facilities shall meet the requirements of the Office of Child Care Licensing and Regulation in the Department of Human Resources of the State of Maryland, or its successor agency for family day care.

A family day-care home shall not have more day-care children than the number which appears on the certificate of registration issued by the Office of Child Day Care Licensing and Regulation to such family day-care home and family day-care provider.

At any one time, a family day-care home shall have no more than eight children, including no more than two children under the age of two years.

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.

The family day-care provider shall comply with Article 88A of the Annotated Code of Maryland and the State Department of Human Resources regarding group day-care centers.

All such uses shall be located so as to permit the safe pickup and delivery of all persons on this site.

§ 200-69 Fuel storage.

Notwithstanding any provision of this chapter to the contrary, the following regulations shall apply to the fuel storage tanks as an accessory use:

As used in this section, the term "fuel storage tank" shall mean any vessel or tank that stores gases or liquids, including fuel products such as gasoline, diesel fuel, heating oil, natural gas, natural gas liquids, propane, synthetic gas or similar products.

A fuel storage tank with a capacity of 1,000 gallons or less is permitted as an accessory use in all districts provided the tank is located on the same lot as the principal use and such tank complies with the requirements of the National Fire Protection Association and/or the Public Service Commission.

Fuel storage tanks with a capacity greater than 1,000 gallons, either individually or in the aggregate, are prohibited in all residential districts and in the B-1 Downtown Shopping District.

Bulk storage or wholesaling of fuels and other flammable liquids in excess of 2,000 gallons may be permitted as a special exception by the Board of Appeals in the M-1 and M-2 Districts subject to the following conditions:

The minimum lot requirements shall be:

Lot area: three acres.

Lot width: 500 feet.

Front yard setback:

Two hundred feet for storage and handling structures and facilities.

Fifty feet for other structures.

Side yard setbacks:

Two hundred feet for storage and handling structures and facilities.

Twenty feet for other structures.

Rear yard setback:

Two hundred feet for storage and handling structures and facilities.

Twenty feet for other structures, provided that all storage and handling structures and facilities shall be located a minimum of 700 feet from any residential area.

Bulk storage of fuels in underground storage tanks is permitted for fueling stations subject to site plan approval.

§ 200-70 Funeral and mortuary establishments.

Funeral and mortuary services may be permitted by the Board of Appeals as a special exception in the R-2 and R-3 Districts and shall be permitted in the B-2 District subject to the following conditions:

All funeral vehicles are housed when not in use;

Adequate off-street parking and loading spaces are provided, but not in any front yard or street side yard;

No sign is displayed other than a wall-mounted or freestanding name sign not exceeding 10 square feet in area.

§ 200-71 Group domiciliary care facility.

A group domiciliary care facility may be permitted in the R-2 and R-3 Districts provided:

The facility must be licensed by the State of Maryland.

No more than eight residents, excluding resident staff, shall be permitted.

There shall be a minimum of 450 square feet of floor area for each resident, including resident staff, i.e., gross living area divided by the number of residents and staff.

No such facility shall be located within 1,000 feet of a similar facility.

Off-street parking shall be provided to allow one space for each resident staff member, plus two visitor parking spaces.

§ 200-72 HC Highway Commercial District design standards.

The design of development projects in the HC Highway Commercial District shall adhere to the Worcester County Design Guidelines and Standards for Commercial Uses (Resolution 90-25) to the maximum extent possible as determined by the Planning Commission.

Any nonresidential development proposed within 100 feet of a resident zone shall meet the following requirements:

Outdoor storage facilities shall be screened by a sight obscuring fence, wall or hedge from view of the public road and from adjacent residential property.

Exterior lighting shall be designed to illuminate the site and be directed away from public streets and residential properties.

Roof equipment shall be screened from view of nearby residential property.

Landscape standards.

A buffer yard shall be provided along all road frontages and along all property lines adjoining residentially zoned property as follows:

The first 30 feet of any required yard adjacent to an arterial highway shall be landscaped in a manner approved by the Planning Commission.

The first 15 feet of any required yard adjacent to any other state highway shall be landscaped in a manner approved by the Planning Commission.

Yard adjacent to any residentially zoned property shall be landscaped in a manner approved by the Planning Commission.

Proposed landscaped buffer yards shall be shown on the landscape plan referred to in § 200-120.

§ 200-73 Heliports.

A heliport may be permitted by the Board of Appeals as a special exception in the M-1 and M-2 Districts provided the Board finds that the design of facilities is consistent with the recommendations of the Federal Highway Administration, Federal Aviation Administration advisory circular AC No: 150/5390-2C dated April 24, 2012, or as may be periodically updated.

§ 200-74 Home occupation.

A home occupation not exceeding 1,500 square feet in gross area shall be permitted in the R-1, R-2 and R-3 Districts subject to the following requirements:

There are two types of home occupations, Type 1 and Type 2. Uses are allowed as a home occupation only if they comply with all of the requirements of this chapter. Determination of whether or not a proposed home occupation is a Type 1 or Type 2 shall be made by the Planning Commission.

Type 1. A Type 1 home occupation is one wherein the residents use their home as a place of work; however, no employees or customers come to the site. A Type 1 home occupation shall be permitted by the Town in all zoning districts.

Type 2. A Type 2 home occupation is one where either one employee (residing outside of the dwelling) or customers/clients come to the site. Examples are counseling, tutoring, and other such instructional services.

Permitted home occupations. Examples of permitted home occupations include, but are not necessarily limited to, the following:

Offices for such professionals as, but not limited to, architects, brokers, counselors, clergy, doctors, draftspersons and cartographers, engineers, land planners, insurance agents, lawyers, real estate agents, accountants, editors, publishers, journalists, psychologists, contract management, graphic design, construction contractors, landscape design, surveyors, cleaning services, salespersons, manufacturer's representatives, and travel agents.

Instructional services, including music, dance, art and craft classes.

Studios for artists, sculptors, photographers and authors.

Workrooms for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry, and woodworking.

A Type 2 home occupation not exceeding 1,500 square feet in gross area may be permitted by the Board of Zoning Appeals as a special exception in the R-1, R-2 and R-3 Districts provided that such use shall conform to the following standards which shall be the minimum requirements:

Operational standards.

Conditions of approval established by the Board of Zoning Appeals shall specify the hours of operation, maximum number of customer/client visits that may occur in any one day and the maximum number of customers/clients that can be present during hours of operation.

A Type 2 home occupation shall have no more than one nonresident employee on the premises at any one time. The number of nonresident employees working at other locations other than the home occupation is not limited.

The home occupation shall be limited to the parking/storage of one commercial vehicle on the premises, not exceeding 15,000 pounds gross vehicle weight.

Type 1 home occupations are not required to provide any additional parking beyond what is required for the residential use. Type 2 home occupations shall provide two hard-surfaced, dust-free parking areas.

The equipment used by the home occupation and the operation of the home occupation shall not create any vibration, heat, glare, dust, odor, or smoke discernible at the property lines, generate noise exceeding those permitted by state code, create electrical, magnetic or other interference off the premises, consume utility quantities that negatively impact the delivery of those utilities to surrounding properties, or use/or store hazardous materials in excess of the quantities permitted in a residential structure.

Site-related standards.

Outdoor activities.

All activities must be in completely enclosed structures.

Exterior storage or display of goods or equipment is prohibited except the Planning Commission may allow limited exterior display of goods where such display is not incompatible with the surrounding residential area, e.g., display of artistic carvings, sculptor, decoys, and the like.

Appearance of structure and site. The dwelling and site must remain residential in appearance and characteristics. Internal or external changes which will make the dwelling appear less residential in nature or function are prohibited.

Signage shall be limited to one unlighted or indirectly lighted sign per address not exceeding three square feet in area either mounted flush with and on the front facade of the dwelling unit or hung on an independent post.

§ 200-75 Limited industrial.

Limited industrial uses may be permitted by the Board of Appeals as a special exception in the B-2 District provided:

All uses are contained entirely within buildings on the site.

The Board of Appeals determines that the proposed use or uses are compatible with neighboring residential and business uses.

Uses create no odors or other adverse impacts to the surrounding neighborhood.

§ 200-76 Mini storage facilities.

Mini storage facilities shall be permitted in the HC, M-1 and M-2 Districts provided:

Storage use only. No commercial sales activities shall be permitted on any portion of the lot or parcels.

No boats or motor vehicles shall be kept on the premises unless within the structure.

No mechanical or repair work shall be done on any boat or motor vehicle on the premises.

Buildings shall be permanent structures only. Sheet metal sheds of less than 500 square feet shall not be permitted. There shall be at least 25 feet between separate buildings.

Storage units shall:

Be self-contained;

Be well ventilated;

Have lockable doors;

Be of fire-resistant material.

Circulation traffic aisles shall be a minimum of 25 feet wide.

Permanent landscaping shall be provided in the five feet nearest a street.

§ 200-77 Multifamily dwellings.

Multifamily dwellings are permitted in the R-3 District subject to the following conditions:

Multifamily dwelling shall be constructed in accordance with an approved site plan prepared under the provisions of § 200-22 of this chapter.

At least 25% of the gross development area shall be reserved as common open space.

The setback requirements for multifamily dwellings shall be determined by the development standards for the zoning district in which the project is located except as hereby modified:

When more than one multifamily building is constructed, the buildings shall collectively adhere to the front setback requirements of the district in which they are located, plus five feet per story over two stories, or portion thereof.

When more than one multifamily building is built, no building shall be closer than 25 feet from any other multifamily building.

When more than one multifamily building is constructed, external walkways shall be paved and lighted.

All areas not utilized for building or off-street parking shall be landscaped and maintained in accordance with Article XII of this chapter.

All buildings within the multifamily project shall be of compatible architectural design.

No more than nine units may be constructed in one building at first floor level and no more than three units may be constructed with the same front setback.

The facades of units shall be varied by changed front yards of not less than five feet. Architecture shall be compatible among the units within the development and harmonious with the existing architecture of the Town of Snow Hill.

The maximum permitted density shall be eight dwelling units per acre.

Side yard setback requirements for multifamily units (condominiums, townhouses, and apartments) adjacent to a single-family detached residence or vacant residential lot shall be 25 feet. Parking setback is also 25 feet.

Rear yard setback requirements for multifamily units (condominiums, townhouses, and apartments) adjacent to a single-family residence or vacant residential lot shall be 40 feet. The setback for parking areas is also 40 feet.

§ 200-78 Mixed-use building, residential.

Residential units may be located within a principal commercial structure permitted in the B-1, B-2, PDD and HC Districts subject to the following conditions:

Residential units must be a minimum of 500 square feet and comply with the Fire Code.

Residential units may only be located above the first floor level of the principal building.

Accessory uses located outside the principal structure and separate structures serving the residential units are prohibited in the B-1 District.

§ 200-79 Portable storage containers, roll-off trash containers.

Temporary buildings and structures, including trailers for uses incidental to construction work on the premises shall be permitted in any district where such construction is being done by a responsible contractor or builder under a contract having a definite completion date and on the condition that such temporary buildings and structures shall be removed upon the completion or discontinuance of construction. However, no person shall sleep or reside in such buildings while so used.

A property owner or tenant may rent and use a portable storage container provided the following conditions are met:

The Snow Hill Code Enforcement Officer shall be notified at least three business days prior to placing the storage container on the site.

A portable storage container shall be located at the address for a maximum of 60 consecutive days, including the days of delivery and removal. Extensions may be granted by the Code Enforcement Officer, subject to conditions, for reasonable additional time periods in an amount not to exceed 30 days for each extension.

The unit is no larger than eight feet wide by eight feet high by 16 feet long.

The unit is not located within any public right-of-way and does not block any public sidewalk.

There is no more than one portable storage container for any address at any one time.

The container shall not be located in the front setback unless approved by the Code Enforcement Officer. If access exists at the side or rear of the site, the container shall be located in a side or rear yard.

Portable storage containers shall be placed on an impervious surface where feasible (e.g., driveway).

(8)

The portable storage container shall be used for the temporary storage of household goods and related items only. The portable storage container may not be used for waste.

(9)

On duplex, townhouse, or multifamily properties, placement of the portable storage container must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the storage container does not obstruct emergency access or infringe on required landscaped areas.

(10)

Portable storage containers are not permitted accessory structures and shall not be used as such.

A roll-off trash container may be temporarily placed on a property in a residential district provided the following conditions are met:

The Code Enforcement Officer shall be notified at least three business days prior to placing the roll-off trash container on the site.

A roll-off trash container shall be located at the address for a maximum of 30 consecutive days, including the days of delivery and removal. Extensions may be granted by the Code Enforcement Officer, subject to conditions, for reasonable additional time periods in an amount not to exceed 30 days for each extension. The Planning Commission may grant further extensions not to exceed six months.

The unit has a maximum capacity of 40 cubic yards, or is no larger than eight feet wide by eight feet high by 16 feet long.

There is no more than one roll-off trash container for any address at any one time.

The unit is not located within any public right-of-way and does not block any public sidewalk unless approved by the Code Enforcement Officer.

Roll-off trash containers shall be placed on an impervious surface (e.g., driveway) where feasible.

The roll-off trash container is used only for disposal of acceptable waste. Examples of waste that are not acceptable include refrigerators, a/c units, tires, batteries, car parts, hazardous waste, and gas or propane tanks.

(8)

On duplex, townhouse, or multifamily properties, placement of the roll-off trash container must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the storage container does not obstruct emergency access or infringe on required landscaped areas.

(9)

Roll-off trash containers are not permitted accessory structures and shall not be used as such.

§ 200-80 Private recreational uses.

General.

The regulations of this section shall apply to all unenclosed private recreational uses, including tennis courts and swimming pools, which require the installation of permanent surfaces, either at ground level or elevated.

Such uses shall be considered as "structures" for the purposes of the required building permit.

Such use shall be used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests.

Such use shall be located only in the side or rear yard and not less than 10 feet from any property line.

Regulations applicable to private swimming pools.

The provisions of this section shall control the design and location of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drownings and near-drownings by restricting access to swimming pools, spas and hot tubs.

Definitions.

BARRIER

A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

RESIDENTIAL

That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse no more than three stories in height.

SWIMMING POOL

Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

Swimming pools, including an in-ground, aboveground or on-ground pool, hot tub or spa, shall be provided with a barrier which shall comply with the following:

The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.

Openings in the barrier shall not allow passage of a four-inch diameter sphere.

Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1 3/4 inches in width.

Maximum mesh size for chain link fences shall be a one-and-one-fourth-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches.

Where the barrier is composed of diagonal members, such as lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 3/4 inches.

Access gates shall comply with the requirements of the current building code and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism and openings shall comply with the following:

The release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate; and

The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.

It shall be at the landowner's discretion whether the barrier surrounds the swimming pool, that portion of the property on which the swimming pool is located or the property line in its entirety.

If the barrier cannot be erected within 15 days of the date the swimming pool is filled with water, a temporary fence must be erected within that time.

§ 200-81 Satellite earth station, satellite dish.

In areas which the Planning Commission determine to be primarily residential in character, no satellite dish may be located in a front yard unless necessary for reception, exceed four feet in diameter, extend more than six feet from a building if attached thereto or be over 10 feet above the ground in height.

In areas which the Planning Commission determine to be primarily commercial or industrial in character, except where the proposed installation is adjacent to a residential property, satellite dishes may be six feet or less in diameter, may extend up to 12 feet from a building if attached thereto and be up to 20 feet above the ground in height.

§ 200-82 Storage in bulk.

Storage in bulk, drying or other processing of grain and livestock feed or storage and sale of fertilizer, coal, coke or firewood, provided that dust is effectively controlled during all operations may permitted by the Board of Appeals as a special exception in the M-1 District subject to the following conditions:

The minimum lot requirements shall be:

Lot area: two acres.

Lot width: 200 feet.

Front yard setback: 100 feet.

Side yard setbacks: 100 feet, except 200 feet from a residential lot property line.